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Queensland
Terrorism, Organised Crime
and Anti-Corruption
Surveillance Bill 2007
Queensland
Terrorism, Organised Crime and
Anti-Corruption Surveillance Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Functions of eligible authority
5 Eligible authority to keep documents connected with issue of
warrants .................................... 5
6 Other records to be kept by an eligible authority in connection
with interceptions .................................. 5
7 Documents to be given by an eligible authority to Minister . . . . . 7
8 Documents to be given by State Minister to Commonwealth
Minister ...................................... 8
9 Keeping and destruction of restricted records . . . . . . . . . . . . . . . 8
Part 3 Functions and powers of principal inspector
10 General functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Regular inspections of an eligible authority's records . . . . . . . . . 9
12 Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Principal inspector may report on other breaches . . . . . . . . . . . . 11
14 Principal inspector's general powers for inspections . . . . . . . . . . 11
15 Power to obtain relevant information . . . . . . . . . . . . . . . . . . . . . . 11
16 Principal inspector to be given information and access despite
other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Dealing with information for purposes of inspection and report . . 13
18 Inspecting officer not to be sued . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Delegation by principal inspector . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Confidentiality provisions relating to inspecting officer . . . . . . . . . 14
2
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
21 Exchange of information between principal inspector and
Commonwealth ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 4 Miscellaneous
22 Copies of reports for Commonwealth Minister . . . . . . . . . . . . . . . 16
23 General confidentiality provision. . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Offences relating to inspections under pt 3 . . . . . . . . . . . . . . . . . 17
25 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Attachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Attachment Extracts from the Commonwealth Act . . . . . . . . . . . . . . . . . . 22
2007
A Bill
for
An Act to facilitate the surveillance of communication between
persons who are or may be involved in acts of terrorism,
organised crime or corruption by enabling participating eligible
authorities under the Telecommunications (Interception and
Access) Act 1979 (Cwlth) to be declared as agencies under that
Act, and for other purposes
s1 4 s4
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Terrorism, Organised Crime and 4
Anti-Corruption Surveillance Act 2007. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Objective 8
The main objective of this Act is to establish a recording, 9
reporting and inspection regime to complement the 10
Telecommunications (Interception and Access) Act 1979 of 11
the Commonwealth, so that the Queensland Police Service 12
and the Crime and Misconduct Commission may use 13
telecommunications interception as a tool for the investigation 14
of particular serious offences prescribed under the 15
Commonwealth Act. 16
4 Dictionary 17
(1) The dictionary in the schedule defines particular words used 18
in this Act. 19
(2) Unless the contrary intention appears, expressions used in this 20
Act that are not defined in the dictionary have the same 21
respective meanings as in the Commonwealth Act. 22
s5 5 s6
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Part 2 Functions of eligible authority 1
5 Eligible authority to keep documents connected with 2
issue of warrants 3
The chief officer of an eligible authority must cause to be kept 4
in the authority's records-- 5
(a) each warrant issued to the authority; and 6
(b) a copy of each notification under the Commonwealth 7
Act, section 53(1)(b)1 of the issue of a warrant, being a 8
notification given to the secretary of the Commonwealth 9
department; and 10
(c) each instrument revoking a warrant; and 11
(d) a copy of each certificate issued under the 12
Commonwealth Act, section 61(4)2 by a certifying 13
officer of the authority; and 14
(e) each authorisation by the chief officer under the 15
Commonwealth Act, section 66(2).3 16
6 Other records to be kept by an eligible authority in 17
connection with interceptions 18
(1) The chief officer of an eligible authority must cause to be 19
recorded in writing-- 20
(a) particulars of each telephone application for a part 2-5 21
warrant made by the authority; and 22
(b) for each application by the authority for a part 2-5 23
warrant, a statement as to whether-- 24
(i) the application was withdrawn or refused; or 25
(ii) a warrant was issued on the application; and 26
1 Commonwealth Act, section 53 (Notification of issue of warrants)
2 Commonwealth Act, section 61 (Evidentiary certificates)
3 Commonwealth Act, section 66 (Interceptor may communicate to agency to which
warrant was issued)
s6 6 s6
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(c) for each part 2-5 warrant whose authority is exercised 1
by the authority, particulars of-- 2
(i) the warrant; and 3
(ii) the day and time each interception under the 4
warrant began; and 5
(iii) how long each interception lasted; and 6
(iv) the name of the person who carried out each 7
interception; and 8
(v) for a named person warrant--each service to or 9
from which communications have been intercepted 10
under the warrant; and 11
(d) for each restricted record that has at any time been in the 12
possession of the authority, particulars of-- 13
(i) if the restricted record is a record obtained by an 14
interception under a warrant issued to the 15
authority--that warrant; and 16
(ii) each occasion when the restricted record came, 17
whether by its making or otherwise, to be in the 18
authority's possession; and 19
(iii) each occasion, if any, when the restricted record 20
ceased, whether by its destruction or otherwise, 21
being in the authority's possession; and 22
(iv) each other agency or other body, if any, from or to 23
which, or other person, if any, from or to whom, 24
the authority received or supplied the restricted 25
record; and 26
(e) particulars of each use made by the authority of lawfully 27
intercepted information; and 28
(f) particulars of each communication of lawfully 29
intercepted information by an officer of the authority to 30
a person or body other than an officer of the authority; 31
and 32
(g) particulars of each occasion when, to the knowledge of 33
an officer of the authority, lawfully intercepted 34
s7 7 s7
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
information was given in evidence in a relevant 1
