Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

SCHEDULE

2010-2011-2012

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

___________________

 

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

 

SCHEDULE OF THE AMENDMENT(S) AGREED TO BY

THE FEDERATION CHAMBER

 

___________________

 

( 1 )     Clause 2, page 4 (at the end of the table), add:

11.  Schedule 4

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day the Independent Commissioner Against Corruption Act 2012 of South Australia commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

[Independent Commissioner Against Corruption]

(2)     Page 21 (after line 8), at the end of the Bill, add:

Schedule 4 Independent Commissioner Against Corruption

   

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1) (after paragraph (i) of the definition of certifying officer )

Insert:

                 (ia)    in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a person authorised to be a certifying officer for the Independent Commissioner Against Corruption under subsection 5AC(9A); or

 

2  Subsection 5(1) (after paragraph (l) of the definition of chief officer )

Insert:

                 (la)    in the case of the Independent Commissioner Against Corruption—the Independent Commissioner Against Corruption; or

3  Subsection 5(1) (at the end of the definition of eligible authority )

Add:

            ; or (e)    in the case of South Australia—the Independent Commissioner Against Corruption.

4  Subsection 5(1) (after paragraph (j) of the definition of enforcement agency )

Insert:

                 (ja)    the Independent Commissioner Against Corruption; or

5  Subsection 5(1)

Insert:

Independent Commissioner Against Corruption means the person who is the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act).

6  Subsection 5(1)

Insert:

Independent Commissioner Against Corruption Act means the Independent Commissioner Against Corruption Act 2012 of South Australia.

7  Subsection 5(1)

Insert:

member of the staff of the Independent Commissioner Against Corruption means a person who is engaged under subsection 10(1) of the Independent Commissioner Against Corruption Act.

8  Subsection 5(1) (at the end of the definition of officer )

Add:

           ; or (m)    in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a member of the staff of the Independent Commissioner Against Corruption.

9  Subsection 5(1) (at the end of the definition of permitted purpose )

Add:

             ; or (i)    in the case of the Independent Commissioner Against Corruption:

                              (i)  an investigation under the Independent Commissioner Against Corruption Act into corruption in public administration (within the meaning of that Act); or

                             (ii)  a report on such an investigation.

10  Subsection 5(1) (at the end of the definition of prescribed investigation )

Add:

            ; or (k)    in the case of the Independent Commissioner Against Corruption—means an investigation that the Independent Commissioner Against Corruption is conducting in the performance of the Commissioner’s functions under the Independent Commissioner Against Corruption Act.

11  Subsection 5(1) (at the end of the definition of relevant offence )

Add:

           ; or (m)    in the case of the Independent Commissioner Against Corruption—a prescribed offence that is an offence against the law of South Australia and to which a prescribed investigation relates.

12  After subsection 5AC(9)

Insert:

        (9A)  The Independent Commissioner Against Corruption may authorise, in writing, a member of the staff of the Independent Commissioner Against Corruption who occupies an office or position at an equivalent level to that of an executive employee (within the meaning of the Public Sector Act 2009 of South Australia) to be a certifying officer of the Independent Commissioner Against Corruption.

13  After paragraph 5B(1)(kb)

Insert:

                 (kc)    a proceeding of the Independent Commissioner Against Corruption; or

14  At the end of paragraph 6A(1)(c)

Add:

                         ; (xii)  the Independent Commissioner Against Corruption.

15  At the end of subsection 6L(2)

Add:

            ; or (e)    in the case of the Independent Commissioner Against Corruption—a reference to a proceeding by way of prosecution for a prescribed offence:

                              (i)  that is an offence against the law of South Australia; and

                             (ii)  to which a prescribed investigation relates or related.

16  At the end of subsection 39(2)

Add:

             ; or (j)    in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a member of the staff of the Independent Commissioner Against Corruption.

17  After paragraph 68(j)

Insert:

                 (ja)    if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Independent Commissioner Against Corruption—to the Independent Commissioner Against Corruption; and

[Independent Commissioner Against Corruption]

 

 

 

 

 

 

 

Clerk of the Federation Chamber

      May 2012