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Telecommunications (Interception) Legislation Amendment Bill 2000

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1998/1999/2000

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

TELECOMMUNICATIONS (INTERCEPTION) LEGISLATION AMENDMENT BILL 2000

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

 the Honourable Daryl Williams AM QC MP)

 

 



TELECOMMUNICATIONS (INTERCEPTION) LEGISLATION AMENDMENT BILL 2000

 

OUTLINE

The Telecommunications (Interception) Legislation Amendment Bill has its origins partly in the Telecommunications Interception Policy Review (the Review) which was tabled in Parliament on 25 August 1999 and partly in practical operational difficulties arising out of rapid change in the telecommunications industry.  The Bill amends the Telecommunications (Interception) Act 1979 (the Interception Act) and the Australian Security Intelligence Organisation Act 1979 : -

(a)   to enable the Inspector of the Police Integrity Commission of New South Wales to have access to intercepted material for the purposes of the Inspector’s statutory functions;

(b)   to provide for interception warrants against a named person (recommendation 6 of the Review);

(c)   to provide for warrants covering foreign communications:

(d)   to remove a requirement for the Australian Federal Police to execute certain warrants (recommendation 12 of the Review);

(e)   to provide for the use of intercepted material in other proceedings subsequent to the proceedings in which the material was first disclosed and in proceedings reviewing a decision to grant bail (recommendation 3 of the Review); and

(f)    to make a number of technical, definitional and consequential amendments.

Inspector of the Police Integrity Commission

The Inspector of the Police Integrity Commission is an independent statutory office set up under the Police Integrity Commission Act 1996 of New South Wales to monitor the operations of the Police Integrity Commission for compliance with the law and to deal with complaints of impropriety against the Commission.  The Inspector is an integral part of the anti-corruption scheme set up under the NSW legislation but is technically a statutory entity separate from the Commission itself.  Therefore, the Interception Act requires amendment to give the Inspector independent access to relevant intercepted information.

The amendments in Schedule 1 of the Bill will enable the Inspector of the Police Integrity Commission to receive intercepted information collected by other agencies and to use that information in the performance of its statutory functions.  The amendments will not allow the Inspector of the Police Integrity Commission to undertake interceptions under warrant.



Warrants

The Interception Act is currently structured around the premise that a warrant relates to one, identified telecommunications service.  This premise no longer accurately reflects the modern telecommunications market.  Rapid advances in technology - coupled with competition in the telecommunications market - mean that customers may now choose from a variety of services and means of communication.  For example, a person may subscribe to multiple services by acquiring several pre-paid mobile telephone services which may be used in the one telephone handset, and swapped around and discarded at will.  The Interception Act in its present form would require an agency wishing to intercept all of the telecommunications services used by a particular suspect to obtain a separate warrant for each service.

Schedule 2 of the Bill will amend the Interception Act to enable connections, disconnection and reconnection in rapid succession of interceptions of multiple services used by a particular suspect in connection with the same offence without the need to obtain a fresh warrant each time and to provide for the interception of foreign communications.

There will be three categories of warrant.  The first category comprises telecommunications service warrants which are the warrants already available under existing provisions of the Interception Act.  These will continue unchanged.

The second category of warrants comprises named person warrants and is designed to address the problem of multiple services used in connection with the activities constituting the one offence.  A named person warrant will authorise the interception of any telecommunications service that the person named on the warrant uses or is likely to use during the currency of the warrant.  Named person warrants will give agencies the flexibility necessary to compensate for suspects’ using multiple services in order to defeat investigation.

The new, more flexible type of warrant will not diminish the safeguards in the Interception Act.  The existing procedures and criteria for the issue of a warrant and the record-keeping and reporting requirements of Parts VI and VIII respectively of the Interception Act will apply in full to named person warrants.

There will be an extra requirement that the judge or member of the Administrative Appeals Tribunal - before issuing a named person warrant - must first be satisfied that other methods of investigation, including a less intrusive telecommunications service warrant, have been considered and are either unavailable or ineffective in the circumstances.