proceeding in relation to the authority. 2
(2) The record must be made as soon as practicable after the 3
happening of the event to which the particulars relate or the 4
statement relates. 5
(3) If a part 2-5 warrant is a named person warrant, the particulars 6
mentioned in subsection (1)(c)(ii) must indicate the service in 7
relation to which each interception happened. 8
(4) The chief officer of an eligible authority must cause to be kept 9
in the authority's records each record that the chief officer has 10
caused to be made under this section. 11
7 Documents to be given by an eligible authority to 12
Minister 13
(1) The chief officer of an eligible authority must give the 14
Minister-- 15
(a) a copy of-- 16
(i) each warrant issued to the authority; and 17
(ii) each instrument under the Commonwealth Act, 18
section 52 or 574 revoking a warrant issued to the 19
authority; 20
as soon as practicable after the issue or revocation of the 21
warrant; and 22
(b) within 3 months after a warrant issued to the authority 23
ceases to be in force, a written report about-- 24
(i) the use made by the authority of information 25
obtained by interceptions under the warrant; and 26
(ii) the communication of that information to persons 27
other than officers of the authority; and 28
4 Commonwealth Act, section 52 (Judge or nominated AAT member may revoke
warrant where section 51 contravened) or 57 (Revocation of warrant by chief
officer)
s8 8 s9
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(c) as soon as practicable, and in any event within 3 months, 1
after each 30 June, a written report that sets out the 2
information that-- 3
(i) the Commonwealth Act, part 2-8, division 25 4
requires to be set out in the Commonwealth 5
Minister's report under that division relating to the 6
year ending on that 30 June; and 7
(ii) can be derived from the authority's records. 8
(2) A report under subsection (1)(c) must include a statement of 9
the total expenditure, including expenditure of a capital 10
nature, incurred by the eligible authority in connection with 11
the execution of warrants during the year to which the report 12
relates. 13
8 Documents to be given by State Minister to 14
Commonwealth Minister 15
The Minister must give the Commonwealth Minister-- 16
(a) a copy of a warrant issued to an eligible authority; or 17
(b) a copy of an instrument revoking a warrant issued to an 18
eligible authority; or 19
(c) a report of a type mentioned in section 7(1)(b) or (c); 20
as soon as practicable after a copy of the warrant, instrument 21
or report is given to the Minister. 22
9 Keeping and destruction of restricted records 23
(1) The chief officer of an eligible authority must cause a 24
restricted record in the possession of the authority to be kept, 25
except when it is being otherwise dealt with under the 26
Commonwealth Act and this Act, in a secure place where it is 27
not accessible to persons other than persons who are entitled 28
to deal with it. 29
5 Commonwealth Act, part 2-8 (Reports about interceptions under parts 2-3 and 2-5),
division 2 (Reports by the Minister)
s 10 9 s 11
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(2) Subsection (1) applies whether the restricted record was made 1
before or after the commencement of the Commonwealth Act, 2
section 35.6 3
(3) The chief officer of an eligible authority must cause a 4
restricted record of a type mentioned in subsection (1) to be 5
destroyed immediately if the chief officer is satisfied the 6
restricted record is not likely to be required for a permitted 7
purpose in relation to the authority, other than a purpose 8
connected with an inspection of the type mentioned in section 9
11 or with a report on that type of inspection. 10
Part 3 Functions and powers of 11
principal inspector 12
10 General functions and powers 13
The principal inspector-- 14
(a) may inspect an eligible authority's records to ascertain 15
the extent of compliance by the authority's officers with 16
part 2; and 17
(b) must report to the Minister about the results of the 18
inspections; and 19
(c) may do anything necessary or convenient for the 20
performance of the functions mentioned in paragraphs 21
(a) and (b). 22
11 Regular inspections of an eligible authority's records 23
(1) The principal inspector must inspect an eligible authority's 24
records at least once before the end of the financial year in 25
which the eligible authority is declared to be an agency under 26
the Commonwealth Act to ascertain the extent to which the 27
6 Commonwealth Act, section 35 (Preconditions for declaration)
s 12 10 s 12
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
authority's officers have complied with sections 5, 6 and 9 1
since the commencement of this Act. 2
(2) After the financial year mentioned in subsection (1), the 3
principal inspector must inspect an eligible authority's records 4
at least twice during each financial year to ascertain the extent 5
to which the authority's officers have complied with sections 6
5, 6 and 9 since the last inspection under this part of the 7
authority's records. 8
(3) The principal inspector may at any time inspect the eligible 9
authority's records to ascertain the extent to which the 10
authority's officers have complied with sections 5, 6 and 9 11
during any period. 12
12 Reports 13
(1) The principal inspector, as soon as practicable, and in any 14
event within 3 months after the end of each financial year, 15
must report to the Minister in writing, in relation to an eligible 16
authority, about the results of the inspection under section 17
11(1) of the authority's records. 18
(2) The principal inspector must include in each report under 19
subsection (1) in relation to a financial year-- 20
(a) a summary of the inspections conducted in the financial 21
year under section 11; and 22
(b) particulars of any deficiencies identified that impact on 23
the integrity of the telecommunications interception 24
regime established by the Commonwealth Act; and 25
(c) particulars of the remedial action, if any, taken or 26
proposed to be taken to address those deficiencies. 27
(3) The principal inspector may report to the Minister in writing 28
at any time about the results of an inspection under this part 29
and must do so if requested by the Minister. 30
(4) The principal inspector must give a copy of a report under 31
subsection (1) or (2) to the chief officer of the eligible 32
authority. 33
s 13 11 s 15
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
13 Principal inspector may report on other breaches 1
If, because of an inspection under this part of an eligible 2
authority's records, the principal inspector considers that an 3
officer of the authority has contravened the Commonwealth 4
Act or section 5, 6 or 9 of this Act, the principal inspector may 5
