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Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012

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2010 - 2011 - 2012

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

TELECOMMUNICATIONS INTERCEPTION AND OTHER LEGISLATION

AMENDMENT (STATE BODIES) BILL 2012

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

(Circulated by authority of the Attorney-General,

the Honourable Nicola Roxon MP)



TELECOMMUNICATIONS INTERCEPTION AND OTHER LEGISLATION AMENDMENT (STATE BODIES) BILL 2012

OUTLINE

1.              This Bill will amend the Telecommunications (Interception and Access) Act 1979 (TIA Act) to introduce the Victorian Public Interest Monitor (PIM) into the interception regime and to enable the Victorian Independent Broad-based Anti-corruption Commission (IBAC) and Victorian Inspectorate (VI) to be declared eligible authorities under section 34 of the TIA Act.

2.              Under section 35 of the TIA Act, an agency cannot be declared an eligible authority unless the Minister is satisfied that the law of the requesting State makes satisfactory provision for the declared agency to comply with specified recordkeeping, reporting and inspection obligations and that the State has entered into an agreement to pay all expenses connected with the issue of warrants to the agency. 

3.              The Parliament of Victoria has recently enacted the Victorian Inspectorate Act 2011 of Victoria and the Independent Broad-based Anti-corruption Commission Act 2011 of Victoria to establish two new oversight bodies.  The IBAC will have a broad jurisdiction responsible for investigating, exposing and suppressing corruption involving or affecting all public officials in Victoria.  This jurisdiction will include oversighting police activities from the time section 16 of the Independent Broad-based Anti-corruption (Investigative Functions) Act 2012 of Victoria (the IBAC Amendment Act) commences. 

4.              Section 16 of the IBAC Amendment Act will repeal the Police Integrity Act 2008 of Victoria, abolishing the Office of Police Integrity (OPI) and enabling the IBAC to exercise its functions in relation to all Victorian public officials including the police.  Until section 16 commences, both the IBAC and the OPI will co-exist.  This Bill amends the TIA Act to allow the Director of the Office of Police Integrity to communicate information to the IBAC in the period between the commencement of the IBAC Amendment Act and the repeal of the Police Integrity Act 2008 of Victoria.  Under the Bill any actions, activities or functions undertaken by the OPI under the TIA Act before the IBAC commences in full will continue to have effect as if they were undertaken or authorised by the IBAC.

5.              The OPI can receive items and documents under the Crimes Act 1914 and receive information under the Taxation Administration Act 1953 .  The Bill will amend the Crimes Act 1914 , the Privacy Act 1988 and the Taxation Administration Act 1953 to replace references to the OPI with the IBAC. 

6.              The Bill will also amend the Crimes Act 1914 and the Taxation Administration Act 1953 to allow the OPI to disclose information to or to make available a thing or document to the IBAC after the IBAC Amendment Act commences but prior to the repeal of the Police Integrity Act 2008 of Victoria and the abolition of the OPI. 

7.              The Victorian Inspectorate (VI) will monitor the IBAC’s compliance with Victorian legislation and investigate complaints against the IBAC’s officers.  The Bill will enable the VI to be declared an eligible authority so that it can receive intercepted information in order to carry out its oversight complaints handling function. 

8.              This Bill will also amend the TIA Act in relation to Victorian interception agencies to recognise the oversight role of the PIM in law enforcement matters in Victoria.  Under the Public



Interest Monitor Act 2011 of Victoria, the PIM has oversight functions in relation to several Acts, including the Telecommunications (Interception) (State Provisions) Act 1998 of Victoria. 

9.              The amendments to the TIA Act will allow the PIM to make submissions to the issuing authority considering the application for an interception warrant from a Victorian interception agency and to ask questions of an officer representing the agency applying for the warrant or any other party required to give further information on the application.  These provisions will only operate where the applicant is representing a declared Victorian agency.  The PIM’s power to make submissions will be complemented by a requirement on the decision-maker considering an application by a Victorian agency, to consider the PIM’s view in deciding whether or not to issue an interception warrant. 

10.          The Bill also specifies that the TIA Act does not affect the operation of Victorian law to the extent that it may authorise or require Victorian agencies to notify the PIM of a proposed or actual interception warrant application, notify the PIM of any information that may relate to such applications and provide documentation that may relate to such applications. 

 

FINANCIAL IMPACT STATEMENT

The amendments made by the Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012 will have no financial impact on the Commonwealth.  The costs associated with the new State agencies will be borne by the State of Victoria.



Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The Bill will facilitate amendments to the Telecommunications (Interception and Access) Act 1979 (the TIA Act) to support the functions of the newly established:

  • Victorian Independent Broad-based Anti-Corruption Commission (IBAC)
  • Victorian Inspectorate (VI), and
  • Victorian Public Interest Monitor (PIM).

The Bill will amend the TIA Act to enable the IBAC and the VI to access existing telecommunications information and to support the role of the PIM.  The IBAC will replace the existing Victorian Office of Police Integrity (OPI) as the Victorian integrity agency and the VI will oversight the activities of the IBAC.  The PIMs functions include acting in the public interest in applications for warrants under the TIA Act.

The Bill will also amend the TIA Act to include the IBAC within the definition of an enforcement agency and allow them access to stored content and telecommunications data.

In particular, the Bill will:

·          Remove the OPI as an eligible authority in section 5 of the TIA Act so that it will no longer be eligible to access interception powers or any other powers under the TIA Act.

·          Amend the definition of eligible authority in the TIA Act to include the IBAC and VI and allow them to receive TIA Act information for their respective functions.  This will enable the Attorney-General to declare the IBAC as an interception agency to access interception information in their own right once the Attorney-General is satisfied that relevant State legislation meets the requirements of section 35 of the TIA Act.

·          Enable the IBAC and VI to use and communicate existing intercepted information to support their functions.

·          Amend the TIA Act to enable the PIM to access relevant information and appear at applications for warrants under the TIA Act.

·          Amend the definition of enforcement agency to include the IBAC to allow them to access stored content and telecommunications data.

