Telecommunications (Interception) Amendment Act 2004 (Cth)

Telecommunications (Interception) Amendment Act 2004

No. 55, 2004

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

Contents

Telecommunications (Interception) Amendment Act 2004

No. 55, 2004

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

[Assented to 27 April 2004]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Telecommunications (Interception) Amendment Act 2004.

2Commencement

This Act commences on the day after it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Telecommunications (Interception) Act 1979

1. 1

   Subsection 5(1) (after paragraph (ca) of the definition of class 1 offence)

   Insert:

   1. (cb)

      an offence against Division 72, 101, 102 or 103 of the Criminal Code; or

2. 2

   Subsection 5(1) (paragraph (d) of the definition of class 1 offence)

   Omit “or (ca)”, substitute “, (ca) or (cb)”.

3

Subparagraph 5D(3)(d)(x)

Repeal the subparagraph, substitute:

1. (x)

   dealings in firearms or armaments;

4

Subsection 5D(5)

Repeal the subsection, substitute:

Cybercrime offences etc.

1. (5)

   An offence is also a class 2 offence if it is an offence against any of the following provisions:

   1. (a)

      Part 10.7 of the Criminal Code;

   2. (b)

      section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales;

   3. (c)

      section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria;

   4. (d)

      a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c);

   5. (e)

      a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c);

   6. (f)

      section 440A of The Criminal Code of Western Australia.

10

At the end of section 6

Add:

Communications to publicly‑listed ASIO numbers

1. (3)

   In this section, a publicly‑listed ASIO number is a telephone number that:

   1. (a)

      enables members of the public to contact the Organisation; and

   2. (b)

      is listed in:

      1. (i)

         a telephone directory; or

      2. (ii)

         a telephone number database;

   that is available to the public.

2. (4)

   If:

   1. (a)

      a person makes a call to a publicly‑listed ASIO number; and

   2. (b)

      another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call;

the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.

Note: The heading to section 6DA is altered by omitting “for use of listening devices”.

12

At the end of paragraph 15(1A)(b)

Add “and”.

13

After paragraph 15(1A)(b)

Insert:

1. (ba)

   the execution of the warrant will involve the taking of action by the carrier or its employees;

14

At the end of paragraph 15(4)(b)

Add “and”.

15

After paragraph 15(4)(b)

Insert:

1. (ba)

   the execution of the warrant will involve the taking of action by the carrier or its employees;

16

Subsection 55(5)

Omit “subsections (1) and (2)”, substitute “subsection (1)”.

17

Paragraph 60(5)(b)

After “issued”, insert “, or a certifying officer of that agency,”.

18

Subsection 60(5)

After “the chief officer” (last occurring), insert “or the certifying officer”.

[Minister’s second reading speech made in—

House of Representatives on 19 February 2004

Senate on 11 March 2004]

(11/04)