include a report on the contravention in the report on the 6
inspection. 7
14 Principal inspector's general powers for inspections 8
(1) For an inspection under this part of an eligible authority's 9
records, the principal inspector-- 10
(a) may, after notifying the chief officer of the authority, 11
enter premises occupied by the authority at any 12
reasonable time; and 13
(b) is entitled to have full and free access at all reasonable 14
times to all records of the authority; and 15
(c) despite any other law, may make copies of, and take 16
extracts from, records of the authority; and 17
(d) may require an officer of the authority to give the 18
principal inspector the information the principal 19
inspector considers necessary, being information that is 20
in the officer's possession, or to which the officer has 21
access, and that is relevant to the inspection. 22
(2) The chief officer of the eligible authority must ensure that the 23
authority's officers give the principal inspector the help in 24
connection with the performance of the principal inspector's 25
functions under this part the principal inspector reasonably 26
requires. 27
15 Power to obtain relevant information 28
(1) If the principal inspector has reason to believe that an officer 29
of an eligible authority is able to give information relevant to 30
an inspection under this part of the authority's records, 31
subsections (3) and (4) have effect. 32
(2) If the principal inspector has reason to believe that an officer 33
of the eligible authority is able to give information relevant to 34
s 16 12 s 16
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
an inspection under this part of the authority's records but 1
does not know the officer's identity, subsection (5) has effect. 2
(3) The principal inspector may, by notice given to the officer, 3
require the officer to give the information to the principal 4
inspector-- 5
(a) by writing signed by the officer; and 6
(b) at a stated place and within a stated period. 7
(4) The principal inspector may, by notice given to the officer, 8
require the officer to attend-- 9
(a) before a stated inspecting officer; and 10
(b) at a stated place; and 11
(c) within a stated period or at a stated time on a stated day; 12
to answer questions relevant to the inspection. 13
(5) The principal inspector may, by notice given to the chief 14
officer of the authority, require the chief officer, or a person 15
nominated by the chief officer, to attend-- 16
(a) before a stated inspecting officer; and 17
(b) at a stated place; and 18
(c) within a stated period or at a stated time on a stated day; 19
to answer questions relevant to the inspection. 20
(6) The place, the period or the time and day, stated in a 21
requirement under this section must be reasonable, having 22
regard to the circumstances in which the requirement is made. 23
16 Principal inspector to be given information and access 24
despite other laws 25
(1) Despite any other law, a person is not excused from giving 26
information, answering a question, or giving access to a 27
document, as and when required under this part, on the ground 28
that giving the information, answering the question, or giving 29
access to the document-- 30
(a) would contravene a law; or 31
(b) would be contrary to the public interest; or 32
s 17 13 s 17
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(c) might tend to incriminate the person or make the person 1
liable to a penalty. 2
(2) However-- 3
(a) the information, the answer, or the fact that the person 4
has given access to the document; and 5
(b) any information or thing, including a document, 6
obtained as a direct or indirect consequence of giving 7
the information, answering the question or giving access 8
to the document; 9
is not admissible in evidence against the person other than in a 10
prosecution for an offence against section 24. 11
(3) Nothing in any other law prevents an officer of an eligible 12
authority from-- 13
(a) giving information to an inspecting officer, whether 14
orally or in writing and whether or not in answer to a 15
question; or 16
(b) giving an inspecting officer access to a record of the 17
authority; 18
for an inspection under this part of the authority's records. 19
(4) Nothing in any other law prevents an officer of an eligible 20
authority from making a record of information, or causing a 21
record of information to be made, for the purposes of giving 22
the information to a person as permitted by subsection (3). 23
17 Dealing with information for purposes of inspection and 24
report 25
(1) This section applies if-- 26
(a) information is given to an inspecting officer, as 27
permitted by section 16(3) or this section, for an 28
inspection, or for a report on an inspection, under this 29
part of an eligible authority's records; or 30
(b) an inspecting officer obtains information because of 31
being given access to a record of the eligible authority, 32
as permitted by section 16(3), for an inspection under 33
this part of an authority's records. 34
s 18 14 s 20
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(2) The inspecting officer may, despite any other law, give to 1
another inspecting officer, make use of, or make a record of, 2
the information for an inspection, or for a report on an 3
inspection, under this part of the authority's records. 4
18 Inspecting officer not to be sued 5
Subject to section 20, an inspecting officer, or a person acting 6
under an inspecting officer's direction or authority, is not 7
liable to an action, suit or proceeding for or in relation to an 8
act done, or omitted to be done, in good faith and without 9
negligence in the performance or exercise, or the purported 10
performance or exercise, of a function conferred by this part. 11
19 Delegation by principal inspector 12
(1) The principal inspector may delegate to an appropriately 13
qualified inspecting officer any of the principal inspector's 14
powers under this Act, other than a power to report to the 15
Minister. 16
(2) A delegate must, if asked by a person affected by the exercise 17
of a power delegated to the delegate, produce the instrument 18
of delegation, or a copy of the instrument, for the person's 19
inspection. 20
(3) In this section-- 21
appropriately qualified includes having the qualifications, 22
experience or standing necessary to exercise the power. 23
Example of standing-- 24
The level at which an inspecting officer is employed. 25
20 Confidentiality provisions relating to inspecting officer 26
(1) Anything that a person has done or omitted to do in the 27
capacity of inspecting officer under this part is not to be 28
included in a report made under an Act by the person in his or 29
her capacity as the public interest monitor or as the holder of 30
an office under another Act. 31
s 21 15 s 21