·          Make consequential amendments to the Taxation Administration Act 1958 , the Crimes Act 1914 and the Privacy Act 1988 to replace references to the OPI with references to the IBAC.

·          Make transitional amendments to the TIA Act, Crimes Act 1914 and Taxation Administration Act 1958 so that information provided or disclosed to OPI can be provided or disclosed to the IBAC so that it has the information it needs to perform its investigative functions.

Human rights implications

The human rights engaged by the Bill are those set out in Articles 17 and 19 of the International Covenant on Civil and Political Rights (ICCPR). 

 

Article 17 - privacy

 

Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour or reputation, and that everyone has the right to the protection of the law against such interference or attacks.  Certain provisions in the Bill could be considered to limit the right to privacy under Article 17.  However, the right to privacy can be limited as it is not an absolute right and a limitation is not incompatible with the right itself.   

 

New Eligible Authorities

 

The Bill would make the IBAC and VI eligible authorities under the TIA Act and therefore allow them to receive existing telecommunications interception information.  The Attorney-General may then declare them to be interception agencies, subject to meeting requirements outlined in section 35 of the TIA Act.  Once declared an interception agency, the IBAC would be eligible to apply for warrants to intercept a person’s private communications in certain circumstances.  However, such interception will not be unlawful as it will be authorised by law under the TIA Act.  Consistent with powers for other State oversight bodies the VI will not be declared an interception agency. 

 

Interception by IBAC will not be arbitrary within the meaning of Article 17.  The measures adopted will serve the legitimate purpose of the investigation and prosecution of serious crime and corruption.  The measures will be proportional and reasonable to this end. 

Other State integrity agencies already have interception powers under the TIA Act and the purpose of the Bill is to ensure the IBAC has access to such powers.  Interception will only be available to the IBAC in relation to the investigation of serious offences, which generally includes offences punishable by imprisonment for life or for a period or a maximum period of at least seven years.  The IBAC must obtain a warrant from an independent issuing authority in order to access or intercept communications.  The TIA Act requires that an issuing authority, such as an eligible Judge or a nominated member of the Administrative Appeals Tribunal have regard to how much the privacy of any person or persons would be likely to be interfered with by interception under a warrant.

 

The Bill will enhance human rights, in that it will enable the Victorian PIM to appear at the application stage to test the merits of an application for an interception warrant by Victorian agencies, including by cross-examining applicants and making submissions to the issuing authority in the interests of the public of Victoria.  The PIM is limited to making submissions relating to the factors that the issuing authority must have regard to including how much the privacy of any person may be affected by interception authorised under the warrant.  The TIA Act will require that issuing authorities have regard to any submissions made by the Vic PIM.

 

The Bill will remove the Victorian OPI as an eligible authority and they will no longer be an eligible to undertake telecommunications interception or any other powers under the TIA Act.

 

Use and communication of information

 

The TIA Act prohibits the use and disclosure of information obtained under the TIA Act, subject to certain exceptions.

 

The Bill would allow the IBAC to use and communicate information obtained under telecommunications interception warrants to support their investigations and prosecutions.  The Bill would also allow the IBAC to communicate interception information to another interception agency for the investigation of a relevant offence or other relevant purposes.  These provisions are consistent with existing provisions in the TIA Act and the use and communication will not be unlawful, as it will be sanctioned under the TIA Act.

 

This use and communication will not be arbitrary, as it will serve the legitimate purpose of the investigation and prosecution of serious crime and corruption and is subject to detailed provisions in the TIA Act.

 

The Bill amends the TIA Act to include the VI as an eligible authority.  This will allow the VI to receive, use and disclose existing intercepted information from other interception agencies for the purpose of investigating complaints against the IBAC and IBAC personnel.

The amendments to the Crimes Act 1914 will allow constables or Commonwealth officers to share documents or things with IBAC to use for the specific purposes set out in subsection 3ZQU(5) of the Crimes Act 1914 , including preventing, investigating or prosecuting an offence against a law of a State or Territory.

 

The amendments to the Taxation Administration Act 1953 will allow the Australian Taxation Office to disclose taxpayer protected information to the IBAC for law enforcement purposes (such as investigating serious offences and enforcing the law). 

 

The amendments to the Privacy Act 1988 will include the IBAC within the definition of ‘enforcement body’ which is used in the National Privacy Principles in relation to the law enforcement exemptions to the use and disclosure, and access and correction obligations.

 

Enforcement Agencies

 

The TIA Act restricts access to stored communications content and telecommunications data to enforcement agencies as defined in the TIA Act.

 

The Bill would allow the IBAC to access stored communication and authorise the disclosure of telecommunications data subject to meeting the thresholds for access contained within the TIA Act.

 

 

 

Record-keeping and Report

 

The IBAC will be subject to the existing record-keeping and reporting obligations as section 35 of the TIA Act requires that these obligations be satisfied prior to a declaration by the Attorney-General that an eligible authority be an interception agency.  These include requiring regular inspection of records to ensure compliance with the TIA Act as well as regular reporting to the responsible Minister.  Agencies must also report annually to the Attorney-General on the effectiveness of warrants. 

 

Article 19 - freedom of expression

 

Article 19 of the ICCPR deals with freedom of expression.  Article 19 of the ICCPR provides that everyone shall have the right to freedom of expression.  However, this right is subject to certain restrictions, including the protection of national security or public order.  Protection of public order includes law enforcement.

 

The provisions in the Bill allowing the IBAC to intercept communications may indirectly affect the right to freedom of expression in that some persons may be more reluctant to use telecommunications services.

 

However, the provisions are reasonably necessary and proportionate for the protection of public order, in particular enforcement of the law.  The IBAC will only be able to access a person’s communication for the purpose of investigating a serious offence.  Use and communication of information intercepted under warrant by IBAC will only be permitted in circumstances set out in the TIA Act, including the investigation or prosecution of a prescribed offence.

Conclusion

The Bill is compatible with human rights.  T o the extent that the Bill may limit human rights, those limitations are reasonable, necessary and proportionate.

 

 

 

NOTES ON CLAUSES

Clause 1 Short title

Clause 1 is a formal provision specifying the short title of the Bill.  It provides that when the Bill is enacted, it be cited as the Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012.

