TELECOMMUNICATIONS (INTERCEPTION) (STATE PROVISIONS) ACT 1988 No. 46 of 1988 Version incorporating amendments as at 7 May 2009 Telecommunications (Interception) (State Provisions) Act 1988 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 4. Repealed PART 2-FUNCTIONS OF THE POLICE FORCE 5. Documents connected with issue of warrants to be kept 6. Other records to be kept in connection with interceptions 7. Documents to be given to the Minister 8. Documents to be given by State Minister to Commonwealth Minister 9. Keeping and destruction of restricted records PART 2A-FUNCTIONS OF THE OFFICE OF POLICE INTEGRITY 9A. Documents connected with issue of warrants to be kept 9B. Other records to be kept in connection with interceptions 9C. Documents to be given to the Minister 9D. Documents to be given by State Minister to Commonwealth Minister 9E. Keeping and destruction of restricted records PART 3-FUNCTIONS OF THE SPECIAL INVESTIGATIONS MONITOR Division 1-Introduction 10. Functions-generally Division 2-Inspection of records of Police Force 11. Regular inspections of records of Police Force 12. Reports 13. Special Investigations Monitor may report on breaches Division 3-Inspection of records of Office of Police Integrity 14. Regular inspections of records of Office of Police Integrity 15. Reports 16. Special Investigations Monitor may report on breaches Division 4-General functions and powers 17. Definitions 18. Special Investigations Monitor's general powers 19. Power to obtain relevant information 20. Special Investigations Monitor to be given information and access despite other laws 20A. Dealing with information for the purposes of inspection and report 20B. Special Investigations Monitor not to be sued 20C. Delegation by Special Investigations Monitor PART 4-MISCELLANEOUS 21. Copies of reports for Commonwealth Minister 22. Disclosure by persons under the Minister's administration 23. Offences relating to inspections under Part 3. 24. Regulations --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Telecommunications (Interception) (State Provisions) Act 1988 - PART 1 PART 1 PRELIMINARY Telecommunications (Interception) (State Provisions) Act 1988 - SECT 1 Purpose 1. Purpose The purpose of this Act is to enable the Police Force of Victoria and the Office of Police Integrity to intercept telecommunications in accordance with the Telecommunications (Interception) Act 1979 of the Commonwealth. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 2 Commencement 2. Commencement This Act comes into operation on a day to be proclaimed. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 3 Definitions 3. Definitions (1) In this Act- agency means- (a) the Australian Federal Police; or (b) the Australian Crime Commission; or (c) the Police Force of Victoria; or (d) the Police Force of another State or a Territory of the Commonwealth in relation to which a declaration under section 34 of the Commonwealth Act is in force; (e) the Office of Police Integrity; * * * * * communication includes conversation and a message, and any part of a conversation or message, whether- (a) in the form of- (i) speech, music or other sounds; or (ii) data; or (iii) text; or (iv) visual images, whether or not animated; or (v) signals; or (b) in any other form or in any combination of forms; Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008; inspecting officer means the Special Investigations Monitor or an employee in the office of the Special Investigations Monitor; in the possession of, in relation to a document, record or copy, includes in the custody of or under the control of; member of staff of the Office of Police Integrity has the same meaning as it has in the Police Integrity Act 2008; Minister means the Minister administering the Police Regulation Act 1958; Office of Police Integrity means the Office of Police Integrity within the meaning of the Police Integrity Act 2008; Part VI warrant means a warrant issued or to be issued under Part VI of the Commonwealth Act; permitted purpose means- (a) in relation to the Police Force- (i) an investigation by the Police Force of a prescribed offence within the meaning of the Commonwealth Act; or (ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Police Force; or (iii) a relevant proceeding in relation to the Police Force; or (iv) the exercise by the Chief Commissioner of Police of the powers conferred by section 68 of the Commonwealth Act; or (v) the keeping of records by the Police Force under sections 5, 6 and 9; or (vi) an inspection of the records of the Police Force made under section 11; or (vii) a report on such an inspection; or (viii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of Victoria, being an investigation or inquiry under a law of this State or by a person in the person's capacity as an officer of this State; or (ix) a report on such an investigation or inquiry; or (x) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of the Police Force; or (xi) a review (whether by way of appeal or otherwise) of a decision referred to in subparagraph (x); or (xii) the tendering to the Governor in Council of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; or (xiii) deliberations of the Governor in Council in connection with advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; (b) in relation to the Office of Police Integrity- (i) an investigation by the Director under the Police Integrity Act 2008 into the conduct of a member of the force; or (ii) an investigation by the Director under the Police Integrity Act 2008 or under the Whistleblowers Protection Act 2001 into serious misconduct; or (iii) a report on an investigation under subparagraph (i) or (ii); or (iv) an investigation by the Office of Police Integrity of a prescribed offence within the meaning of the Commonwealth Act; or (v) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Office of Police Integrity; or (vi) a relevant proceeding in relation to the Office of Police Integrity; or (vii) the exercise by the Director of the powers conferred by section 68 of the Commonwealth Act; or (viii) the keeping of records by the Office of Police Integrity under sections 9A, 9B and 9E; or (ix) an inspection of the records of the Office of Police Integrity made under section 14; or (x) a report on such an inspection; premises includes- (a) any land; and (b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and (c) any part of such a structure, building, aircraft, vehicle, vessel or place; record means- (a) in relation to information-a record or copy, whether in writing or otherwise, of the whole or a part of the information; or (b) in relation to an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication- (i) a record or copy, whether in writing or otherwise, of the whole or a part of the communication, being a record or copy made by means of the interception; or (ii) a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception; * * * * * restricted record means a record obtained by an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication passing over a telecommunications system; Special Investigations Monitor means the Special Investigations Monitor appointed under the Major Crime (Special Investigations Monitor) Act 2004; the Commonwealth Act means the Telecommunications (Interception) Act 1979 of the Commonwealth as amended and in force for the time being; the Police Force means the Police Force of Victoria; warrant means a warrant issued under the Commonwealth Act. (2) Expressions used in this Act which are not elsewhere defined in this section, have the same meanings as in the Commonwealth Act. (3) In this Act- (a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. * * * * * _____________ Telecommunications (Interception) (State Provisions) Act 1988 - PART 2 PART 2 FUNCTIONS OF THE POLICE FORCE Telecommunications (Interception) (State Provisions) Act 1988 - SECT 5 Documents connected with issue of warrants to be kept 5. Documents connected with issue of warrants to be kept The Chief Commissioner of Police must cause to be kept in the records of the Police Force- (a) a copy of each warrant issued to the Police Force, certified in writing by a certifying officer to be a true copy of the warrant; and (b) a copy of each notification under section 53(1)(b) of the Commonwealth Act of the issue of such a warrant; and (c) a copy of each instrument revoking such a warrant, certified in writing by a certifying officer to be a true copy of the instrument; and (d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and (e) a copy of each authorisation by the Chief Commissioner of Police under section 66(2) of the Commonwealth Act; and (f) particulars of any telephone application for a Part VI warrant made by the Police Force. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 6 Other records to be kept in connection with interceptions 6. Other records to be kept in connection with interceptions (1) The Chief Commissioner of Police must cause- (a) in relation to each application by the Police Force for a Part VI warrant, a statement as to whether- (i) the application was withdrawn or refused; or (ii) a warrant was issued on the application; and (ab) in relation to each Part VI warrant whose authority is exercised by the Police Force, particulars of- (i) the warrant; and (ii) the day on which, and the time at which, each interception under the warrant began; and (iii) the duration of each such interception; and (iv) the name of the person who carried out each such interception; and (v) in relation to a named person warrant-each service to or from which communications have been intercepted under the warrant; and (b) in relation to each restricted record that has at any time been in the possession of the Police Force, particulars of- (i) if the restricted record is a record obtained by an interception under a warrant issued to the Police Force-that warrant; and (ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Police Force; and (iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Police Force; and (iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Police Force received or supplied the restricted record; and (c) particulars of each use made by the Police Force of lawfully obtained information; and (d) particulars of each communication of lawfully obtained information by an officer of the Police Force to a person or body other than such an officer; and (e) particulars of each occasion when, to the knowledge of an officer of the Police Force, lawfully obtained information was given in evidence in a relevant proceeding in relation to the Police Force- to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be. (2) The Chief Commissioner of Police must cause to be kept in the records of the Police Force each record that the Chief Commissioner has caused to be made under this section. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 7 Documents to be given to the Minister 7. Documents to be given to the Minister (1) The Chief Commissioner of Police must give to the Minister- (a) a copy of each warrant issued to the Police Force, and of each instrument under section 52 or 57 of the Commonwealth Act revoking such a warrant, as soon as practicable after the issue or revocation of the warrant; and (b) within 3 months after a warrant issued to the Police Force ceases to be in force, a written report about- (i) the use made by the Police Force of information obtained by interceptions under the warrant; and (ii) the communication of that information to persons other than officers of the Police Force; and (c) as soon as practicable, and in any event within 2 months, after each 30 June, a written report that sets out such information as- (i) Division 2 of Part IX of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and (ii) can be derived from the records of the Police Force. (2) The Chief Commissioner of Police must give to the Attorney-General- (a) a copy of each warrant, and of each instrument, referred to in subsection (1)(a), within 28 days after the warrant ceases to be in force; and (b) a copy of each report referred to in subsection (1)(c). Telecommunications (Interception) (State Provisions) Act 1988 - SECT 8 Documents to be given by State Minister to Commonwealth Minister 8. Documents to be given by State Minister to Commonwealth Minister The Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after- (a) a copy of a warrant issued to the Police Force; or (b) a copy of an instrument revoking such a warrant; or (c) a report of a kind referred to in section 7(1)(b) or (c)- is given to the Minister, a copy of the warrant, instrument or report, as the case may be. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9 Keeping and destruction of restricted records 9. Keeping and destruction of restricted records (1) The Chief Commissioner of Police must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Police Force to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it. (2) The Chief Commissioner of Police must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Police Force, other than a purpose connected with an inspection of the kind referred to in section 11 or with a report on such an inspection. __________________ Telecommunications (Interception) (State Provisions) Act 1988 - PART 2A PART 2A FUNCTIONS OF THE OFFICE OF POLICE INTEGRITY Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9A Documents connected with issue of warrants to be kept 9A. Documents connected with issue of warrants to be kept The Director must cause to be kept in the records of the Office of Police Integrity- (a) a copy of each warrant issued to the Office of Police Integrity, certified in writing by a certifying officer to be a true copy of the warrant; and (b) a copy of each notification under section 53(1)(b) of the Commonwealth Act of the issue of such a warrant; and (c) a copy of each instrument revoking such a warrant, certified in writing by a certifying officer to be a true copy of the instrument; and (d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and (e) a copy of each authorisation by the Director under section 66(2) of the Commonwealth Act; and (f) particulars of any telephone application for a Part VI warrant made by the Office of Police Integrity. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9B Other records to be kept in connection with interceptions 9B. Other records to be kept in connection with interceptions (1) The Director must cause- (a) in relation to each application by the Office of Police Integrity for a Part VI warrant, a statement as to whether- (i) the application was withdrawn or refused; or (ii) a warrant was issued on the application; and (b) in relation to each Part VI warrant whose authority is exercised by the Office of Police Integrity, particulars of- (i) the warrant; and (ii) the day on which, and the time at which, each interception under the warrant began; and (iii) the duration of each such interception; and (iv) the name of the person who carried out each such interception; and (v) in relation to a named person warrant-each service to or from which communications have been intercepted under the warrant; and (c) in relation to each restricted record that has at any time been in the possession of the Office of Police Integrity, particulars of- (i) if the restricted record is a record obtained by an interception under a warrant issued to the Office of Police Integrity-that warrant; and (ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Office of Police Integrity; and (iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Office of Police Integrity; and (iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Office of Police Integrity received or supplied the restricted record; and (d) particulars of each use made by the Office of Police Integrity of lawfully obtained information; and (e) particulars of each communication of lawfully obtained information by a member of staff of the Office of Police Integrity to a person or body other than such a member of staff; and (f) particulars of each occasion when, to the knowledge of a member of staff of the Office of Police Integrity, lawfully obtained information was given in evidence in a relevant proceeding in relation to the Office of Police Integrity- to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be. (2) The Director must cause to be kept in the records of the Office of Police Integrity each record that the Director has caused to be made under this section. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9C Documents to be given to the Minister 9C. Documents to be given to the Minister (1) The Director must give to the Minister- (a) a copy of each warrant issued to the Office of Police Integrity, and of each instrument under section 52 or 57 of the Commonwealth Act revoking such a warrant, as soon as practicable after the issue or revocation of the warrant; and (b) within 3 months after a warrant issued to the Office of Police Integrity ceases to be in force, a written report about- (i) the use made by the Office of Police Integrity of information obtained by interceptions under the warrant; and (ii) the communication of that information to persons other than members of staff of the Office of Police Integrity; and (c) as soon as practicable, and in any event within 2 months, after each 30 June, a written report that sets out such information as- (i) Division 2 of Part IX of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and (ii) can be derived from the records of the Office of Police Integrity. (2) The Director must give to the Attorney-General- (a) a copy of each warrant, and of each instrument, referred to in subsection (1)(a), within 28 days after the warrant ceases to be in force; and (b) a copy of each report referred to in subsection (1)(c). Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9D Documents to be given by State Minister to Commonwealth Minister 9D. Documents to be given by State Minister to Commonwealth Minister The Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after- (a) a copy of a warrant issued to the Office of Police Integrity; or (b) a copy of an instrument revoking such a warrant; or (c) a report of a kind referred to in section 9C(1)(b) or (c)- is given to the Minister, a copy of the warrant, instrument or report, as the case may be. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 9E Keeping and destruction of restricted records 9E. Keeping and destruction of restricted records (1) The Director must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Office of Police Integrity to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it. (2) The Director must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Office of Police Integrity, other than a purpose connected with an inspection of the kind referred to in section 14 or with a report on such an inspection. _______________ Telecommunications (Interception) (State Provisions) Act 1988 - PART 3 PART 3 FUNCTIONS OF THE SPECIAL INVESTIGATIONS MONITOR Division 1-Introduction Telecommunications (Interception) (State Provisions) Act 1988 - SECT 10 Functions-generally 10. Functions-generally The Special Investigations Monitor may- (a) inspect records of the Police Force in order to ascertain the extent of compliance by officers of the Police Force with Part 2; and (b) inspect records of the Office of Police Integrity in order to ascertain the extent of compliance by members of staff of the Office of Police Integrity with Part 2A; and (c) report to the Minister about the results of those inspections; and (d) do anything incidental or conducive to the performance of any of the preceding functions. Division 2-Inspection of records of Police Force Telecommunications (Interception) (State Provisions) Act 1988 - SECT 11 Regular inspections of records of Police Force 11. Regular inspections of records of Police Force (1) The Special Investigations Monitor must inspect the records of the Police Force- (a) at least once during the period beginning on the commencement day and ending on the following 30 June; and (b) at least twice during each financial year beginning after the 30 June referred to in paragraph (a)- in order to ascertain the extent to which the officers of the Police Force have complied with Part 2 since the commencement day, or since the last inspection under this Division of the records of the Police Force, as the case requires. (2) The Special Investigations Monitor may at any time inspect records of the Police Force in order to ascertain the extent to which officers of the Police Force have complied during any period with Part 2. (3) In this section- commencement day means the day on which section 25 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 comes into operation. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 12 Reports 12. Reports (1) The Special Investigations Monitor must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing, about the results of the inspections under section 11(1), during that financial year, of records of the Police Force. (2) The Special Investigations Monitor may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General. (3) The Special Investigations Monitor must give a copy of a report under subsection (1) or (2) to the Chief Commissioner of Police and to the Attorney-General. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 13 Special Investigations Monitor may report on breaches 13. Special Investigations Monitor may report on breaches If, as a result of an inspection under this Division of the records of the Police Force, the Special Investigations Monitor is of the opinion that an officer of the Police Force has contravened- (a) a provision of the Commonwealth Act; or (b) a requirement referred to in section 7(1)(a) or (b)- the Special Investigations Monitor may include in his or her report on the inspection a report on the contravention. Division 3-Inspection of records of Office of Police Integrity Telecommunications (Interception) (State Provisions) Act 1988 - SECT 14 Regular inspections of records of Office of Police Integrity 14. Regular inspections of records of Office of Police Integrity (1) The Special Investigations Monitor must inspect the records of the Office of Police Integrity- (a) at least once during the period beginning on the commencement day and ending on the following 30 June; and (b) at least twice during each financial year beginning after the 30 June referred to in paragraph (a)- in order to ascertain the extent to which the members of staff of the Office of Police Integrity have complied with Part 2A since the commencement day, or since the last inspection under this Division of the records of the Office of Police Integrity, as the case requires. (2) The Special Investigations Monitor may at any time inspect records of the Office of Police Integrity in order to ascertain the extent to which members of staff of the Office of Police Integrity have complied during any period with Part 2A. (3) In this section- commencement day means the day on which section 25 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 comes into operation. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 15 Reports 15. Reports (1) The Special Investigations Monitor must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing, about the results of the inspections under section 14(1), during that financial year, of records of the Office of Police Integrity. (2) The Special Investigations Monitor may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General. (3) The Special Investigations Monitor must give a copy of a report under subsection (1) or (2) to the Director and to the Attorney-General. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 16 Special Investigations Monitor may report on breaches 16. Special Investigations Monitor may report on breaches If, as a result of an inspection under this Division of the records of the Office of Police Integrity, the Special Investigations Monitor is of the opinion that a member of staff of the Office of Police Integrity has contravened- (a) a provision of the Commonwealth Act; or (b) a requirement referred to in section 9C(1)(a) or (b)- the Special Investigations Monitor may include in his or her report on the inspection a report on the contravention. Division 4-General functions and powers Telecommunications (Interception) (State Provisions) Act 1988 - SECT 17 Definitions 17. Definitions In this Division- relevant agency means- (a) the Police Force, in relation to an inspection of the records of the Police Force; (b) the Office of Police Integrity, in relation to an inspection of the records of the Office of Police Integrity; relevant agency head means- (a) the Chief Commissioner of Police, in relation to an inspection of the records of the Police Force; (b) the Director, in relation to an inspection of the records of the Office of Police Integrity; relevant person means- (a) an officer of the Police Force, in relation to an inspection of the records of the Police Force; (b) a member of staff of the Office of Police Integrity, in relation to an inspection of the records of the Office of Police Integrity. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 18 Special Investigations Monitor's general powers 18. Special Investigations Monitor's general powers (1) For the purposes of an inspection under this Part, the Special Investigations Monitor- (a) may, after notifying the relevant agency head, enter at any reasonable time premises occupied by the relevant agency; and (b) is entitled to have full and free access at all reasonable times to all records of the relevant agency; and (c) despite any other law, is entitled to make copies of, and to take extracts from, records of the relevant agency; and (d) may require a relevant person to give the Special Investigations Monitor any information the Special Investigations Monitor considers necessary, being information that is in the relevant person's possession, or to which the relevant person has access, and that is relevant to the inspection. (2) The relevant agency head must ensure that relevant persons provide to the Special Investigations Monitor any assistance in connection with the exercise of the Special Investigations Monitor's functions under this Part in relation to the relevant agency that the Special Investigations Monitor reasonably requires. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 19 Power to obtain relevant information 19. Power to obtain relevant information (1) If the Special Investigations Monitor has reason to believe that a relevant person is able to give information relevant to an inspection under this Part, subsections (2) and (3) have effect. (2) The Special Investigations Monitor may, by writing given to the relevant person, require him or her to give the information to the Special Investigations Monitor- (a) by writing signed by the relevant person; and (b) at a specified place and within a specified period. (3) The Special Investigations Monitor may, by writing given to the relevant person, require him or her to attend- (a) before a specified inspecting officer; and (b) at a specified place; and (c) within a specified period or at a specified time on a specified day- in order to answer questions relevant to the inspection. (4) If the Special Investigations Monitor- (a) has reason to believe that a relevant person is able to give information relevant to an inspection under this Part; and (b) does not know the relevant person's identity- the Special Investigations Monitor may, by writing given to the relevant agency head, require the relevant agency head, or a person nominated by the relevant agency head, to attend- (c) before a specified inspecting officer; and (d) at a specified place; and (e) within a specified period or at a specified time on a specified day- in order to answer questions relevant to the inspection. (5) The place, and the period or the time and day, specified in a requirement under this section must be reasonable having regard to the circumstances in which the requirement is made. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 20 Special Investigations Monitor to be given information and access despite other laws 20. Special Investigations Monitor to be given information and access despite other laws (1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but- (a) the information, the answer, or the fact that the person has so given access to the document, as the case may be; and (b) any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be- is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 23. (2) Nothing in any other law prevents a relevant person from- (a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or (b) giving to an inspecting officer access to a record of a relevant agency- for the purposes of an inspection under this Part. (3) Nothing in any other law prevents a relevant person from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2). Telecommunications (Interception) (State Provisions) Act 1988 - SECT 20A Dealing with information for the purposes of inspection and report 20A. Dealing with information for the purposes of inspection and report If- (a) information is given or communicated to an inspecting officer, as permitted by section 20(2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part; or (b) an inspecting officer obtains information as a result of being given access to records, as permitted by section 20(2), for the purposes of an inspection under this Part- the inspecting officer may, despite any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 20B Special Investigations Monitor not to be sued 20B. Special Investigations Monitor not to be sued An inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise, or the purported exercise, of a function conferred by this Part. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 20C Delegation by Special Investigations Monitor 20C. Delegation by Special Investigations Monitor The Special Investigations Monitor may delegate to another inspecting officer any of the Special Investigations Monitor's functions under this Act, other than- (a) this power of delegation; and (b) a power to report to the Minister. _______________ Telecommunications (Interception) (State Provisions) Act 1988 - PART 4 PART 4 MISCELLANEOUS Telecommunications (Interception) (State Provisions) Act 1988 - SECT 21 Copies of reports for Commonwealth Minister 21. Copies of reports for Commonwealth Minister The Minister must give the Minister administering the Commonwealth Act, as soon as practicable after a report on an inspection of the kind referred to in section 11 or 14 is given to the Minister, a copy of the report. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 22 Disclosure by persons under the Minister's administration 22. Disclosure by persons under the Minister's administration A person, other than an inspecting officer, engaged in the administration of this Act must not disclose any information or record obtained by the person in the administration of this Act, unless the disclosure is made- (a) in accordance with the Commonwealth Act; or (b) for the purpose of any proceedings under- (i) section 22 of the Ombudsman Act 1973; or (ii) Division 5 of Part I of the Evidence Act 1958; or (c) for the purpose of discharging the person's functions under this or any other Act. Penalty: 10 penalty units. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 23 Offences relating to inspections under Part 3 23. Offences relating to inspections under Part 3 (1) A person must not, without reasonable excuse, refuse or fail- (a) to attend before a person; or (b) to furnish information; or (c) to answer a question- when required under section 19 to do so. (2) A person must not- (a) without reasonable excuse, wilfully obstruct, hinder or resist a person in connection with the exercise of the Special Investigations Monitor's functions under Part 3; or (b) give to an inspecting officer, in connection with an inspection under Part 3, information or a statement that the first-mentioned person knows to be false or misleading in a material particular. Penalty: 10 penalty units or imprisonment for 6 months. Telecommunications (Interception) (State Provisions) Act 1988 - SECT 24 Regulations 24. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may impose a penalty not exceeding 5 penalty units for a contravention of the regulations. --------------- ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 14 April 1988 Legislative Council: 5 May 1988 The long title for the Bill for this Act was "A Bill to enable the Police Force of Victoria to intercept telecommunications in accordance with the Telecommunications (Interception) Act 1979 of the Commonwealth and for other purposes.". The Telecommunications (Interception) (State Provisions) Act 1988 was assented to on 24 May 1988 and came into operation on 27 October 1988: Government Gazette 26 October 1988 page 3219. 2. Table of Amendments This Version incorporates amendments made to the Telecommunications (Interception) (State Provisions) Act 1988 by Acts and subordinate instruments. ------------------------------------------------------------- Telecommunications (Interception) (State Provisions) (Amendment) Act 1993, No. 116/1993 Assent Date: 7.12.93 Commencement Date: 7.12.93: s. 2 Current State: All of Act in operation Telecommunications (Interception) (State Provisions) (Amendment) Act 2001, No. 65/2001 Assent Date: 23.10.01 Commencement Date: 24.10.01: s. 2 Current State: All of Act in operation Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 13) on 17.6.03: s. 2(1) Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988 Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005 Assent Date: 29.11.05 Commencement Date: Ss 21-26 on 1.7.06: Government Gazette 29.6.06 p. 1314 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 12) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988 ------------------------------------------------------------- 3. Explanatory Details No entries at date of publication. INDEX Subject Section Act commencement 2 construction of references 3 purpose 1 Agencies (def.) 3 See also Office of Police Integrity; Police Force Attorney-General 7, 9C, 12, 15 Certifying officers 5, 9A Chief Commissioner of Police copies of authorisations by 5 copies of reports by Special Investigations Monitor 12 powers, functions, duties regarding documents for Minister, Attorney-General 7 Police Force records 5-6, 9 reports on information from interceptions 7 Commonwealth Act (def.) 3 Commonwealth Minister 8, 9D, 21 Communications (def.) 3 Definitions 3, 11, 14, 17 Director, Police Integrity copies of authorisations given by 9A copies of reports of Special Investigations Monitor 15 definition of Director 3 powers, duties regarding records, documents 9A-9C, 9E Disclosure of information 22 Inspecting officers definition 3 delegation 20C information, access to records given to 19-20A offences 23 protection from liability 20B Inspections information given, obtained for purposes of 20-20A inspecting officers 19-20C of Office of Police Integrity records 14-16 of Police Force records 11-13 offences 23 relevant agencies, agency heads, persons (defs) 17 reports by Special Investigations Monitor 11, 14, 21 Special Investigations Monitor's general functions 10 Special Investigations Monitor's general powers 18-19 Interceptions records regarding 6, 9B reports regarding information obtained by 7-8, 9C Minister definition 3 documents, reports given to 7, 9C, 10, 12, 15 documents, reports to Commonwealth Minister by 8, 21, 9D Subject Section Offences 22-24 Office of Police Integrity definition 3 member of staff (def.) 3 records held by, in relation to 9A-9B, 9E Part VI warrants issued to 9A-9B warrants issued to 9A-9D See also Inspections Part VI warrants definition 3 issued to Office of Police Integrity 9A-9B issued to Police Force 5-6 Permitted purposes (def.) 3 Police Force definition 3 Part VI warrants issued to 5-6 records, documents regarding 5-6 warrants issued to 5-8 See also Inspections Records definition 3 kept by, in relation to Office of Police Integrity 9A-9B kept by, in relation to Police Force 5-6 restricted records 3, 6, 9, 9B, 9E See also Inspections Regulations 24 Restricted records definition 3 in possession of Office of Police Integrity 9B, 9E in possession of Police Force 6, 9 Special Investigations Monitor (def.) 3 See also Inspecting officers; Inspections Warrants copies, reports for Ministers, Attorney-General 7-8, 9C-9D definition 3 issued to Office of Police Integrity 9A- 9D issued to Police Force 5-8 ?? ?? Telecommunications (Interception) (State Provisions) Act 1988 No. 46 of 1988