There will also be additional reporting requirements.  After the expiry of a named person warrant, the agency to which the warrant was issued will be required to report to the Minister specified information about the warrant and the interceptions conducted under its authority, including a list of the services which were intercepted under the warrant and the reasons why it was ineffective to use a telecommunications service warrant.

Named person warrants will also be available to ASIO.  The Bill will enable the Attorney-General to issue named person warrants to ASIO for purposes connected with the collection of security intelligence and foreign intelligence.  Before issuing a named person warrant, the Attorney-General must be satisfied that relying on a telecommunications service warrant would be ineffective to obtain the intelligence sought.  ASIO will also be subject to additional reporting requirements in connection with named person warrants.

The third category of warrants comprises foreign intelligence warrants.

Foreign intelligence warrants will enable the interception of particular communications which cannot be identified by reference to specific services or named individuals.  This is a feature of the sophisticated digital technologies which are increasingly dominant in modern telecommunications systems.  The Bill limits the power to issue this category of warrants to interception for the purpose of collecting foreign intelligence.

Other amendments

The Bill will remove an obsolete requirement for the Australian Federal Police to execute all interception warrants which also authorise entry onto premises.  For some years now agencies have executed their own interception warrants which do not require entry onto premises.  The amendment will bring “interception plus entry” warrants into line with that policy.  It will not affect the Australian Federal Police’s overall supervisory role in telecommunications interception through its involvement in enabling other agencies to conduct their interceptions.

The remaining amendments will:

(a)   enable one agency to execute a warrant on behalf of another;

(b)   allow intercepted information to be used in other proceedings subsequent to the proceedings where the intercepted material was initially lawfully disclosed;

(c)   enable intercepted information to be used in proceedings reviewing a decision to grant bail;

(d)   redefine the classes of police officers who may certify formal documents for the purposes of the Interception Act, which has been made necessary by restructuring of the Australian Federal Police and State police services;

(e)   remove an obsolete requirement for the financial agreements between the Commonwealth and States covering interception matters; and

(f)    make a number of consequential, transitional and definitional changes.

 

FINANCIAL IMPACT STATEMENT

The cost of the amendments is expected to be insignificant.



 

Notes on Clauses

 

 

Clause 1:                              Short Title

 

Clause 1 is a formal provision specifying the short title of the Bill.

 

Clause 2:                              Commencement

 

Clause 2 provides that the Act is to commence on Royal Assent, except in relation to items 2 and 3 of Schedule 3 which will commence immediately after the commencement of items 58 to 64 of Schedule 2 to the Australian Federal Police Legislation Amendment Bill 1999.

 

Clause 3:                              Schedules

 

Clause 3 provides that each Act specified in a schedule is amended or repealed as set out in the schedule concerned.

 

Schedule 1 - The Inspector of the Police Integrity Commission (NSW) - Amendment of the Telecommunications (Interception) Act 1979 (the Interception Act)

 

Item 1

 

This item amends the definition of ‘chief officer’ to include the Inspector of the Police Integrity Commission (the Inspector of the PIC).

 

Item 2

 

Item 2 provides that the Inspector of the PIC will be an ‘eligible authority of a State’ within the meaning of the Interception Act.  The effect is that the Inspector of the PIC will have the powers and obligations of an ‘agency’ for the purposes of Part VII of the Interception Act.  In part, this will permit, in prescribed circumstances, another agency to communicate lawfully obtained information to the Inspector of the PIC and will allow the Inspector of the PIC to use that information for the Inspector of the PIC’s permitted purpose.

 

Item 3

 

This item defines the Inspector of the PIC for the purposes of the Interception Act .

 

Item 4

 

This items defines a member of staff of the Inspector of the PIC for the purposes of the Interception Act.



Item 5

 

Item 5 amends the definition of ‘officer’ by adding the specified persons.  The effect is to apply to the Inspector of the PIC the provisions of the Act that refer to acts by an officer of an eligible authority of a State.