Clause 2 Commencement

Clause 2 provides for when the various parts of the Act are to commence. 

Schedule 1, items 1 to 28 commence on the later of the day after this Act receives the Royal Assent and the day that section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria (the IBAC Amendment Act) commences Section 16 of the IBAC Amendment Act repeals the Police Integrity Act 2008 of Victoria and therefore, is the date from which the IBAC will be able to exercise its functions in relation to police integrity. Until that time, OPI continues to fulfil this role.  Items 1-28 will not commence if section 16 of the IBAC Amendment Act does not commence.

Transitional provisions in Schedule 1, items 29 and 30 commence on the later of the day after this Act receives the Royal Assent and the day the IBAC Amendment Act receives the Royal Assent.  Item 29 will allow the OPI to make available to the IBAC a thing or a document previously shared with the OPI by a constable or Commonwealth officer under subsection 3ZQU(5) of the Crimes Act 1914.  Item 30 will allow the OPI to disclose information to the Commissioner of the IBAC after the IBAC Amendment Act commences but prior to the repeal of the Police Integrity Act 2008 of Victoria and the abolition of the OPI.  However, items 29 and 30 do not commence if the IBAC Amendment Act does not receive the Royal Assent.

Transitional provisions in Schedule 1, items 31 to 36 commence on the later of the day after this Act receives the Royal Assent and the day that section 16 of the IBAC Amendment Act commences. Section 16 of the IBAC Amendment Act repeals the Police Integrity Act 2008 of Victoria and therefore, is the date from which the IBAC will be able exercise its functions in relation to police integrity.  However, the provisions do not commence if section 16 of the IBAC Amendment Act does not commence.

Transitional provision in Schedule 1, item 37 commences on the later of the day after this Act receives the Royal Assent and the day the IBAC Amendment Act receives the Royal Assent.  This will allow the Director of the OPI to communicate information to the IBAC after the IBAC Amendment Act commences but prior to repeal of the Police Integrity Act 2008 of Victoria.  However, the provision does not commence if the IBAC Act does not receive the Royal Assent. 

Transitional provisions in Schedule 1, items 38 to 40 commence on the later of the day after this Act receives the Royal Assent, the day that Schedule 1 to the Cybercrime Legislation Amendment Act 2012 commences and the day section 16 of the IBAC Amendment Act commences.  However, the provisions do not commence if Schedule 1 to the Cybercrime Legislation Amendment Act 2012 or section 16 of the IBAC Amendment Act do not commence.

Transitional provision, Schedule 1, item 41 commences the later of the day after this Act receives the Royal Assent, the day that Schedule 1 to the Cybercrime Legislation Amendment Act 2012 commences and the day the IBAC Amendment Act receives the Royal Assent.  However, the provisions do not commence if Schedule 1 to the Cybercrime Legislation Amendment Act 2012 does not commence or the IBAC Act does not receive the Royal Assent.

Transitional provision, Schedule 1, item 42 commences the later of the day after this Act receives the Royal Assent and the day section 16 of the IBAC Amendment Act commences.  However, the provisions do not commence if section 16 of the IBAC Amendment Act does not commence.

The provisions relating to the Victorian Inspectorate in Schedule 2 commence immediately after the commencement of the provision(s) in Schedule 1, items 1 to 28 relating to the Victorian IBAC.

The provisions relating to the Victorian PIM in Schedule 3 commence the later of the day after this Act receives the Royal Assent and the day Part 7 of the Public Interest Monitor Act 2011 of Victoria (PIM Act) commences. Part 7 of the PIM Act amends the Telecommunications (Interception) (State Provisions) Act 1988 of Victoria to allow the PIM to exercise functions relating to interception applications.  However, the provisions do not commence if PIM Act does not commence.

Clause 3 Schedule

Clause 3 provides that each Act that is specified in a Schedule is amended or repealed as set out in the relevant Schedule, and any other item in a Schedule to this Act has effect according to its terms.



Schedule 1 - Independent Broad-based Anti-corruption Commission

Part 1 - Amendments

Crimes Act 1914

Item 1 - Subsection 3ZQU(7) (paragraph (e) of the definition of State or Territory law enforcement agency )

Paragraph 3ZQU(5)(a) of the Crimes Act 1914 (the Crimes Act) allows a constable or Commonwealth officer to make a thing seized under Part 1AA of the Crimes Act or a document produced under Division 4B of the Crimes Act available to a State or Territory law enforcement agency, to be used by that agency for a number of purposes referred to in subsection 3ZQU(5) of the Crimes Act.   Paragraph 3ZQU(7)(a) of the Crimes Act includes the Office of Police Integrity (OPI) in the definition of a State or Territory law enforcement agency.

Item 1 repeals paragraph 3ZQU(7)(e) of the Crimes Act.  This removes the reference to the OPI and substitutes it with a reference to the Independent Broad-based Anti-corruption Commission (IBAC).   This will enable a constable or Commonwealth officer to make a thing seized under Part 1AA of the Crimes Act or a document produced under Division 4B of the Crimes Act available to the IBAC, to be used by the IBAC for the purposes referred to in subsection 3ZQU(5) of the Crimes Act.

Privacy Act 1988

Item 2 - Subsection 6(1) (paragraph (ka) of the definition of enforcement body )

Subsection 6(1) of the Privacy Act 1988 , defines ‘enforcement body’ by reference to a number of Commonwealth, State and Territory government agencies responsible for enforcing laws or protecting public revenue.  The term ‘enforcement body’ is used in the National Privacy Principles contained in Schedule 3 to the Act, and appears in relation to the law enforcement exemptions to the use and disclosure, and access and correction obligations, in those National Privacy Principles.

Item 2 amends the Privacy Act 1988 to make the IBAC an enforcement agency under that Act and to remove the Office of Police Integrity from that Act to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Taxation Administration Act 1953

Item 3 - Paragraph 355-70(4)(i)

The Taxation Administration Act 1953 allows the Australian Taxation Office to disclose taxpayer protected information to a range of specific law enforcement agencies for law enforcement purposes (such as investigating serious offences and enforcing the law). 