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(2) Subject to section 16, a person must not record or disclose 1
information that was obtained by anyone under a warrant and 2
that came to the person's knowledge because the person is or 3
was an inspecting officer. 4
Maximum penalty--100 penalty units or 2 years 5
imprisonment. 6
(3) Subsection (2) does not-- 7
(a) prevent the principal inspector from disclosing in a 8
report under section 12 or 13 matters that the principal 9
inspector considers ought to be disclosed for the 10
purpose of stating the grounds for the conclusions and 11
recommendations in the report; or 12
(b) otherwise prevent a person from recording or disclosing 13
information for the discharge of his or her functions 14
under this Act. 15
(4) A person is not compellable in any proceeding to disclose 16
information that was obtained by anyone under a warrant and 17
that came to the person's knowledge because the person is or 18
was an inspecting officer. 19
(5) If-- 20
(a) subsection (2) or (4) applies to information within a 21
person's knowledge; and 22
(b) the information also came to the person's knowledge 23
because the person is or was engaged in the 24
administration of another Act; 25
the subsection applies despite provisions of the other Act that 26
may allow the person to record, disclose or in a proceeding be 27
compelled to disclose, the information. 28
21 Exchange of information between principal inspector and 29
Commonwealth ombudsman 30
(1) The principal inspector may give to the Commonwealth 31
ombudsman information that-- 32
(a) relates to a Commonwealth agency; and 33
(b) was obtained by the principal inspector under this Act. 34
s 22 16 s 23
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(2) The principal inspector may give information to the 1
Commonwealth ombudsman under subsection (1) only if the 2
principal inspector is satisfied the giving of the information is 3
necessary to enable the ombudsman to perform the 4
ombudsman's functions in relation to the Commonwealth 5
agency. 6
(3) The principal inspector may receive from the Commonwealth 7
ombudsman information relevant to the performance of the 8
principal inspector's functions under this Act. 9
Part 4 Miscellaneous 10
22 Copies of reports for Commonwealth Minister 11
As soon as practicable after a report is given to the Minister 12
under section 12, the Minister must give the Commonwealth 13
Minister a copy of the report. 14
23 General confidentiality provision 15
(1) A person who is or was engaged in the administration of this 16
Act must not disclose any information or record obtained by 17
the person because he or she is or was engaged in the 18
administration of this Act, unless the disclosure is made-- 19
(a) under the Commonwealth Act; or 20
(b) for a proceeding under-- 21
(i) the Commissions of Inquiry Act 1950; or 22
(ii) the Crime and Misconduct Act 2001; or 23
(c) for the discharge of the person's functions under this 24
Act. 25
Maximum penalty--100 penalty units or 2 years 26
imprisonment. 27
(2) Subsection (1) does not apply to a disclosure of information or 28
a record by a person who is or was an inspecting officer. 29
s 24 17 s 25
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Note-- 1
Disclosure by a person who is or was an inspecting officer is dealt with 2
under section 20. 3
(3) Also, subsection (1) applies despite the provisions of another 4
Act that may allow a person to disclose the information or a 5
record obtained by the person because he or she is or was 6
engaged in the administration of the other Act. 7
24 Offences relating to inspections under pt 3 8
(1) A person must not, without reasonable excuse, refuse or fail-- 9
(a) to attend before a person; or 10
(b) to give information; or 11
(c) to answer a question; 12
when required to do so under section 15. 13
Maximum penalty--20 penalty units or 6 months 14
imprisonment. 15
(2) A person must not-- 16
(a) without reasonable excuse, wilfully obstruct a person in 17
connection with the exercise of the principal inspector's 18
functions under part 3; or 19
(b) give an inspecting officer, in connection with an 20
inspection under part 3, information or a statement that 21
the person knows to be false or misleading in a material 22
particular. 23
Maximum penalty--20 penalty units or 6 months 24
imprisonment. 25
(3) A complaint for an offence against subsection (2)(b) may state 26
that information or a statement was `false or misleading', 27
without stating which. 28
25 Proceeding for offence 29
(1) A proceeding for an offence against this Act must be taken in 30
a summary way under the Justices Act 1886. 31
s 26 18 s 27
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
(2) A proceeding may be started within-- 1
(a) 1 year after the offence is committed; or 2
(b) 1 year after the offence comes to the complainant's 3
knowledge, but within 2 years after the offence is 4
committed. 5
26 Regulation-making power 6
The Governor in Council may make regulations under this 7
Act. 8
27 Attachment 9
(1) An attachment containing provisions of the Commonwealth 10
Act referred to in definitions in this Act is attached to this Act. 11
(2) The attachment is not part of this Act. 12
(3) The attachment must be revised so that it is an accurate copy 13
of the provisions as amended from time to time. 14
(4) The revision under subsection (3) must happen in the first 15
reprint of this Act after an amendment of a provision 16
contained in the attachment. 17
(5) The accompanying notes in the attachment may also be 18
revised. 19
19
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Schedule Dictionary 1
section 4 2
agency means-- 3
(a) the Australian Crime Commission; or 4
(b) the Australian Federal Police; or 5
(c) the Crime and Misconduct Commission; or 6
(d) the Queensland Police Service; or 7
(e) any of the following for which a declaration under the 8
Commonwealth Act, section 347 is in force-- 9
(i) the police force or service of another State; 10
(ii) an authority of the State or another State. 11
certifying officer, for an eligible authority, means-- 12
(a) for the Queensland Police Service-- 13
(i) the police commissioner; or 14
(ii) a person holding rank under the Police Service 15
Administration Act 1990 as deputy commissioner 16
of the police service; or 17
(b) for the Crime and Misconduct Commission--a 18
commissioner. 19
chief officer, of an eligible authority, means-- 20
(a) for the Queensland Police Service--the police 21
commissioner; or 22
(b) for the Crime and Misconduct Commission--the 23
chairperson of the commission. 24
Commonwealth Act means the Telecommunications 25
(Interception and Access) Act 1979. 26
7 Commonwealth Act, section 34 (Declaration of an eligible authority of a State as an
agency)
20
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Schedule (continued)
