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Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2011

Schedule 3 Disclosure of telecommunications data relating to missing persons

   

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1)

Insert:

missing person information , in relation to a missing person, has the meaning given by section 182.

2  Subsection 5(1)

Insert:

non-missing person information has the meaning given by section 182.

3  After section 178

Insert:

178A   Authorisations for access to existing information or documents—locating missing persons

             (1)  Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure of information or a document if the information or document is covered by an authorisation in force under subsection (2).

             (2)  An authorised officer of the Australian Federal Police, or a Police Force of a State, may authorise the disclosure of specified information or specified documents that came into existence before the time the person from whom the disclosure is sought receives notification of the authorisation.

Note:          Section 184 deals with notification of authorisations.

             (3)  The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for the purposes of finding a person who the Australian Federal Police, or a Police Force of a State, has been notified is missing.

4  Subsection 182(2)

Omit “information or a document”, substitute “non-missing person information”.

5  After subsection 182(2)

Insert:

          (2A)  Paragraph (1)(b) does not apply to a disclosure of missing person information in relation to a missing person if:

                     (a)  the disclosure is reasonably necessary for the purposes of finding the missing person; or

                     (b)  the information is disclosed to the person who notified the Australian Federal Police, or a Police Force of a State, of the missing person and:

                              (i)  the missing person consented to the disclosure; or

                             (ii)  the missing person is unable to consent, and the disclosure is reasonably necessary to prevent a threat to the missing person’s health, life or safety; or

                            (iii)  the missing person is dead.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

6  Subsection 182(3)

Omit “information or a document”, substitute “non-missing person information”.

7  At the end of section 182

Add:

             (4)  Paragraph (1)(b) does not apply to a use of missing person information in relation to a missing person if the use is reasonably necessary for the purposes of finding the missing person.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

             (5)  In this Act:

missing person information , in relation to a missing person, means information or a document that is disclosed under section 178A (locating missing persons) in relation to the person who the Australian Federal Police, or a Police Force of a State, has been notified is missing.

non-missing person information means information or a document that is disclosed as permitted by Division 4, but not under section 178A (locating missing persons).

8  After paragraph 186(1)(a)

Insert:

                    (aa)  the number of authorisations made under section 178A by an authorised officer of the enforcement agency during that year; and

9  Application of this Schedule

The amendments made by this Schedule apply in relation to:

                     (a)  information or documents that come into existence before or after this Schedule commences; and

                     (b)  persons who the Australian Federal Police, or a Police Force of a State, are notified are missing before or after this Schedule commences.