Item 3 amends subsection 355-70(4) of the Taxation Administration Act 1953 to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

 

 

Telecommunications (Interception and Access) Act 1979

Item 4 - Subsection 5(1) (paragraph (ea) of the definition of certifying officer )

The definition of ‘certifying officer’ in paragraph 5(1)(ea) of the TIA Act refers to both a designated officeholder who is authorised under the TIA Act to perform certain functions and persons who are authorised in writing by that designated officeholder to perform certain functions on their behalf. 

Item 4 replaces paragraph 5(1)(ea) to amend the definition of ‘certifying officer’ to reflect the establishment of the IBAC and abolition of the OPI in the State of Victoria. 

Item 5 - Subsection 5(1) (paragraph (eb) of the definition of chief officer )

The definition of ‘chief officer’ in paragraph 5(1)(eb) of the TIA Act refers to the designated officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State who has certain functions under the TIA Act in relation to that agency or authority. 

Item 5 amends the definition of ‘chief officer’ to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.  This amendment ensures that the functions under the TIA Act that applied to the Director, Policy Integrity will apply to the Commissioner of the IBAC.

Item 6 - Subsection 5(1) (definition of Director, Police Integrity )

Item 6 removes the definition of ‘Director, Police Integrity’ from subsection 5(1) of the TIA Act, made redundant through the commencement of the IBAC Amendment Act and the abolition of the OPI.

Item 7 - Subsection 5(1) (paragraph (ba) of the definition of eligible authority )

Under section 34 of the TIA Act, the Minister may, by legislative instrument and, at the request of the Premier of a State, declare an eligible authority of that State to be an agency for the purposes of the Act. 

Item 7 amends the current definition of ‘eligible authority’ to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.  This amendment identifies the IBAC as being an eligible authority meaning the Minister can declare the IBAC to be an interception agency where the preconditions for declaration set out in section 35 of the TIA Act are met. 

Item 8 - Subsection 5(1) (paragraph (h) of the definition of enforcement agency )

The definition of ‘enforcement agency’ in paragraph 5(1)(h) refers to the Commonwealth and State agencies who can exercise the powers and responsibilities of enforcement agencies under the TIA Act.  These powers include the ability to apply for a stored communications warrant under section 110 of the TIA Act and to authorise disclosure of telecommunications data under sections 178, 179 and 180 of the TIA Act. 

Item 8 amends the current definition of ‘enforcement agency’ to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

 

Item 9 - Subsection 5(1)

Following the passage of legislation in the State of Victoria that established the Independent Broad-based Anti-corruption Commission (IBAC), Item 9 inserts a new definition of ‘IBAC’ into subsection 5(1) of the TIA Act.  IBAC is defined to mean the Independent Broad-based Anti-corruption Commission established by the Independent Broad-based Anti-corruption Commission Act 2011 (IBAC Act) of Victoria. 

Item 10 - Subsection 5(1)

Item 10 inserts a new definition of the ‘IBAC Act’ into subsection 5(1) of the TIA Act. The IBAC Act is defined to mean the Independent Broad-based Anti-corruption Commission Act 2011 of Victoria.

Item 11 - Subsection 5(1)

Item 11 inserts a new definition of ‘IBAC officer’ into subsection 5(1) of the TIA Act.  An IBAC officer is defined to mean a person who is an IBAC Officer within the meaning of the IBAC Act of Victoria.

Item 12 - Subsection 5(1) (definition of member of the staff of the Office of Police Integrity )

Item 12 removes the definition of ‘member of staff of the Office of Police Integrity’ from subsection 5(1) of the TIA Act, made redundant through the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Item 13 - Subsection 5(1) (definition of Office of Police Integrity )

Item 13 removes the definition of ‘Office of Police Integrity’ from subsection 5(1) of the TIA Act, made redundant through the introduction of the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Item 14 - Subsection 5(1) (paragraph (eb) of the definition of officer )

The definition of ‘officer’ in paragraph 5(1)(eb) of the TIA Act refers to the designated officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State who has certain functions under the TIA Act in relation to that agency or authority. 

Item 14 amends the definition of ‘officer’ to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.  This amendment ensures that the functions under the TIA Act that applied to an officer of the Office of Police Integrity will apply to a person who is an IBAC officer within the meaning of the IBAC Act.

Item 15 - Subsection 5(1) (paragraph (f) of the definition of permitted purpose )

The definition of ‘permitted purpose’ in subsection 5(1) of the TIA Act refers to the circumstances in which an eligible Commonwealth or State authority can communicate, use or make a record of lawfully intercepted information or interception warrant information under the TIA Act.  The circumstances include the functions of each eligible authority as set out in their governing legislation.

Item 15 amends the definition to replace the references to the OPI with the IBAC and its functions as set out in the IBAC Act.  Under the IBAC Act the IBAC has broader responsibilities than the OPI.  This amendment will permit the IBAC to communicate, use or make a record of lawfully intercepted information or interception warrant information for the investigation of corrupt conduct or police personnel conduct (both within the meaning of the IBAC Act) as well as by a report (including a special report) or recommendation resulting from these investigations.

Item 16 - Subsection 5(1) (definition of Police Integrity Act )

Item 16 removes the definition of ‘Police Integrity Act’ from subsection 5(1) of the TIA Act.

Item 17 - Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation )

The definition of ‘prescribed investigation’ in subsection 5(1) of the TIA Act refers to the circumstances in which an investigation is prescribed in relation to an eligible authority and as a result is an investigation of an offence for the purposes of section 6A of the TIA Act. 

Item 17 amends paragraph 5(1)(cb) of the TIA Act to replace the reference to the OPI and investigations in the performance of the Director, Police Integrity’s functions with the IBAC and investigations that the IBAC is conducting in the performance of its functions under the IBAC Act.

Item 18 - Subsection 5(1) (paragraph (eb) of the definition of relevant offence )

The definition of ‘relevant offence’ in subsection 5(1) of the TIA Act refers to the offences for which the chief officer of an agency can communicate information obtained by the agency to an eligible authority under section 68 of the TIA Act. 