 

Item 6

 

This item amends the definition of ‘prescribed investigation’ to include an investigation the Inspector of the PIC is conducting in accordance with its functions.

 

This amendment is connected with item 10.  The effect of this amendment is to include in the category of ‘relevant proceedings’ a prosecution for a prescribed offence against a law of NSW, and which relates to a prescribed investigation of the Inspector of the PIC.  This will enable the Inspector of the PIC to use intercepted information for a permitted purpose connected with such proceedings.

 

Item 7

 

Item 7 amends the definition of ‘relevant offence’ to include prescribed offences connected with prescribed investigations of the Inspector of the PIC.  The purpose is to permit another agency to communicate lawfully obtained information obtained by that agency to the Inspector of the PIC.

 

Item 8

 

Item 8 amends the definition of exempt proceeding to include a proceeding of the Inspector of the PIC.

 

Item 9

 

This item repeals the existing paragraph 6A(1)(c) and substitutes a paragraph which is drafted in a more modern form and includes prescribed investigations by the Inspector of the PIC within the definition of “ investigation of an offence”.

 

 

This item also amends the meaning of an ‘investigation of an offence’ in the Interception Act to include prescribed investigations of the Inspector of the PIC, in so far as they relate to that offence.

 

Item 10

 

This item amends paragraph 6L(2)(b) by adding to the definition of ‘relevant proceedings’ a proceeding by way of a prosecution for a prescribed offence against the law of NSW and to which a prescribed investigation by the Inspector of the PIC relates.  This will ensure that a communication by an officer of the Inspector of the PIC in these circumstances is for a permitted purpose of the Inspector of the PIC within the meaning of section 67 of the Interception Act.



 

Item 11

 

This item amends section 68 to include Inspector of the PIC.  Section 68 provides that where an agency has obtained interception information which appears to relate to the functions of another agency, the agency may communicate the information to that agency in certain circumstances.

 

The amendment will permit an agency to communicate intercepted information to the Inspector of the PIC where the information relates to a matter which may give rise to an investigation by the Inspector of the PIC.

 

 

 

 



 

Schedule 2 - Named person warrants and foreign communication warrants Amendment of the Interception Act.

 

Item 1

 

This item defines “foreign communication” for the purposes of the Interception Act.

 

Item 2

 

This item defines “foreign communications warrant” for the purposes of the Interception Act.

 

Item 3

 

This item defines “foreign organisation” for the purposes of the Interception Act.

 

Item 4

 

This item defines “named person warrant” for the purposes of the Interception Act.

 

Item 5

 

This item defines “Part III warrant” for the purposes of the Interception Act.

 

Item 6

 

This item defines “telecommunications service warrant” for the purposes of the Interception Act.

 

Item 7

 

This item repeals subsections 9(3), (4), (5) and (6) which are re enacted in section 9B.

 

Item 8

 

Item 8 establishes a new form of interception warrant.   The “named person warrant” is a warrant in respect of a person not a service as is the current position for a “telecommunications service warrant”.  This warrant will enable the interception of more than one service identified as being used or likely to be used by a named person.

 

This item also provides that the Attorney-General is authorised to issue a warrant on a named person where the Director General of Security has satisfied the Attorney-General that the person is engaged in, or is reasonably suspected of being engaged in, activities prejudicial to security and such interception will, or is likely to, assist the Organisation in carrying out its functions.  The Attorney-General must also be satisfied that relying on a “telecommunications service warrant” would be ineffective.

 

The item further specifies the matters which the Director-General of Security must include in an application for a warrant.

 

This item also re enacts subsections 9 (3), (4), (5) and (6), specifying that the request for a warrant must be in writing, the provisions authorising entry on to premises, the length of time a warrant may be in force and allowing further issue of a warrant.

 

Item 9

This item repeals subsections 11A(3) to (9) which deal with the characteristics of warrants for the collection of foreign intelligence, such as entry on premises, duration, renewals, exclusion of warrants directed at Australian citizens or residents and conditions and restrictions.  These provisions are re-enacted by item 11 as section 11D.

