Telecommunications (Interception) Amendment Act 1979 (Cth)

Telecommunications (Interception) Amendment Act 1979

No. 181 of 1979

An Act to amend the Telecommunications (Interception) Act 1979 for and in relation to the conferring of powers on the Australian Federal Police in respect of narcotics offences.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Telecommunications (Interception) Amendment Act 1979.

(2) The Telecommunications (Interception) Act 1979 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Australian Security Intelligence Organization Act 1979 comes into operation.

Interpretation

3. Section 5 of the Principal Act is amended—

(a) by inserting after the definition of “commission” in sub-section (1) the following definition:

“‘Commissioner of Police’ means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting Commissioner of Police;”;

(b) by omitting from sub-section (1) the definitions of “Comptroller-General of Customs” and “officer of Customs”;

(c) by inserting after the definition of “Managing Director of the Commission” in sub-section (1) the following definition:

“‘member of the Australian Federal Police’ includes a special member of the Australian Federal Police;”; and

(d) by omitting from sub-section (4) “or the Comptroller-General of Customs”.

Telecommunications not to be intercepted

4. Section 7 of the Principal Act is amended—

(a) by omitting sub-paragraph (i) of paragraph (b) of sub-section (5) and substituting the following sub-paragraph:

“(i) where the information relates, or appears to relate, to the commission, or intended commission, of an offence against the law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years—information may be communicated to a member of the Australian Federal Police for the purposes of investigations into the offence or to an officer of the Police Force of a State or Territory, as the case may be; or”; and

 

(b) by omitting paragraph (c) of sub-section (5) and substituting the following paragraph:

“(c) a member of the Australian Federal Police, or an officer of the Police Force of a State or Territory, may, in the course of performing his duties as such a member or officer, communicate to another member of the Australian Federal Police or to another officer of that Police Force, as the case may be, information that was communicated to him in accordance with paragraph 18(3)(a) or (b) of the Australian Security Intelligence Organization Act 1979 or with sub-paragraph (b)(i) of this sub-section.”.

Inspection of telegrams

5. Section 8 of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (4) “the Comptroller-General of Customs or his Department” and substituting “the Commissioner of Police or the Australian Federal Police”.

Heading to Part IV

6. The heading to Part IV of the Principal Act is amended by omitting “THE CUSTOMS” and substituting “THE AUSTRALIAN FEDERAL POLICE”.

Manner in which warrants, &c., to be dealt with

7. Section 25 of the Principal Act is amended by omitting from sub-section (3) “his Department” and substituting “the Australian Federal Police”.

Reports to be made to Minister concerning use of listening devices

8. Section 27 of the Principal Act is amended by omitting from sub-section (2) “a report in writing on the extent to which the interception of communications, or the inspection of telegrams, as the case may be, in pursuance of the warrant has assisted officers of Customs in narcotics inquiries that are being, or have been, made by officers of Customs” and substituting “a report in writing with respect to the use made by members of the Australian Federal Police of information obtained by intercepting communications or inspecting telegrams, as the case may be, in pursuance of the warrant and the communication of any information so obtained to persons other than members of the Australian Federal Police”.

Formal amendments

9. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 9

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting “Comptroller-General of Customs” (wherever occurring) and substituting “Commissioner of Police”:

Sections 7 (5), 8 (3), 21 (1), 22 (1) and (2), 23, 24, 25 (1), (2) and (3) and 27 (l) and (2).

2. The following provisions of the Principal Act are amended by omitting “an officer of Customs” (wherever occurring) and substituting “a member of the Australian Federal Police”:

Sections 7 (5), 8 (1), 20 (1), 21 (1) and 22 (1).

3. The following provisions of the Principal Act are amended by omitting “officers of Customs” (wherever occurring) and substituting “members of the Australian Federal Police”:

Sections 5 (3), 7 (4), 8 (3), 20 (1), 21 (1), 22 (1) and 24.