Item 18 replaces the OPI in the definition of relevant offence with the IBAC to ensure that the IBAC can disclose or receive existing information that relates, or appears to relate, to the commission of a relevant offence.

Item 19 - Subsection 5(1) (definition of Whistleblowers Protection Act )

Item 19 removes the definition of ‘Whistleblowers Protection Act’ from subsection 5(1) of the TIA Act.

Item 20 - Subsection 5AC(7)

Subsection 5AC(7) of the TIA Act expressly confers powers on designated officers to authorise other persons to act on their behalf as a ‘certifying officer’ for the purposes of the TIA Act. 

Item 20 amends the subsection to ensure that the Commissioner of the IBAC can authorise, in writing, an IBAC officer who occupies an office or position at an equivalent level to that of an executive (within the meaning of the Public Administration Act 2004 of Victoria) to be a certifying officer of the IBAC for the purposes of the TIA Act. 

Item 21 - Paragraph 5B(1)(i)

Under section 74 of the TIA Act, a person may give lawfully intercepted information (other than foreign intelligence information) in evidence in an exempt proceeding.  Subsection 5B(1) of the TIA Act defines ‘exempt proceeding’.

Item 21 amends the current definition of ‘exempt proceeding’ to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Item 22 - Subparagraph 6A(1)(c)(viii)

Subsection 6A(1) of the TIA Act defines the meaning of an ‘investigation of an offence’.

Item 22 amends the current definition of an ‘investigation of an offence’ at subparagraph 6A(1)(c)(viii) of the TIA Act to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI .

Item 23 - Paragraph 6L(2)(ba)

Subsection 6L(2) of the TIA Act defines the meaning of ‘relevant proceeding’.

Item 23 amends the current definition of ‘relevant proceeding’ at subparagraph 6L(2)(ba) to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Item 24 - Paragraph 39(2)(ea)

Subsection 39(2) lists the classes of persons within an agency who are eligible to make an interception warrant application on behalf of the agency.

Item 24 amends paragraph 39(2)(ea) to reflect the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.

Item 25 - Paragraph 68(ec)

Section 68 of the TIA Act provides that a chief officer of an agency may communicate lawfully intercepted information that was obtained by that agency or interception warrant information in prescribed circumstances. 

Item 25 amends paragraph 68(ec) of the TIA Act to include the IBAC.  This means that the chief officer of an agency can communicate to the Commissioner of the IBAC lawfully intercepted information that was originally obtained by the originating agency or interception warrant information if the information relates, or appears to, relate to a matter that may give rise to an investigation by the Commissioner of the IBAC. 

Part 2 - Application and transitional provisions

Item 26 - Interpretation

Item 26 provides that the definition of ‘Principal Act’ in Part 2 of Schedule 1 of this Bill means the Telecommunications (Interception and Access) Act 1979 .

Item 27 - Application of item 1

Item 27 is an application provision.  Item 1 will include the IBAC in the definition of a State or Territory law enforcement agency for the purposes of subsection 3ZQU(5) of the Crimes Act.  Item 27 clarifies that a document produced or an item seized before, on or after the commencement of Item 1 can be provided to the IBAC on or after the commencement of Item 27. 

This will mean that a constable or Commonwealth officer can share a document or seized item with the IBAC even if the document or item was produced or seized prior to the inclusion of the IBAC in the definition of State or Territory law enforcement agency in paragraph 3ZQU(7)(e) of the Crimes Act.

Item 28 - Application of items 2 and 3

Item 28 is an application provision.  It clarifies that Items 2 and 3 of this Schedule apply to any disclosures made or information acquired by the OPI under the Privacy Act 1988 or the Taxation Administration Act 1953 on or after the commencement of this item.

Item 29 - Things shared with Office of Police Integrity under the Crimes Act 1914

Item 29 is a transitional provision.  Sub-item 29(1) provides that the item applies to things or documents that were made available to the OPI before, on or after the commencement of this item.  This item commences on the later of the day this Act receives Royal Assent and the day the IBAC Amendment Act receives Royal Assent. 

Sub-item 29(2) allows the OPI to share the things or documents referred to in sub-item 29(1) with the IBAC, on or after the commencement of this item.  The thing or document may then only be used by the IBAC for the purposes mentioned in subsection 3ZQU(5) of the Crimes Act, which includes preventing, investigating or prosecuting an offence against a law of a State or Territory.  This ensures the IBAC has access to such material to support investigations. 

Item 30 - Information disclosed to Office of Police Integrity under the Taxation Administration Act 1953

Item 30 is a transitional provision.  It provides that an officer of OPI may disclose information which was disclosed to it under an exception in subdivision 355B of the Taxation Administration Act 1953 to the IBAC for a purpose specified in the exception or in connection with a purpose specified in the exception. 

Item 31 - Transitioning actions etc. of Office of Police Integrity

Sub item (1) of Item 31 provides that any actions, activities or functions undertaken by the OPI under the TIA Act before the provisions relating to the IBAC commence continue to have effect as if they were undertaken or authorised by the IBAC.  These provisions ensure that investigations on foot and requirements under the TIA Act applicable at the time the Police Integrity Act 2008 of Victoria is repealed continue to have effect. 

Sub item (2) of Item 30 provides that items 32-36 and 38-40 do not limit sub item (1) of Item 31.

Item 32 - Warrants issued to Office of Police Integrity

Item 32 provides that a warrant issued to the OPI under the TIA Act before the commencement of this item, that was in force immediately before the commencement of this item, will remain in force (and may be dealt with) on and after the commencement of this provision as if it had been issued to the IBAC.  This ensures that a warrant issued to the OPI remains valid notwithstanding the abolition of the Office of Police Integrity under the IBAC Amendment Act.   

This provision applies to both interception warrants and stored communication warrants.

Item 33 - Authorisations made by Office of Police Integrity

Item 33 provides that an authorisation made by an authorised officer of the Office of Police Integrity under Division 4 of Part 4-1 of the TIA Act before the commencement of this item, that was in force immediately before the commencement of this item, will remain in force (and may be dealt with) on and after the commencement of this provision as if it had been made by an authorised officer of the IBAC.  This ensures that an authorisation issued by the Office of Police Integrity remains valid notwithstanding the abolition of the Office of Police Integrity under the IBAC Amendment Act.

