Telecommunications (Interception) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 5 1

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Telecommunications (Interception) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Telecommunications (Interception) Act 1979.

Dated 28 January 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

M. LAVARCH

Attorney-General

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1.   Commencement

1.1 These Regulations commence on the commencement of the provisions specified in subsection 2 (2) of the Telecommunications (Interception) Amendment Act 1993.

2.    Amendment

2.1   The Telecommunications (Interception) Regulations are amended as set out in these Regulations.

3.   Regulation 3 (Warrants)

3.1   Subregulations 3 (1) and (2):

Omit the subregulations.

4.   Schedules 1 and 2

4.1   Omit the Schedules.

5.   Schedule 3 (Warrant under section 45 for the interception of communications)

5.1   Passage commencing “TO:”:

Omit “Members of the Australian Federal Police in relation to whom an approval under subsection 55 (2)”, substitute “The *officers/ *members/*staff members (or as the case may be) of (name of agency) in relation to whom an approval under subsection 55 (3)”.

5.2   Passage commencing “NOW THEREFORE I,”:

Omit “hereby authorise members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of that Act is in force”, substitute, “authorise you”.

6.   Schedule 4 (Warrant under section 46 for the interception of communications)

6.1   Passage commencing “TO:”:

Omit “Members of the Australian Federal Police in relation to whom an approval under subsection 55 (2)”, substitute “The *officers/ *members/*staff members (or as the case may be) of (name of agency) in relation to whom an approval under subsection 55 (3)”.

6.2   Passage commencing “NOW THEREFORE I,”:

Omit “hereby authorise members of the Australian Federal Police in relation to whom an approval under subsection 55 (2) of that Act is in force”, substitute, “authorise you ”.

7.   Schedule 5 (Warrant under section 48 for entry on premises and interception of communications)

7.1   Omit “subsection 55 (2)” (twice occurring), substitute “subsection 55 (3)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 February 1994.

2. Statutory Rules 1987 No. 329.