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Telecommunications Interception Legislation Amendment Bill 2008

Schedule 1 Surveillance Devices Act 2004

   

1  Subsection 6(1) (subparagraph (a)(iii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                            (iii)  a person authorised to be an appropriate authorising officer of the Australian Federal Police under subsection 6A(1); and

2  Subsection 6(1) (subparagraph (aa)(iii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                            (iii)  a person authorised to be an appropriate authorising officer of ACLEI under subsection 6A(2); and

3  Subsection 6(1) (subparagraph (b)(ii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                             (ii)  a person authorised to be an appropriate authorising officer of the Australian Crime Commission under subsection 6A(3); and

4  Subsection 6(1) (subparagraph (d)(ii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                             (ii)  a person authorised to be an appropriate authorising officer of the New South Wales Crime Commission under subsection 6A(4); and

5  Subsection 6(1) (subparagraph (e)(iii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                            (iii)  a person authorised to be an appropriate authorising officer of the Independent Commission Against Corruption under subsection 6A(5); and

6  Subsection 6(1) (subparagraph (f)(iii) of the definition of appropriate authorising officer )

Repeal the subparagraph, substitute:

                            (iii)  a person authorised to be an appropriate authorising officer of the Police Integrity Commission under subsection 6A(6); and

7  Subsection 6(1) (subparagraph (aa)(iii) of the definition of law enforcement officer )

Repeal the subparagraph, substitute:

                            (iii)  a person authorised to be a law enforcement officer of ACLEI under section 6B; or

8  After section 6

Insert:

6A   Authorisation of appropriate authorising officers

             (1)  The Commissioner of Police may authorise, in writing, a senior executive AFP employee to be an appropriate authorising officer of the Australian Federal Police.

             (2)  The Integrity Commissioner may authorise, in writing, a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ) who is an SES employee to be an appropriate authorising officer of ACLEI.

             (3)  The Chief Executive Officer of the Australian Crime Commission may authorise, in writing, a member of the staff of the Commission who is an SES employee to be an appropriate authorising officer of the Commission.

             (4)  The Commissioner of the New South Wales Crime Commission may authorise, in writing, a member of staff of the Commission (as defined by the New South Wales Crime Commission Act 1985 of New South Wales) who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be an appropriate authorising officer of the Commission.

             (5)  The Commissioner for the Independent Commission Against Corruption may authorise, in writing, an officer of the Commission (as defined by the Independent Commission Against Corruption Act 1988 of New South Wales) who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be an appropriate authorising officer of the Commission.

             (6)  The Commissioner for the Police Integrity Commission may authorise, in writing, a member of the staff of the Commission (as defined by the Police Integrity Commission Act 1996 of New South Wales) who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be an appropriate authorising officer of the Commission.

6B   Authorisation of law enforcement officer

                   The Integrity Commissioner may authorise, in writing, a staff member of ACLEI to be a law enforcement officer of ACLEI.

9  Transitional provision—appropriate authorising officer

(1)       This item applies to an authorisation in force, immediately before the commencement of this item, under one of the following provisions of the definition of appropriate authorising officer in relation to a law enforcement officer in subsection 6(1) of the Surveillance Devices Act 2004 (as in force at that time):

                     (a)  subparagraph (a)(iii);

                     (b)  subparagraph (aa)(iii);

                     (c)  subparagraph (b)(ii);

                     (d)  subparagraph (d)(ii);

                     (e)  subparagraph (e)(iii);

                      (f)  subparagraph (f)(iii).

(2)       The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under:

                     (a)  in the case of an authorisation under subparagraph (a)(iii) of the definition of appropriate authorising officer —subsection 6A(1) of that Act (as inserted by item 8 of this Schedule); or

                     (b)  in the case of an authorisation under subparagraph (aa)(iii) of the definition of appropriate authorising officer —subsection 6A(2) of that Act (as inserted by item 8 this Schedule); or

                     (c)  in the case of an authorisation under subparagraph (b)(ii) of the definition of appropriate authorising officer —subsection 6A(3) of that Act (as inserted by item 8 of this Schedule); or

                     (d)  in the case of an authorisation under subparagraph (d)(ii) of the definition of appropriate authorising officer —subsection 6A(4) of that Act (as inserted by item 8 of this Schedule); or

                     (e)  in the case of an authorisation under subparagraph (e)(iii) of the definition of appropriate authorising officer —subsection 6A(5) of that Act (as inserted by item 8 of this Schedule); or

                      (f)  in the case of an authorisation under subparagraph (f)(iii) of the definition of appropriate authorising officer —subsection 6A(6) of that Act (as inserted by item 8 of this Schedule).

(3)       To avoid doubt, the amendments made by this Schedule do not affect the validity of anything done before the commencement of this item in relation to, or in reliance on, an authorisation to which this item applies.

10  Transitional provision—law enforcement officer

(1)       This item applies to an authorisation in force, immediately before the commencement of this item, under subparagraph (aa)(iii) of the definition of law enforcement officer in subsection 6(1) of the Surveillance Devices Act 2004 (as in force at that time).

(2)       The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under section 6B of that Act (as inserted by item 8 of this Schedule).

(3)       To avoid doubt, the amendments made by this Schedule do not affect the validity of anything done before the commencement of this item in relation to, or in reliance on, an authorisation to which this item applies.