Commonwealth Minister means the Minister administering 1
the Commonwealth Act. 2
deputy public interest monitor means a deputy public interest 3
monitor under-- 4
(a) the Police Powers and Responsibilities Act 2000; or 5
(b) the Crime and Misconduct Act 2001. 6
eligible authority means-- 7
(a) the Crime and Misconduct Commission; or 8
(b) the Queensland Police Service. 9
inspecting officer means the public interest monitor or a 10
deputy public interest monitor. 11
lawfully intercepted information see the Commonwealth Act, 12
section 6E.8 13
notice means written notice. 14
obstruct includes the following-- 15
(a) hinder or resist; 16
(b) attempt to obstruct. 17
officer, of an eligible authority, means-- 18
(a) for the Crime and Misconduct Commission--a 19
commission officer or an employee of the commission; 20
or 21
(b) for the Queensland Police Service--a police officer. 22
part 2-5 warrant means a warrant issued or to be issued under 23
the Commonwealth Act, part 2-5.9 24
permitted purpose, for an eligible authority, see the 25
Commonwealth Act, section 5.10 26
8 See the attachment, item 1.
9 Commonwealth Act, part 2-5 (Warrants authorising agencies to intercept
telecommunications)
10 See the attachment, items 2 to 5.
21
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Schedule (continued)
police commissioner means the commissioner of the police 1
service under the Police Service Administration Act 1990. 2
possession includes the following-- 3
(a) custody; 4
(b) control. 5
premises includes the following-- 6
(a) land; 7
(b) a structure, building, aircraft, vehicle, vessel or place, 8
whether built or not; 9
(c) part of a structure, building, aircraft, vehicle, vessel or 10
place, whether built or not. 11
principal inspector means the public interest monitor. 12
public interest monitor means the public interest monitor 13
under-- 14
(a) the Police Powers and Responsibilities Act 2000; or 15
(b) the Crime and Misconduct Commission Act 2001. 16
restricted record see the Commonwealth Act, section 5.11 17
warrant means a warrant issued under the Commonwealth 18
Act. 19
11 See the attachment, item 6.
22
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment Extracts from the 1
Commonwealth Act 2
section 27 3
1 Commonwealth Act, section 6E-- 4
`6E Lawfully intercepted information 5
`(1) Subject to subsection (2), a reference in this Act to lawfully 6
intercepted information is a reference to information obtained 7
(whether before or after the commencement of this section) by 8
intercepting, otherwise than in contravention of subsection 9
7(1), a communication passing over a telecommunications 10
system. 11
`(2) A reference in this Act to lawfully intercepted information 12
that was originally obtained by an agency, or by an eligible 13
authority of a State, is a reference to: 14
(a) information obtained, whether before or after the 15
commencement of this section, by intercepting a 16
communication under a warrant issued to the agency or 17
authority; or 18
(b) information communicated to the agency or authority in 19
accordance with section 65A.'. 20
Notes-- 21
1 The reference to subsection 7(1) is a reference to the provision in 22
the Commonwealth Act that generally prohibits interception of 23
telecommunications. 24
2 Section 65A of the Commonwealth Act authorises an employee of a 25
carrier to communicate particular information to an officer of an 26
agency for a purpose or purposes connected with an investigation 27
by the agency of a serious offence. 28
2 Commonwealth Act, section 5 (Interpretation), definition 29
permitted purpose-- 30
`permitted purpose, in relation to an interception agency, an 31
eligible Commonwealth authority or an eligible authority of a 32
State, means a purpose connected with: 33
23
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(a) in any case: 1
(i) an investigation by the agency or eligible authority 2
of a prescribed offence; 3
(ii) the making by an authority, body or person of a 4
decision whether or not to begin a relevant 5
proceeding in relation to the agency or eligible 6
authority; 7
(iii) a relevant proceeding in relation to the agency or 8
eligible authority; 9
(iv) the exercise by the chief officer of the agency or 10
eligible authority of the powers conferred by 11
section 68; or 12
(v) the keeping of records by the agency under Part 13
2-7, or by the eligible authority under provisions of 14
a law of the State that impose on the chief officer 15
of the authority requirements corresponding to 16
those imposed on the chief officer of a 17
Commonwealth agency by sections 80 and 81; or 18
(aa) in the case of the ACC: 19
(i) an ACC operation/investigation; or 20
(ii) a report to the Board of the ACC on the outcome of 21
such an operation or investigation; 22
(b) in the case of the Australian Federal Police: 23
(i) an investigation of, or an inquiry into, alleged 24
misbehaviour, or alleged improper conduct, of an 25
officer of the Commonwealth, being an 26
investigation or inquiry under a law of the 27
Commonwealth or by a person in the person's 28
capacity as an officer of the Commonwealth; 29
(ii) a report on such an investigation or inquiry; 30
(iia) the making by a person of a decision under the 31
Australian Federal Police Act 1979 in relation to 32
the engagement of an AFP employee, the 33
retirement of an AFP employee or the termination 34
24
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
of the employment of an AFP employee or in 1
relation to the appointment or the termination of 2
the appointment of a special member of the 3
Australian Federal Police; 4
(iib) a review (whether by way of appeal or otherwise) 5
of such a decision; 6
(iii) the tendering to the Governor-General of advice to 7
terminate, because of misbehaviour or improper 8
conduct, the appointment of an officer of the 9
Commonwealth; or 10
(iv) deliberations of the Executive Council in 11
connection with advice to the Governor-General to 12
terminate, because of misbehaviour or improper 13
conduct, the appointment of an officer of the 14
Commonwealth; 15
(baa) in the case of the Australian Commission for Law 16
Enforcement Integrity: 17
(i) a corruption investigation (within the meaning of 18
the Law Enforcement Integrity Commissioner Act 19
2006); or 20
(ii) a report on such an investigation; or 21
(ba) in the case of an eligible Commonwealth authority: 22