Item 10

This item adds an explanatory note to section 11A.

Item 11

This item inserts new sections 11B, 11C  and 11D into the Interception Act.

The proposed section 11B provides for the Attorney-General to issue a “named person warrant” to ASIO for the purposes of collecting foreign intelligence in the performance of the function under section 17(1)(e) of the Australian Security Intelligence Organisation Act 1979.   These warrants parallel the provisions in Item 8 and complement the existing “telecommunications service warrant” provisions in section 11A.  The criteria for the issue of these warrants is the same as under section 11A with the additional requirement that the Attorney-General must be satisfied that relying on a “telecommunications service warrant” to obtain the intelligence sought would be ineffective.

Proposed section 11C creates a new class of “foreign communication” warrants for circumstances where telecommunications technologies operate so as to preclude the interception of particular communications by reference to a specific service or a named individual.  These warrants are confined to foreign communications only and special provision is made to limit the scope of their authority since it is not possible to identify a particular service or individual.

A “foreign communications warrant” under section 11C will be in two parts.  The first part, addressed to the relevant telecommunications carrier, specifies the part of the telecommunications system that is likely to carry the foreign communications which are to be intercepted.  The second part is a notice addressed to the Director-General of Security which states that the authority to collect foreign intelligence under the warrant is limited to the purpose for which the warrant was sought.  Any material collected which is irrelevant to that purpose must be destroyed forthwith.

Proposed section 11D re-enacts the provisions of existing subsections 11A(3) to (9) and, apart from the provisions authorising entry on premises, applies them to all three categories of “foreign communications warrants”.  The power to authorise entry onto premises applies only to “telecommunications service warrants” and “named person warrants”.



Item 12

This item adds an explanatory cross-reference at the end of section 14 which deals with the destruction of intercepted material held by ASIO.

Item 13

This amendment removes “foreign communications warrants” from the scope of the procedures set out in paragraph 15(1A)(a).

Item 14

This item adds an explanatory cross-reference.

Item 15

This item replaces subsection 15(7) in its entirety with new provisions, corresponding to those in paragraph 15(1A)(a) of the Interception Act, which set out procedures for handling “foreign communications warrants”.  The procedures require the Director-General of Security to give a certified copy of the first part of the two-part warrant described in item 11 above to the Managing Director of the carrier.

Item 16

This item inserts new section 16 which provides a mechanism for varying particular telecommunications services which are in fact intercepted under the authority of “named person warrants” issued to ASIO.  This reflects the policy that while the authorising warrant need not contain on its face the telecommunications services to be intercepted, the carrier concerned must be notified in writing by a “certifying person” of the particular services to be intercepted from time to time.  The term “certifying person” is defined in item 4 of Schedule 3.

 

Item 17

 

This item is consequential to the definition of “Part III warrant”, which replaces specific references to sections 9, 9A, 11A, 11B and 11C.

 

Item 18

 

This item places reporting requirements on the Director-General of Security, additional to those already in section 17, for warrants in respect of a named person. 

 

Item 19

 

This item amends section 39 to enable an agency to apply to an eligible judge or a nominated AAT member for a warrant in respect of a named person.

 

Item 20

 

This item amends subsection 42(4) to clarify that the requirements in this subsection refer only to an application for a “telecommunications service warrant”.



 

Item 21

 

This item provides the matters to be set out in an affidavit to support an application for a warrant on a named person. 

 

Item 22

 

This item provides for the issue of a “named person warrant” in relation to a class 1 offence by an eligible Judge or nominated AAT member.  The requirements to obtain a “named person warrant” are more onerous than the telecommunication services warrant.  The eligible Judge or nominated AAT member must be satisfied that there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service. 

 

In addition to the matters which they must already have regard to for the issue of a “telecommunications service warrant”, an eligible Judge or nominated AAT member must have regard to the extent to which methods, other than a warrant on a named person, are used in the investigation of the offence or offences.

 

Item 23

 

This item provides for the issue of a “named person warrant” in relation to a class 2 offence by an eligible Judge or nominated AAT member.  This item specifies the same requirements as are described in item 22.