Item 34 - Evidentiary certificates for actions of officers etc. of Office of Police Integrity

Item 34 provides that an evidentiary certificate issued by a certifying officer of the Office of Police Integrity under sections 61, 130 or 185C of the TIA Act before the commencement of this item, that was in force immediately before the commencement of this item, will remain in force (and may be dealt with) on and after the commencement of this provision as if it had been issued by a certifying officer of the IBAC.  This ensures that evidentiary certificates issued by the Office of Police Integrity remain valid notwithstanding the abolition of the Office of Police Integrity under the IBAC Amendment Act.

Item 35 - Evidentiary certificates for warrants issued to Office of Police Integrity

Item 35 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate under sections 61 or 129 of the TIA Act, after the commencement of this item, in relation to acts or things done, before that commencement, to enable the execution of a warrant issued to the Office of Police Integrity before that commencement.  Such an evidentiary certificate may be dealt with as if it had been issued in relation to a warrant issued to the IBAC.

Item 36 - Evidentiary certificates for authorisations made by Office of Police Integrity

Item 36 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate under section 185A of the TIA Act, after the commencement of this item, in relation to acts or things done, before that commencement, to enable the disclosure of information or documents covered by an authorisation made by the Office of Police Integrity under Division 4 of Part 4-1 of the TIA Act before that commencement.  Such an evidentiary certificate may be dealt with as if it had been issued in relation to an authorisation issued to the IBAC.

Item 37 - Information intercepted etc. by Office of Police Integrity

Sub item 37(1) provides that the Director, Police Integrity may communicate to the IBAC, any information acquired by the OPI under the TIA Act which is in the OPI’s possession before, on or after the commencement of this item. 

Information may include:

a)       Lawfully intercepted information;

b)       Interception warrant information;

c)       Lawfully accessed information;

d)      Stored communications warrant information;

e)       Information or documents voluntarily disclosed to the OPI under section 177 of the TIA Act; and

f)        Information or documents disclosed under an authorisation made under Division 3 or 4 of Part 4-1 of the TIA Act.

Sub item 37(2) provides that nothing in the TIA Act prevents the Director, Police Integrity from communicating that information to the IBAC, on or after that commencement.

Item 38 - Preservation notices issued by Office of Police Integrity

Item 38 provides that a domestic preservation notice for the preservation of stored communications, issued by the Office of Police Integrity under the TIA Act before the commencement of this item, that was in force immediately before commencement continues to be in force (and may be dealt with) on and after that commencement as if it had been issued by the IBAC. This ensures that a preservation notice issued by the Office of Police Integrity remains valid notwithstanding the abolition of the Office of Police Integrity under the IBAC Amendment Act.

Item 39 - Evidentiary certificates for preservation notices relating to actions of officers etc. of Office of Police Integrity

Item 39 provides that an evidentiary certificate issued by a certifying official of the Office of Police Integrity under section 107U of the TIA Act before the commencement of this item, that was in force immediately before the commencement of this item, will remain in force (and may be dealt with) on and after the commencement of this provision as if it had been issued by a certifying official of the IBAC.  This ensures that an evidentiary certificate issued by the Office of Police Integrity remains valid notwithstanding the abolition of the Office of Police Integrity under the IBAC Amendment Act.

Item 40 - Evidentiary certificates for preservation notices issued by Office of Police Integrity

Item 40 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate under section 107T of the TIA Act, after the commencement of this item, in relation to acts or things done, before that commencement, to enable compliance with a preservation notice issued by the Office of Police Integrity before that commencement.  Such an evidentiary certificate may be dealt with as if it had been issued in order to comply with a preservation notice issued by the IBAC.

Item 41 - Preservation notice information obtained by Office of Police Integrity

Sub item 41(1) provides that this item applies to preservation notice information which was acquired by the Office of Police Integrity before, on or after the commencement of this item.

Sub item 41(2) provides that nothing in the TIA Act prevents the Director, Police Integrity from communicating preservation notice information to the IBAC. 

 

 

Item 42 - Regulations

Item 42 provides that the Governor-General may make regulations in relation to transitional, saving or application matters that relate to the operation of the TIA Act and arise out of the abolition of the Office of Police Integrity or the inclusion of the IBAC as an eligible authority and an enforcement agency for the purposes of the TIA Act.



Schedule 2 - Victorian Inspectorate

Items 1, 3, 8, 9 and 10 - Subsection 5(1)

The definition of ‘chief officer’ in subsection 5(1) of the TIA Act refers to the designated officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State who has certain functions under the TIA Act in relation to that agency or authority.  Item 1 amends the definition of ‘chief officer’ to include the Inspector of the Victorian Inspectorate.

Items 3, 8, 9 and 10 insert new definitions into subsection 5(1) of the TIA that define the terms ‘Inspector of the Victorian Inspectorate’, ‘Victorian Inspectorate’, ‘Victorian Inspectorate Act’ and ‘Victorian Inspectorate officer’. 

The Inspector of the Victorian Inspectorate means the Inspector referred to in section 14 of the Victorian Inspectorate Act and a Victorian Inspectorate officer means a Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act.  The Victorian Inspectorate (VI) means the Victorian Inspectorate established under the Victorian Inspectorate Act, which is the Victorian Inspectorate Act 2011 of Victoria. 

Item 2 - Subsection 5(1) (paragraph (ba) of the definition of eligible authority )

Under section 34 of the TIA Act, the Minister may, by legislative instrument and, at the request of the Premier of a State, declare an eligible authority of that State to be an agency for the purposes of the Act.  Item 2 amends the current definition of ‘eligible authority’ to reflect the passage of Victorian legislation that establishes the VI. 

Item 4 - Subsection 5(1) (after paragraph (eb) of the definition of officer )

The definition of ‘officer’ in subsection 5(1) of the TIA Act refers to the designated officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State who has certain functions under the TIA Act in relation to that agency or authority.  Item 4 amends the definition of ‘officer’ to reflect the establishment of the VI under the Victorian Inspectorate Act 2011 of Victoria.  This amendment ensures that functions under the TIA Act that apply to an officer will apply to a Victorian Inspectorate officer. 

