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Schedule 3—Other amendments

Schedule 3 Other amendments

   

Telecommunications (Interception and Access) Act 1979

1  Section 65 (heading)

Omit “ Communicating ”, substitute “ Dealing in ”.

2  Subsection 65(2)

Omit all the words after “this subsection,”, substitute:

                   may:

                     (a)  communicate that information to such persons, and in such manner, as are approved in writing by the Attorney-General; and

                     (b)  use that information for such purposes as are approved in writing by the Attorney-General; and

                     (c)  make a record of that information.

3  After subsection 65(6)

Insert:

          (6A)  An approval under subsection (2) is not a legislative instrument.

4  Section 137 (heading)

Omit “ Communicating ”, substitute “ Dealing in ”.

5  Subsection 137(3)

Omit all the words after “this subsection;”, substitute:

may:

                     (c)  communicate that information to such persons, and in such manner, as are approved in writing by the Attorney-General; and

                     (d)  use that information for such purposes as are approved in writing by the Attorney-General; and

                     (e)  make a record of that information.

6  At the end of section 137

Add:

             (4)  An approval under subsection (3) is not a legislative instrument.

7  Application of amendments and savings

(1)       The amendments made by this Schedule apply in relation to the communication, use or making of records of foreign intelligence information that occurs after the commencement of this Schedule, whether the foreign intelligence information was obtained from interceptions made before or after that commencement.

(2)       Despite the amendments made to subsections 65(2) and 137(3) of the Telecommunications (Interception and Access) Act 1979 made by this Schedule, approvals given under those subsections that are in force immediately before the commencement of this Schedule continue in force after that commencement as if they were made under the relevant subsection (as amended by this Schedule).