 

 

Item 24

 

This item amends section 48 to clarify the meaning of service or telecommunications service.

 

Item 25

 

This item amends section 49 to provide that a warrant in respect of a person may be limited in that the warrant may exclude the interception of communications to or from a specified telecommunications service.

 

Item 26

 

This item amends section 60 to oblige the chief officer of an agency to advise the Managing Director of a carrier of the details of a service where the warrant on a named person did not identify the service.  This item also obliges the chief officer to advise the Managing Director of a carrier where the interception is no longer required in relation to a warrant on a named person.

 

Item 27

 

This item amends subparagraphs  81(1)(c)(i) and (ii) in accordance with modern drafting practice.



 

Item 28

 

This item amends paragraph 81(1)(c) to provide for record keeping requirements in relation to “named person warrants”.  Section 81 provides that Commonwealth agencies must retain certain records in connection with interceptions.  These records are audited by the Commonwealth Ombudsman pursuant to section 82 of the Interception Act.

 

Item 29

 

This item amends paragraph 81(2)(ba) to provide for record keeping requirements in relation to “named person warrants”.  As noted in item 28, Commonwealth agencies must retain certain records in connection with interceptions. 

 

Item 30

 

This item imposes additional record keeping requirements in relation to “named person warrants”.  As noted in item 28, Commonwealth agencies must retain certain records in connection with interceptions. 

 

Item 31

 

This item repeals paragraphs 81A(2)(d) and (e) and substitutes provisions specifying the details to be entered in the General Register of Warrants in relation to “telecommunications service warrants”  and for “named person warrants”.

 

The General Register of Warrants is maintained by the Commissioner of the AFP and records details of every Part VI issued.  The General Register of Warrants is delivered to the Attorney-General at 3 monthly intervals.

 

Item 32

 

This item repeals paragraphs 81C(2)(d) and (e) and substitutes provisions specifying the details to be entered in the Special Register of Warrants in relation to “telecommunications service warrants”  and for “named person warrants”.

 

The Special Register of Warrants is maintained by the Commissioner of the AFP and records details of each registrable expired warrant, as defined in subsections 81C(3) & (4) of the Interception Act.  The Special Register of Warrants is delivered to the Attorney-General at 3 monthly intervals.

 

Item 33

 

This item amends subsection 94(2) to limit its application to “telecommunications service warrants”.

 

Item 34

 

This item provides additional reporting requirements for “named person warrants” which require the agency to report to the Minister on information in relation to each warrant including a list of all services intercepted under the warrant.  This report must be provided to the Minister within 3 months of the warrant ceasing to be in force.



Schedule 3 - Miscellaneous and consequential amendments to the Interception Act and the Australian Security Intelligence Organisation Act 1979.

 

 

Item 1

 

This item is a consequential amendment to section 17 of the Australian Security Intelligence Organisation Act 1979  to reflect the new warrant regime in this Bill.

 

Item 2

 

Item 2 is a formal amendment.

 

Item 3

 

Item 3 amends the definition of “certifying officer” to reflect the change in the structure of the AFP proposed in the Australian Federal Police Legislation Amendment Bill 1999.

 

Item 4

 

This item defines “certifying person” for the purposes of the Interception Act.

 

Item 5

 

This item defines “foreign intelligence information” for the purposes of the Interception Act.

 

Item 6

 

This item includes “named person warrants” within the scope of the definition of “renewal” for the purposes of the Interception Act.

 

Item 7

 

Item 7 also includes “named person warrants” within the scope of the definition of “renewal” for the purposes of the Interception Act.

 

Item 8

 

This item includes “named person warrants” within the scope of the definition of “renewal application” for the purposes of the Interception Act.

 

Item 9

 

Item 9 also includes “named person warrants” within the scope of the definition of “renewal application” for the purposes of the Interception Act.

 



Item 10

 

This item amends the definition of “restricted record” to exclude records which are copies.  This has the effect of confining restricted records to the original recording of an intercepted communication.  All other copies of that original are treated as “lawfully  obtained information”.