Item 5 - Subsection 5(1) (after paragraph (f) of the definition of permitted purpose )

The definition of ‘permitted purpose’ in subsection 5(1) of the TIA Act refers to the circumstances in which an eligible Commonwealth or State authority can communicate, use or make a record of lawfully intercepted information or interception warrant information under section 67 of the TIA Act.  The circumstances include the functions of each eligible authority as set out in their governing legislation. 

Item 6 - Subsection 5(1) (after paragraph (cb) of the definition of prescribed investigation )

The definition of ‘prescribed investigation’ in subsection 5(1) of the TIA Act refers to the circumstances in which an investigation is prescribed in relation to an eligible authority and as a result is an investigation of an offence for the purposes of section 6A of the TIA Act. 

Item 6 inserts a new paragraph 5(1)(cc) after paragraph (cb) of the definition of prescribed investigation to include an investigation that the VI is conducting in the performance of its functions under the Victorian Inspectorate Act. 

Item 7 - Subsection 5(1) (after paragraph (eb) of the definition of relevant offence )

The definition of ‘relevant offence’ in subsection 5(1) of the TIA Act refers to the offences for which the chief officer of an agency can communicate information obtained by the agency to an eligible authority under section 68 of the TIA Act. 

Item 7 inserts new paragraph 5(1)(ec) after paragraph (eb) of the definition of relevant offence to ensure that the VI can receive information that relates, or appears to relate, to the commission of a prescribed offence that is an offence against the law of Victoria and to which a prescribed investigation relates. 

Item 11 - After paragraph 5B(1)(i)

Under section 74 of the TIA Act, a person may give lawfully intercepted information (other than foreign intelligence information) in evidence in an exempt proceeding.  Subsection 5B(1) of the TIA Act defines ‘exempt proceeding’.

Item 11 amends the current definition of ‘exempt proceeding’ to include a proceeding of the Victorian Inspectorate following the passage of the Victorian Inspectorate Act. 

Item 12 - After subparagraph 6A(1)(c)(viii)

Subsection 6A(1) of the TIA Act defines the meaning of an ‘investigation of an offence’.

Item 12 amends the current definition to include reference to the VI by inserting subparagraph 6A(1)(c)(ix) into the TIA Act following the passage of the Victorian Inspectorate Act.

Item 13 - Paragraph 6L(2)(ba)

Subsection 6L(2) of the TIA Act defines the meaning of ‘relevant proceeding’. 

Item 13 amends subsection 6L(2)(ba) of the TIA Act to include the VI in the definition of a relevant proceeding in relation to an agency, or an eligible authority of a State, following the passage of the Victorian Inspectorate Act. 

Item 14 - After paragraph 68(ec)

Section 68 of the TIA Act provides that a chief office of an agency may communicate lawfully intercepted information that was obtained by that agency or interception warrant information in prescribed circumstances. 

Item 14 amends section 68 of the TIA Act to insert subparagraph (ed) to include the VI.  This means that the chief officer of an agency can communicate to the VI lawfully intercepted information that was originally obtained by the originating agency or interception warrant information if the information relates, or appears to, relate to a matter that may give rise to an investigation by the VI. 

 



Schedule 3 - Public Interest Monitor

Part 1 - Amendments

Telecommunications (Interception and Access Act 1979)

Schedule 3 amends the TIA Act to enable the Victorian PIM to access relevant information and to appear at applications for interception warrants by Victorian agencies.

Telecommunications (Interception and Access Act 1979)

Item 1 - Subsection 5(1) (definition of deputy PIM )

Subsection 5(1) of the TIA Act defines ‘deputy PIM’ to mean a person appointed as a deputy  public interest monitor appointed under either or both of the Crime and Misconduct Act 2001 of Queensland and the Police Powers and Responsibilities Act 2000 of Queensland.

Victoria has recently established a PIM under the Public Interest Monitor Act 2011 of Victoria, who has oversight functions in relation to several Acts, including the Telecommunications (Interception)(State Provisions) Act 1998 of Victoria.

Item 1 inserts the words, “ in relation to Queensland,” into the definition of ‘deputy PIM’ to clarify that the definition of ‘deputy PIM’ only applies in relation to Queensland, and not Victoria.

Item 2 - Subsection 5(1) (definition of PIM )

Subsection 5(1) of the TIA Act defines the ‘PIM’ to mean a public interest monitor appointed under either or both of the Crime and Misconduct Act 2001 of Queensland and the Police Powers and Responsibilities Act 2000 of Queensland. 

Victoria has recently established a PIM under the Public Interest Monitor Act 2011 of Victoria, who has oversight functions in relation to several Acts, including the Telecommunications (Interception)(State Provisions) Act 1998 of Victoria. 

Item 2 inserts a new definition of ‘PIM’ into subsection 5(1) of the TIA Act.  PIM is defined to mean a person appointed under the relevant legislation in either Victoria or Queensland. 

Item 3 - Paragraph 35(1)(ha)

Section 35 of the TIA Act sets out preconditions that must be met by State legislation before the Minister may declare, under section 34, an eligible authority to be an agency for the purposes of the TIA Act.  Paragraph 35(1)(ha) requires that a person who performs a function or exercises a power under new section 45 must not carry out inspections of the records of eligible authorities.  This is to ensure that under State legislation the functions of a PIM and the function of inspecting interception agencies’ records are carried out by separate bodies.

Item 3 inserts the words “44A or” after “section” in paragraph 35(1)(ha).  This will provide that, as is the case with the Queensland PIM, the Victorian PIM cannot inspect the records of its State’s eligible authorities.  That role is to be undertaken by the VI as provided for in Schedule 2 to the Bill.

 

Item 4 - After section 44

Division 3 of Part 2-5 of Chapter 2 of the TIA Act deals with applications for interception warrants that authorise agencies to intercept communications.  Section 39 of the TIA Act sets out the conditions an eligible agency must meet in order to apply for an interception warrant. 