(i) an investigation that the Commonwealth Royal 23
Commission concerned is conducting in the course 24
of the inquiry it is commissioned to undertake; or 25
(ii) a report on such an investigation; 26
(c) in the case of the Police Force of a State: 27
(i) an investigation of, or an inquiry into, alleged 28
misbehaviour, or alleged improper conduct, of an 29
officer of that State, being an investigation or 30
inquiry under a law of that State or by a person in 31
the person's capacity as an officer of that State; 32
(ii) a report on such an investigation or inquiry; 33
25
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(iia) the making by a person of a decision in relation to 1
the appointment, re-appointment, term of 2
appointment, retirement or termination of 3
appointment of an officer or member of staff of 4
that Police Force; 5
(iib) a review (whether by way of appeal or otherwise) 6
of such a decision; 7
(iii) the tendering to the Governor of that State of 8
advice to terminate, because of misbehaviour or 9
improper conduct, the appointment of an officer of 10
that State; or 11
(iv) deliberations of the Executive Council of that State 12
in connection with advice to the Governor of that 13
State to terminate, because of misbehaviour or 14
improper conduct, the appointment of an officer of 15
that State; or 16
(d) in the case of an eligible authority of a State: 17
(i) an inspection of the authority's records that is 18
made under a requirement of the law of that State, 19
being a requirement of the kind referred to in 20
paragraph 35(1)(h); or 21
(ii) a report on such an inspection; or 22
(da) in the case of the Independent Commission Against 23
Corruption: 24
(i) an investigation under the Independent 25
Commission Against Corruption Act into whether 26
corrupt conduct (within the meaning of that Act) 27
may have occurred, may be occurring or may be 28
about to occur; or 29
(ii) a report on such an investigation; or 30
(db) in the case of the Inspector of the Independent 31
Commission Against Corruption: 32
(i) dealing with (by reports and recommendations) 33
complaints of abuse of power, impropriety or other 34
26
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
forms of misconduct (within the meaning of the 1
Independent Commission Against Corruption Act) 2
on the part of the Independent Commission 3
Against Corruption or officers of that Commission; 4
or 5
(ii) dealing with (by reports and recommendations) 6
conduct amounting to maladministration (within 7
the meaning of the Independent Commission 8
Against Corruption Act) by the Independent 9
Commission Against Corruption or officers of that 10
Commission; or 11
(dc) in the case of the Inspector of the Police Integrity 12
Commission--dealing with (by reports and 13
recommendations) complaints of abuse of power, 14
impropriety or other forms of misconduct (within the 15
meaning of the Police Integrity Commission Act) on the 16
part of the Police Integrity Commission or officers of 17
that Commission; or 18
(e) in the case of the Police Integrity Commission: 19
(i) an investigation under the Police Integrity 20
Commission Act of police misconduct of an officer 21
of the New South Wales Police Service; or 22
(ii) a report on such an investigation; or 23
(iii) the tendering to the Governor of New South Wales 24
of advice to terminate, because of misbehaviour or 25
improper conduct, the appointment of the 26
Commissioner of the New South Wales Police 27
Service; or 28
(iv) deliberations of the Executive Council of New 29
South Wales in connection with advice to the 30
Governor of that State to terminate, because of 31
misbehaviour or improper conduct, the 32
appointment of the Commissioner of the New 33
South Wales Police Service; or 34
(f) in the case of the Office of Police Integrity: 35
27
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(i) an investigation by the Director, Police Integrity 1
under the Police Regulation Act into the conduct of 2
a member of the force (within the meaning of that 3
Act); or 4
(ii) an investigation by the Director, Police Integrity 5
under the Police Regulation Act or the 6
Whistleblowers Protection Act into serious 7
misconduct (within the meaning of the Police 8
Regulation Act); or 9
(iii) a report on an investigation covered by 10
subparagraph (i) or (ii); or 11
(g) in the case of the Corruption and Crime Commission: 12
(i) an investigation under the Corruption and Crime 13
Commission Act into whether misconduct (within 14
the meaning of that Act) has or may have occurred, 15
is or may be occurring, is or may be about to occur, 16
or is likely to occur; or 17
(ii) a report of such an investigation; or 18
(ga) in the case of the Crime and Misconduct Commission: 19
(i) an investigation under the Crime and Misconduct 20
Act into whether misconduct (within the meaning 21
of that Act) may have occurred, may be occurring, 22
or may be about to occur; or 23
(ii) a report on such an investigation; or 24
(h) in the case of the Parliamentary Inspector of the 25
Corruption and Crime Commission--dealing with a 26
matter of misconduct (within the meaning of the 27
Corruption and Crime Commission Act) on the part of 28
the Corruption and Crime Commission, an officer of the 29
Corruption and Crime Commission or an officer of the 30
Parliamentary Inspector of the Corruption and Crime 31
Commission.'. 32
Notes-- 33
1 A prescribed offence is an offence defined under the provisions of 34
the Commonwealth Act set out in items 3 to 6. 35
28
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
2 Section 68 of the Commonwealth Act authorises the chief officer of 1
an agency to provide information to other agencies. 2
3 The reference to subsections 80(2), 81(2) and 81(3) is a reference to 3
the provisions of the Commonwealth Act that correspond to 4
sections 5 and 6 of the Queensland Act. 5
4 The reference to paragraph 35(1)(h) is a reference to a provision of 6
the Commonwealth Act that requires, for a declaration that an 7
agency of the State is an eligible authority for the purposes of the 8
Commonwealth Act, regular inspections under laws of the State of 9
the type prescribed by part 3 of the Queensland Act. 10
3 Commonwealth Act, section 5 (Interpretation), definition 11
prescribed offence-- 12
`prescribed offence means: 13
(a) a serious offence, or an offence that was a serious 14
offence when the offence was committed; 15