 

Item 11

 

This item repeals the definition of “section 11A information”.  This provision is replaced by the definition of “foreign intelligence information” in item 5.

 

Item 12

 

This item amends the definition of “exempt proceedings” to include a proceeding by way of a review of a decision to grant a bail application.  This provision complements subsection 5B(m).

 

Item 13

 

Item 13 amends the note to reflect the addition of item 12 to the definition of “exempt proceedings”.

 

Item 14

 

This item amends section 6H to apply the provision to “telecommunication service warrants” and “named person warrants”.

 

Item 15

 

This item amends section 6H to include “named person warrants”.

 

Item 16

 

This item clarifies the definition of “telecommunications service” by providing that for the purposes of the Interception Act a service may be identified by a number assigned to it or by any other unique identifying factor.

 

Item 17

 

This item amends paragraph 10(1)(a) to include a warrant issued under 9A in respect of a named person.

 

Item 18

 

This item amends paragraph 10(1)(b) to include a warrant issued under 9A in respect of a named person.

 

Item 19

 

This item amends paragraph 10(1)(c) to include a warrant in respect of a named person.



 

Item 20

 

This item amends subparagraph 10(1)(d)(ii) to include a warrant in respect of a named person.

 

Item 21

 

This item amends subsection 10(1) to include a warrant in respect of a named person.  The effect of the amendments in items 17 to 21 is to include “named person warrants” within the scope of the Director-General of Security’s power to issue emergency warrants.

 

Item 22

 

This item is consequential of the definition of “Part III warrant” which replaces specific references to sections 9, 9A, 11A, 11B and 11C.

 

Item 23

 

This subsection is made unnecessary by the use of the term “Part III warrant”.

 

Item 24

 

This item is consequential to inserting the term “Part III warrant” which replaces specific references to sections 9, 9A, 11A, 11B and 11C.

 

Item 25

 

This item is consequential to inserting the term “Part III warrant” which replaces specific references to sections 9, 9A, 11A, 11B and 11C.

 

Item 26

 

This item amends subsection 15(1) to include Part III warrants in the provision.

 

Item 27

 

This item amends paragraph 15(1A)(d) and is consequential to the definition of “certifying person” which replaces specific references to “the Director-General, or a Deputy Director-General of Security” for the purposes of section 15 of the Interception Act.

 

Item 28

 

This item amends paragraph 15(1B)(d) and is consequential to the definition of “certifying person” which replaces specific references to “the Director-General, or a Deputy Director-General of Security” for the purposes of section 15 of the Interception Act.



 

Item 29

 

Item 29 is a formal amendment.

 

Item 30

 

This item repeals paragraph 35(2)(c) to remove the requirement for the Minister to be satisfied that the agreement entered into between the States and the Commonwealth includes payments to the AFP in respect of the expenses incurred or to be incurred in connection with the establishment of the Telecommunications Interception Division.  This paragraph is obsolete because the expenses have been discharged. 

 

Item 31

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48

 

Item 32

 

This item amends section 48 to include “named person warrants”.

 

Item 33

 

This item amends subsection 49(5) to include “named person warrants”.

 

Item 34

 

This item amends section 49(7) to include “named person warrants”.

 

Item 35

 

This item amends section 52 to provide that where a warrant issued to one agency has been executed by another the first agency must advise that second agency of the revocation of the warrant.

 

Item 36

 

This item repeals paragraph 53(1)(c) to reflect the amendment to section 55 which removes the requirement for the AFP to execute a section 48 warrant.

 

Item 37

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48

 

Item 38

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48

 



Item 39

 

This item repeals subsection 54(2) to reflect the amendment to section 55 which removes the requirement for the AFP to execute a section 48 warrant.

 

Item 40

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48

 

Item 41

 

This item amends subsection 55(1) to reflect the amendment in item 44 that one agency may execute a warrant on behalf of another.

 

Item 42

 

This item repeals subsection 55(2) to remove the requirement for the AFP to execute a warrant issued under section 48.