Item 4 inserts new section 44A after section 44 of the TIA Act. 

New section 44A provides the ability for the Victorian PIM to make submissions to interception warrant issuing authorities or to question certain persons if a Victorian interception agency applies to an eligible Judge or nominated AAT member for an interception warrant under section 39 of the TIA Act.

New subsection 44A(1) provides the scope of the PIM’s powers under section 44A, which apply when a Victorian interception agency applies to a Judge or nominated AAT member for an interception warrant. 

New subsection 44A(2) sets out the issues on which the Victorian PIM may make submissions to the eligible Judge or nominated AAT member.

New paragraph 44A(2)(a) provides that in relation to an application for a telecommunications service interception warrant, the PIM may make submissions in relation to the matters at paragraphs 46(2)(a) - (f) to which the an eligible Judge or nominated AAT member must have regard to when deciding whether or not to issue a warrant.  The Victorian PIM may be present when a Victorian interception agency applies for an interception warrant in order to make oral or written submissions to the eligible Judge or nominated AAT member.

New paragraph 44A(2)(b) provides that in relation to an application for a named person service interception warrant, the Victorian PIM may make submissions in relation to the matters at paragraphs 46A(2)(a) - (f) to which the eligible Judge or nominated AAT member must have regard to when deciding whether or not to issue a warrant.

New subsection 44A(3) provides that for the purposes of making submissions under subsection 44A(2) a Victorian PIM may question certain persons in the presence of the eligible Judge or nominated AAT member.

New paragraph 44A(3)(a) provides that the Victorian PIM may question the person making the application for warrant on behalf of the agency.

New paragraph 44A(3)(b) provides that the Victorian PIM may question a person who, in connection with an application for a warrant, is required to give information under oath to the eligible Judge or nominated AAT member pursuant to section 44 of the TIA Act.

Item 5 - Subsection 45(2)

Item 5 amends subsection 45(2) to clarify that section 45 applies only in respect of the Queensland PIM and interception warrant applications made by Queensland interception agencies. 

Item 6 - Subsection 45(3)

Item 6 amends subsection 45(3) to clarify that section 45 applies only in respect of the Queensland PIM and interception warrant applications made by Queensland interception agencies.

Item 7 - Subsections 45(4) and (5)

Item 7 repeals existing subsections 45(4) and (5) and substitutes new subsections 45(4) and (5).

New subsection 45(4) provides the same substantive power for the Queensland PIM to delegate their powers to a deputy, provided the delegation is in writing, as in the repealed subsection 45(4).  The amendment is necessary to clarify that the provision applies only to the Queensland PIM and not to the PIM of another State.

New subsection 45(5) provides the same substantive requirement that a Queensland deputy PIM must comply with any directions of a Queensland PIM, as the repealed subsection 45(5). The amendment is necessary to clarify that the provision applies only to the Queensland PIM and not to the PIM of another State.

Item 8 - Section 45A

Section 45A of the TIA Act states that the TIA Act is not intended to affect the operation of Queensland law which authorises or requires the PIM to be provided with certain notification, information or documentation in relation to a proposed, or actual, interception warrant application. 

Item 8 repeals existing section 45A and substitutes a new section 45A that covers both Queensland and Victorian law. 

New section 45A preserves the validity of any Queensland or Victorian law that requires Queensland or Victorian interception agencies to notify the PIM of an intention to apply for an interception warrant and to provide relevant information, or which requires Queensland or Victorian interception agencies to notify the PIM that an actual application will be made and to provide the PIM with relevant information. 

New section 45A provides that nothing in the TIA Act can prevent the applicant from notifying the PIM of any application or proposed application or giving any document that relates to an application or proposed application to the PIM of that State, provided that the notifications or giving of documents is consistent with Victorian or Queensland State law.

Item 9 - After paragraph 46(2)(f)

Subsection 46(2) of the TIA Act set out an exhaustive list of matters to which an eligible Judge or nominated AAT member must have regard when considering whether to issue a warrant.

Item 9 inserts new paragraph 46(2)(fa) into subsection 46(2) of the TIA Act. 

New paragraph 46(2)(fa) provides that when deciding whether or not to issue a telecommunications service interception warrant to a Victorian interception agency, the eligible Judge or nominated AAT member must have regard to any submissions made by the Victorian PIM.

Item 10 - Paragraph 46(2)(g)

Item 10 amends paragraph 46(2)(g) to clarify that paragraph 45(2)(g) applies only in respect of the Queensland PIM and telecommunications service interception warrant applications made by Queensland interception agencies.

 

Item 11 - After paragraph 46A(2)(f)

Subsection 46A(2) of the TIA Act set out an exhaustive list of matters to which the eligible Judge or nominated AAT member must have regard when considering whether to issue a warrant.

Item 11 inserts new paragraph 46A(2)(fa) into subsection 46A(2) of the TIA Act. 

New paragraph 46A(2)(fa) provides that when deciding whether or not to issue a named person warrant to a Victorian interception agency, the eligible Judge or nominated AAT member must have regard to any submissions made by the Victorian PIM.

Item 12 - Paragraph 46A(2)(g)

Item 12 amends paragraph 46A(2)(g) to clarify that paragraph 45A(2)(g) applies only in respect of the Queensland PIM and named person warrant applications made by Queensland interception agencies.

Part 2 - Saving provision

Item 13 - Saving provision for Item 7

Item 7 repeals existing subsections 45(4) and (5) and substitutes new subsections 45(4) and (5).  The substituted provisions have the same purpose as the repealed provisions.

Item 13 provides that despite the repeal of subsection 45(4) of the TIA Act any delegation made by the PIM under that subsection that was in force at the time of the repeal of previous subsection 45(4) will continue in force after the commencement of Item 7.  Any such delegation will operate as if the delegation was made for the purposes of new subsection 45(4) as amended by Schedule 3 to this Bill.  

This will ensure that the Deputy Queensland PIM’s delegation will continue to operate as if uninterrupted.

Any such saved delegation may also be dealt with as if made for the purposes of new subsection 45(4) as amended by Schedule 3 to this Bill.