Telecommunications (Interception and Access) Amendment Act 2008 (Cth)

Telecommunications (Interception and Access) Amendment Act 2008

No. 23, 2008

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

Contents

Telecommunications (Interception and Access) Amendment Act 2008

No. 23, 2008

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

[Assented to 26 May 2008]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Telecommunications (Interception and Access) Amendment Act 2008.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	26 May 2008
2. Schedule 1, items 1 to 19	The day after this Act receives the Royal Assent.	27 May 2008
3. Schedule 1, items 20 to 25	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	1 July 2008 (see F2008L02096)
4. Schedule 1, items 26 to 34	The day on which this Act receives the Royal Assent.	26 May 2008
5. Schedule 1, item 35	At the same time as the provision(s) covered by table item 3.	1 July 2008
6. Schedule 1, item 36	The day on which this Act receives the Royal Assent.	26 May 2008
7. Schedule 1, item 37	At the same time as the provision(s) covered by table item 3.	1 July 2008
8. Schedule 1, items 38 and 39	The day on which this Act receives the Royal Assent.	26 May 2008
9. Schedule 1, item 39A	At the same time as the provision(s) covered by table item 3.	1 July 2008
10. Schedule 1, items 40 to 43	The day on which this Act receives the Royal Assent.	26 May 2008
11. Schedule 1, item 43A	1 July 2008.	1 July 2008
12. Schedule 1, items 44 to 46	The day on which this Act receives the Royal Assent.	26 May 2008
13. Schedule 1, item 46A	1 July 2008.	1 July 2008
14. Schedule 1, items 47 and 48	The day on which this Act receives the Royal Assent.	26 May 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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 1Telecommunications (Interception and Access) Act 1979

1

Subsection 5F(3)

Repeal the subsection, substitute:

1. (3)

   Subsection (2) ceases to have effect at the end of 12 December 2009.

2

Subsection 5G(3)

Repeal the subsection, substitute:

1. (3)

   Subsection (2) ceases to have effect at the end of 12 December 2009.

3

Subparagraph 9A(1)(b)(ii)

After “telecommunications device”, insert “or particular telecommunications devices”.

4

Paragraph 9A(1A)(b)

After “telecommunications device”, insert “or telecommunications devices”.

5

Subsection 9A(1A) (note)

After “telecommunications device”, insert “or telecommunications devices”.

6

Paragraph 9A(2)(ba)

Repeal the paragraph, substitute:

(ba) if the warrant would authorise interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant—must include details (to the extent these are known to the Director‑General of Security) sufficient to identify the telecommunications device or telecommunications devices that the person is using, or is likely to use; and

7

Subsection 9A(3)

After “telecommunications device”, insert “or telecommunications devices”.

8

Subparagraph 11B(1)(a)(ii)

After “telecommunications device”, insert “or particular telecommunications devices”.

9

Paragraph 11B(1A)(b)

After “telecommunications device”, insert “or telecommunications devices”.

10

Subsection 11B(1A) (note)

After “telecommunications device”, insert “or telecommunications devices”.

11

Paragraph 11B(2)(ba)

Repeal the paragraph, substitute:

(ba) if the warrant would authorise interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant—must include details (to the extent these are known to the Director‑General of Security) sufficient to identify the telecommunications device or telecommunications devices that the person is using, or is likely to use; and

12

Subsection 11B(3)

After “telecommunications device”, insert “or telecommunications devices”.

13

Paragraph 16(1)(aa)

After “telecommunications device”, insert “or telecommunications devices”.

14

Paragraph 16(1A)(b)

After “telecommunications device”, insert “or telecommunications devices”.

14A

Paragraph 16(2)(a)

After “telecommunications device”, insert “or telecommunications devices”.

14B

Paragraph 16(2)(b)

Omit “that device”, substitute “the device or devices”.

15

Paragraph 35(1)(b)

Repeal the paragraph.

16

Paragraph 35(1)(c)

Omit “the responsible Minister”, substitute “a specified Minister (in this subsection called the responsible Minister) of that State”.

17

Paragraph 35(1)(e)

Repeal the paragraph, substitute:

1. (e)

   requiring the responsible Minister to give to the Minister, as soon as practicable after a report of a kind referred to in paragraph (c) or (d) is given to the responsible Minister, a copy of the report;

18

Subsection 35(2)

Repeal the subsection, substitute:

1. (2)

   The Minister must not make a declaration under section 34 in relation to an eligible authority of a State unless the Minister is satisfied that that State has entered into an agreement to pay all expenses connected with the issue of warrants to the authority.

19

After section 35

Insert:

36State laws requiring copies of documents to be given to responsible Minister

1. (1)

   Nothing in this Division is to be taken to preclude a law of a State from requiring the chief officer of the eligible authority to give to a specified Minister (the responsible Minister) of that State a copy of each warrant issued to the eligible authority, and of each instrument under section 52 or 57 revoking such a warrant.