(b) an offence against subsection 7(1) or section 63; 16
(ba) an offence against subsection 108(1) or section 133; or 17
(c) an offence against a provision of Part 10.6 of the 18
Criminal Code; 19
(d) any other offence punishable by imprisonment for life or 20
for a period, or maximum period, of at least 3 years; or 21
(e) an ancillary offence relating to an offence of a kind 22
referred to in paragraph (a), (b), (c) or (d) of this 23
definition.'. 24
Notes-- 25
1 The reference to subsection 7(1) is a reference to the provision of 26
the Commonwealth Act that generally prohibits interception of 27
telecommunications. 28
2 Section 63 of the Commonwealth Act prohibits disclosure of 29
information obtained under the Act. 30
29
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
4 Commonwealth Act, section 5D-- 1
`5D Serious offences 2
`General types of serious offences 3
`(1) An offence is a serious offence if it is: 4
(a) a murder, or an offence of a kind equivalent to murder; 5
or 6
(b) a kidnapping, or an offence of a kind equivalent to 7
kidnapping; or 8
(c) an offence against Division 307 of the Criminal Code; 9
or 10
(d) an offence constituted by conduct involving an act or 11
acts of terrorism; or 12
(e) an offence against Division 72, 101, 102 or 103 of the 13
Criminal Code; or 14
(e) except for the purposes of an application for a warrant 15
by an agency other than the ACC, an offence in relation 16
to which the ACC is conducting a special investigation. 17
`(2) An offence is a serious offence if: 18
(a) it is an offence punishable by imprisonment for life or 19
for a period, or maximum period, of at least 7 years; and 20
(b) the particular conduct constituting the offence involved, 21
involves or would involve, as the case requires: 22
(i) loss of a person's life or serious risk of loss of a 23
person's life; or 24
(ii) serious personal injury or serious risk of serious 25
personal injury; or 26
(iii) serious damage to property in circumstances 27
endangering the safety of a person; or 28
(iiia) serious arson; or 29
(iv) trafficking in prescribed substances; or 30
(v) serious fraud; or 31
30
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(vi) serious loss to the revenue of the Commonwealth, 1
a State or the Australian Capital Territory; or 2
(vii) bribery or corruption of, or by: 3
(A) an officer of the Commonwealth; or 4
(B) an officer of a State; or 5
(C) an officer of a Territory; or 6
(viii) the production, publication, possession, supply or 7
sale of, or other dealing in, child pornography; or 8
(ix) consenting to or procuring the employment of a 9
child, or employing a child, in connection with 10
child pornography. 11
`Telecommunications offences 12
`(2A) Without limiting subsection (2), an offence is also a serious 13
offence if it is an offence against section 474.19, 474.20, 14
474.22, 474.23, 474.26 or 474.27 of the Criminal Code. 15
`Offences involving planning and organisation 16
`(3) An offence is also a serious offence if it is an offence 17
punishable by imprisonment for life or for a period, or 18
maximum period, of at least 7 years, where the offence: 19
(a) involves 2 or more offenders and substantial planning 20
and organisation; and 21
(b) involves, or is of a kind that ordinarily involves, the use 22
of sophisticated methods and techniques; and 23
(c) is committed, or is of a kind that is ordinarily 24
committed, in conjunction with other offences of a like 25
kind; and 26
(d) consists of, or involves, any of the following: 27
(i) theft; 28
(ii) handling of stolen goods; 29
(iii) tax evasion; 30
(iv) currency violations; 31
31
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(v) extortion; 1
(vi) bribery or corruption of, or by: 2
(A) an officer of the Commonwealth; or 3
(B) an officer of a State; or 4
(C) an officer of a Territory; 5
(vii) bankruptcy violations; 6
(viii) company violations; 7
(ix) harbouring criminals; 8
(x) dealings in firearms or armaments; 9
(xi) a sexual offence against a person who is under 16 10
(including an offence against Part IIIA of the 11
Crimes Act 1914); 12
(xii) an immigration offence. 13
`Offences relating to people smuggling with exploitation, 14
slavery, sexual servitude, and deceptive recruiting 15
`(3A) An offence is also a serious offence if it is an offence against: 16
(a) section 73.1, 73.2, 73.3, 73.8, 73.9, 73.10 or 73.11; or 17
(b) section 270.3, 270.6, 270.7 or 270.8; or 18
(c) section 271.2, 271.3, 271.4, 271.5, 271.6 or 271.7 19
of the Criminal Code. 20
`Money laundering offences etc. 21
`(4) An offence is also a serious offence if it is an offence against 22
any of the following provisions: 23
(a) Part 10.2 of the Criminal Code (other than section 24
400.9); 25
(aa) section 135.3 of the Criminal Code; 26
(b) Division 1A of Part IV of the Crimes Act 1900 of New 27
South Wales; 28
(c) section 122 of the Confiscation Act 1997 of Victoria; 29
32
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(d) section 64 of the Crimes (Confiscation of Profits) Act 1
1989 of Queensland; 2
(e) section 563A of The Criminal Code of Western 3
Australia; 4
(f) section 10b of the Crimes (Confiscation of Profits) Act 5
1986 of South Australia; 6
(g) section 67 of the Crime (Confiscation of Profits) Act 7
1993 of Tasmania; 8
(h) section 74 of the Proceeds of Crime Act 1991 of the 9
Australian Capital Territory. 10
`Cybercrime offences etc. 11
`(5) An offence is also a serious offence if it is an offence against 12
any of the following provisions: 13
(a) Part 10.7 of the Criminal Code; 14
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I 15
of the Crimes Act 1900 of New South Wales; 16
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H 17
of the Crimes Act 1958 of Victoria; 18
(d) a provision of a law of a State (other than New South 19
Wales or Victoria) that corresponds to a provision 20
covered by paragraph (a), (b) or (c); 21
(e) a provision of a law of a Territory that corresponds to a 22
provision covered by paragraph (a), (b) or (c); 23
(f) section 440A of The Criminal Code of Western 24
Australia. 25
`Serious drug offences 26
`(5A) An offence is also a serious offence if it is an offence against 27
Part 9.1 of the Criminal Code (other than section 308.1 or 28
308.2). 29
`Offences connected with other serious offences 30
`(6) An offence is also a serious offence if it is an offence 31
constituted by: 32
33