 

Item 43

 

This item amends subsection 55(3) to enable one agency to execute a “Part VI warrant” on behalf of another.

 

Item 44

 

This item amends section 56 to require the AFP to advise another agency of the revocation of a warrant, where the AFP’s warrant is being executed by that other agency.

 

Item 45

 

This item reflects the amendment in item 44.

 

Item 46

 

This item amends paragraph 57(1)(a) to require a chief officer of an agency to advise the chief officer of another agency, which is exercising authority under a warrant on behalf of that first agency, of a proposed revocation of the warrant.

 

Item 47

 

This item amends subsection 57(2) to require a chief officer of an agency to advise the chief officer of another agency, who is exercising authority under a warrant on behalf of that first agency, of a proposed revocation of the warrant.

 

Item 48

 

This item amends paragraph 57(3)(a) to require a chief officer of an agency, who revokes a warrant, to advise the chief officer of another agency, who is exercising authority under a warrant on behalf of the first agency, that the warrant is revoked.

 



Item 49

 

This item amends section 58 to require a chief officer of an agency, who is exercising authority under a warrant on behalf of another agency and has been advised of a revocation or proposed revocation under subsection 56(2) or section 57, to do all that is necessary to discontinue the interception.

 

Item 50

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48.

 

Item 51

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48.

 

Item 52

 

This item is consequential to the repeal of the definition of “section 11A information” which is replaced by the term “foreign intelligence information”. 

 

Item 53

 

This item corrects a drafting error from a previous amendment of the Interception Act.

 

Item 54

 

This item is consequential to the repeal of the definition of “section 11A information” which is replaced by the term “foreign intelligence information”. 

 

Item 55

 

This item is consequential to the repeal of the definition of “section 11A information” which is replaced by the term “foreign intelligence information”. 

 

Item 56

 

This item is consequential to the repeal of the definition of “section 11A information” which is replaced by the term “foreign intelligence information”. 

 

Item 57

 

This item amends subsection 75(1) to include the new warrants for the collection of foreign intelligence.

 

Item 58

 

This item provides a clarification on the use of evidence that has been given in exempt proceedings.  The amendment allows for the further use, in subsequent proceedings, of information given in evidence in exempt proceedings under sections 74 or 75 of the Interception Act.  This provision was included in response to the decision in the Court of Appeal of NSW Wood v Beves  (1997)92 A Crim R 209.

 

Item 59

 

This item includes the new provision described in item 58 for the purposes of paragraphs 77(1)(a) and 77(1)(b).

 

Item 60

 

This item amends subsection 77(2) to include the new warrants for the collection of foreign intelligence.

 

Item 61

 

This item includes the new provision described in item 58 for the purposes of subsection 77(2).

 

Item 62

 

This item includes the new provision described in item 58 for the purposes of subsections 77(3) and 77(4).

 

Item 63

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48.

 

Item 64

 

This item repeals the provision which is no longer required because item 39 removes the requirement for the Australian Federal Police to execute section 48 warrants on behalf of other agencies.

 

Item 65

 

Item 65 is a formal amendment.

 

Item 66

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48.

 

Item 67

 

This item amends paragraph 81A(2)(g) to include the new form of warrant on the named person in the General Register of Warrants.

 

Item 68

 

This item amends paragraph 81C(2)(g) to include the new form of warrant on the named person in the Special Register of Warrants.



Item 69

 

This item is consequential to the definition of “Part VI warrant” which replaces specific references to sections 45, 45A, 46, 46A and 48.

 

Item 70

 

This item amends section 97 to include the new form of warrant on the named person in reports by telecommunications carriers.

 

Item 71

 

This item provides an annual reporting mechanism for warrants executed by one agency on behalf of another.

 

Part 2 Transitional provisions

 

Item 72

 

This item provides a transitional provision to continue the authority of a member of the AFP who has executed a section 48 warrant before the commencement of this Act.  After commencement of this Act the authority conferred by the warrant will continue until such time as the warrant is revoked or has expired.