2. (2)

   If a State makes a law of the kind mentioned in subsection (1), then, for the purposes of section 63AA, the chief officer of the eligible authority is taken to be communicating interception warrant information for the purposes of this Part by giving documents to the responsible Minister to comply with the requirement.

20

Paragraph 42(4A)(ba)

Repeal the paragraph, substitute:

(ba) if the warrant would authorise interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant—details (to the extent these are known to the chief officer) sufficient to identify the telecommunications device or telecommunications devices that the person is using, or is likely to use; and

21

Subparagraph 46A(1)(d)(ii)

After “telecommunications device”, insert “or particular telecommunications devices”.

22

Subparagraph 46A(1)(d)(ii)

Omit “a person”, substitute “the person”.

23

Subsection 46A(1) (note)

After “telecommunications device”, insert “or telecommunications devices”.

24

Subparagraph 46A(2)(a)(ii)

After “telecommunications device”, insert “or particular telecommunications devices”.

25

Subsection 46A(3)

After “telecommunications device”, insert “or telecommunications devices”.

26

Subsection 52(2)

Repeal the subsection, substitute:

1. (2)

   Where a warrant issued to an agency is revoked under subsection (1), the chief officer of the agency must cause a copy of the instrument of revocation to be given as soon as practicable to the Secretary of the Department.

27

Section 53

Repeal the section.

28

Paragraph 57(1)(a)

Repeal the paragraph.

29

Subsection 57(2)

Repeal the subsection, substitute:

1. (2)

   The chief officer of an agency may at any time, by writing signed by him or her, revoke a warrant issued to the agency after causing the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith that the chief officer proposes to revoke the warrant.

30

Paragraph 57(3)(a)

Repeal the paragraph.

31

After section 59

Insert:

59ANotification to Secretary of the Department

1. (1)

   Where a Part 2‑5 warrant is issued to an agency, the chief officer of the agency must cause a copy of the warrant to be given to the Secretary of the Department as soon as practicable.

2. (2)

   Where:

   1. (a)

      it is proposed, under a warrant issued under section 46A, to intercept communications made to or from a telecommunications service; and

   2. (b)

      the warrant is not a warrant that authorises interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

   3. (c)

      the service was not identified in the warrant;

the chief officer must cause the Secretary of the Department to be given, as soon as practicable, a description in writing of the service sufficient to identify it.

32

Subsection 60(1)

Omit “the chief officer”, substitute “a certifying officer”.

33

Subsection 60(2)

Repeal the subsection.

34

Subsection 60(3)

Omit “the chief officer”, substitute “a certifying officer”.

35

Paragraph 60(4)(aa)

After “telecommunications device”, insert “or telecommunications devices”.

36

Subsection 60(4)

Omit “the chief officer”, substitute “a certifying officer of the agency”.

37

Paragraph 60(4A)(b)

After “telecommunications device”, insert “or telecommunications devices”.

38

Subsection 60(4A)

Omit “certifying person”, substitute “certifying officer of the agency”.

39

Paragraph 60(5)(b)

Omit “the chief officer of the agency to which the warrant was issued, or a certifying officer of that agency,”, substitute “a certifying officer of that agency”.

39A

Paragraph 60(5)(b)

After “a particular device”, insert “or particular devices”.

40

Subsection 60(5)

Omit “the chief officer or”.

41

Paragraph 80(b)

Omit “paragraph 53(1)(b) of the issue of such a warrant”, substitute “subsections 59A(2) and (3)”.

42

Subsection 94(1)

Repeal the subsection.

43

Paragraph 100(1)(ea)

Omit “, (d)”.

43A

Paragraph 100(1)(ec)

Repeal the paragraph, substitute:

(ec) in relation to all named person warrants issued during that year on application made by each agency or authority:

(i) the total number of telecommunications services intercepted under those of the warrants that did not authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

1. (ii)

   the total number of telecommunications services intercepted under those of the warrants that did authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

2. (iii)

   the total number of telecommunications devices by means of which communications were intercepted under those of the warrants that did authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

44

Paragraph 100(1)(ee)

Repeal the paragraph.

45

Paragraph 100(1)(ef)

Repeal the paragraph.

46

Paragraph 100(2)(ea)

Omit “, (d)”.

46A

Paragraph 100(2)(ec)

Repeal the paragraph, substitute:

(ec) in relation to all named person warrants issued during that year:

(i) the total number of telecommunications services intercepted under those of the warrants that did not authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

1. (ii)

   the total number of telecommunications services intercepted under those of the warrants that did authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

2. (iii)

   the total number of telecommunications devices by means of which communications were intercepted under those of the warrants that did authorise the interception of communications made by means of a telecommunications device or telecommunications devices identified in the warrant; and

47

Paragraph 100(2)(ee)

Repeal the paragraph.

48

Paragraph 100(2)(ef)

Repeal the paragraph.

[Minister’s second reading speech made in—

House of Representatives on 20 February 2008

Senate on 13 March 2008]

(35/08)