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(a) aiding, abetting, counselling or procuring the 1
commission of; or 2
(b) being, by act or omission, in any way, directly or 3
indirectly, knowingly concerned in, or party to, the 4
commission of; or 5
(c) conspiring to commit; 6
an offence that is a serious offence under any of the preceding 7
subsections. 8
`(7) an offence is also a serious offence if it is an offence 9
constituted by receiving or assisting a person who is, to the 10
offender's knowledge, guilty of a serious offence mentioned 11
in subsection (1) in order to enable the person to escape 12
punishment or to dispose of the proceeds of the offence. 13
`(8) An offence is also a serious offence if it is an offence against 14
any of the following provisions: 15
(a) section 131.1, 135.1, 142.1 or 142.2, subsection 16
148.2(3), or section 268.112 of the Criminal Code; 17
(b) section 35, 36, 36A, 37, 39, 41, 42, 43, 46 or 47 of the 18
Crimes Act 1914.'. 19
5 Commonwealth Act, section 6L-- 20
`6L Relevant proceeding 21
`(1) A reference in this Act, in relation to an agency, or an eligible 22
authority of a State, to a relevant proceeding is, in the case of 23
the Australian Federal Police or a Police Force of a State, a 24
reference to: 25
(a) a proceeding by way of a prosecution for a prescribed 26
offence that is an offence against a law of the 27
Commonwealth, or of that State, as the case may be; 28
(b) a proceeding under a law of the Commonwealth, or of 29
that State, as the case may be, for the confiscation or 30
forfeiture of property, or for the imposition of a 31
pecuniary penalty, in connection with the commission of 32
a prescribed offence; 33
34
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
(c) a proceeding for the taking of evidence as mentioned in 1
paragraph 5B(1)(c), in so far as the proceeding relates 2
to: 3
(i) a prescribed offence; or 4
(ii) a prescribed offence that is an offence against a law 5
of that State; 6
as the case may be; 7
(d) a proceeding for the extradition of a person as 8
mentioned in paragraph 5B(1)(d), in so far as the 9
proceeding relates to a prescribed offence that is an 10
offence against a law of the Commonwealth, or of that 11
State, as the case may be; 12
(e) a police disciplinary proceeding that is a proceeding 13
against a member of the Australian Federal Police, or of 14
that Police Force, as the case may be; or 15
(ea) in the case of the Australian Federal Police: 16
(i) a proceeding against an AFP employee in so far as 17
the proceeding relates to a decision by the 18
Commissioner of Police to terminate the 19
employment of the employee; or 20
(ii) a proceeding against a special member of the 21
Australian Federal Police in so far as the 22
proceeding relates to a decision by the 23
Commissioner of Police to terminate the 24
appointment of the member; or 25
(eb) in the case of a Police Force of a State--a proceeding 26
against an officer or member of staff of that Police Force 27
in so far as the proceeding relates to a decision by the 28
Commissioner of that Police Force to terminate the 29
appointment of the officer or member of staff; or 30
(f) any other proceeding (not being a proceeding by way of 31
a prosecution for an offence) in so far as it relates to 32
alleged misbehaviour, or alleged improper conduct, of 33
an officer of the Commonwealth, or of that State, as the 34
case may be. 35
35
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
`(2) A reference in this Act, in relation to an agency, or an eligible 1
authority of a State, to a relevant proceeding is: 2
(a) in the case of the Australian Commission for Law 3
Enforcement Integrity or the ACC--a reference to: 4
(i) a proceeding by way of a prosecution for a 5
prescribed offence to which a prescribed 6
investigation relates or related; or 7
(ii) a proceeding under a law of the Commonwealth or 8
a State for the confiscation or forfeiture of 9
property, or for the imposition of a pecuniary 10
penalty, in connection with the commission of a 11
prescribed offence to which a prescribed 12
investigation relates or related; or 13
(b) in the case of the Crime Commission, the Independent 14
Commission Against Corruption, the Inspector of the 15
Independent Commission Against Corruption, the 16
Police Integrity Commission or the Inspector of the 17
Police Integrity Commission--a reference to a 18
proceeding by way of a prosecution for a prescribed 19
offence: 20
(i) that is an offence against the law of New South 21
Wales; and 22
(ii) to which a prescribed investigation relates or 23
related; or 24
(ba) in the case of the Office of Police Integrity--a reference 25
to a proceeding by way of prosecution for a prescribed 26
offence: 27
(i) that is an offence against the law of Victoria; and 28
(ii) to which a prescribed investigation relates or 29
related; or 30
(c) in the case of the Crime and Misconduct 31
Commission--a reference to: 32
(i) a proceeding by way of a prosecution for a 33
prescribed offence that is an offence against the 34
36
Terrorism, Organised Crime and Anti-Corruption
Surveillance Bill 2007
Attachment (continued)
law of Queensland and to which a prescribed 1
investigation relates or related; or 2
(ii) a proceeding under a law of Queensland for the 3
confiscation or forfeiture of property, or for the 4
imposition of a pecuniary penalty, in connection 5
with the commission of a prescribed offence; or 6
(d) in the case of the Corruption and Crime Commission or 7
the Parliamentary Inspector of the Corruption and Crime 8
Commission--a reference to a proceeding by way of a 9
prosecution for a prescribed offence: 10
(i) that is an offence against the law of Western 11
Australia; and 12
(ii) to which a prescribed investigation relates or 13
related.'. 14
Note-- 15
The references to proceedings mentioned in paragraphs 5B(1)(c) and (d) 16
are references to extradition proceedings. 17
6 Commonwealth Act, section 5 (Interpretation), definition 18
restricted record-- 19
`restricted record means a record other than a copy, that was 20
obtained by means of an interception, whether or not in 21
contravention of subsection 7(1), of a communication passing 22
over a telecommunications system.'. 23
Note-- 24
The reference to subsection 7(1) is a reference to the provision of the 25
Commonwealth Act that generally prohibits interception of 26
telecommunications. 27
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