Telecommunications (Interception) (State Provisions) Act 1988 (Vic)
Version No. 027
Telecommunications (Interception) (State Provisions) Act 1988
No. 46 of 1988
Version incorporating amendments as at
10 February 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
Part 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants
4Application of Part 1A
4APublic Interest Monitor must be notified
4BFull disclosure to Public Interest Monitor
4CPublic Interest Monitor to be given further information
4DRole of Public Interest Monitor
4EConfidentiality provisions do not apply
Part 1B—Functions of Public Interest Monitor—international production orders
4FApplication of this Part
4GPublic Interest Monitor must be notified
4HFull disclosure to Public Interest Monitor
4IPublic Interest Monitor to be given further information
4JRole of Public Interest Monitor
4KConfidentiality provisions do not apply
Part 2—Functions of the Police Force
5Documents connected with issue of warrants to be kept
6Other records to be kept in connection with interceptions
7Documents to be given to the Minister
8Documents to be given by State Police Minister to Commonwealth Minister
9Keeping and destruction of restricted records
Part 2B—Functions of the IBAC
9FDocuments connected with issue of warrants to be kept
9GOther records to be kept in connection with interceptions
9GADocuments to be given to Minister
9GBDocuments to be given by State Minister to Commonwealth Minister
9HKeeping and destruction of restricted records
Part 3—Functions of Integrity Oversight Victoria
Division 1—Introduction
10Functions—generally
Division 2—Inspection of records of Police Force
11Regular inspections of records of Police Force
12Reports
13Integrity Oversight Victoria may report on contraventions
Division 3—Inspection of records of the IBAC
14Regular inspections of records of the IBAC
15Reports
16Integrity Oversight Victoria may report on contraventions
Division 4—General functions and powers
17Definitions
18Integrity Oversight Victoria's general powers
19Power to obtain relevant information
20Integrity Oversight Victoria to be given information and access despite other laws
20ADealing with information for the purposes of inspection and report
20BIntegrity Oversight Victoria not to be sued
20CDelegation by Integrity Oversight Victoria
Part 4—Miscellaneous
21Copies of reports for Commonwealth Minister
22Disclosure by persons under the Minister's administration
23Offences relating to inspections under Part 3
24Regulations
25Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011
26Transitional provisions—Victorian Inspectorate Act 2011
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 027
Telecommunications (Interception) (State Provisions) Act 1988
No. 46 of 1988
Version incorporating amendments as at
10 February 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to enable the IBAC and Victoria Police to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.
2Commencement
This Act comes into operation on a day to be proclaimed.
3Definitions
(1)In this Act—
agency means—
(a)the Australian Federal Police; or
(b)the Australian Crime Commission; or
(c)Victoria Police; or
(d)the Police Force of another State or a Territory of the Commonwealth in relation to which a declaration under section 34 of the Commonwealth Act is in force; or
(e)the IBAC;
* * * * *
Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011;
communication includes conversation and a message, and any part of a conversation or message, whether—
(a)in the form of—
(i)speech, music or other sounds; or
(ii)data; or
(iii)text; or
(iv)visual images, whether or not animated; or
(v)signals; or
(b)in any other form or in any combination of forms;
* * * * *
IBAC means the Independent Broad-based Anti-corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011;
IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
IBAC Officer has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;
individual message/call application service has the same meaning as it has in Schedule 1 to the Commonwealth Act;
individual transmission service has the same meaning as it has in Schedule 1 to the Commonwealth Act;
inspecting officer means an Integrity Oversight Victoria Officer;
* * * * *
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011;
international production order has the same meaning as it has in Schedule 1 to the Commonwealth Act;
in the possession of, in relation to a document, record or copy, includes in the custody of or under the control of;
* * * * *
Minister means the Minister administering the Independent Broad-based Anti-corruption Commission Act 2011;
* * * * *
Part 2–5 warrant means a warrant issued or to be issued under Part 2–5 of the Commonwealth Act;
permitted purpose means—
(a)in relation to the Police Force—
(i)an investigation by the Police Force of a prescribed offence within the meaning of the Commonwealth Act; or
(ii)the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Police Force; or
(iii)a relevant proceeding in relation to the Police Force; or
(iv)the exercise by the Chief Commissioner of Police of the powers conferred by section 68 of the Commonwealth Act; or
(v)the keeping of records by the Police Force under sections 5, 6 and 9; or
(vi)an inspection of the records of the Police Force made under section 11; or
(vii)a report on such an inspection; or
(viii)an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of Victoria, being an investigation or inquiry under a law of this State or by a person in the person's capacity as an officer of this State; or
(ix)a report on such an investigation or inquiry; or
(x)the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of the Police Force; or
(xi)a review (whether by way of appeal or otherwise) of a decision referred to in subparagraph (x); or
(xii)the tendering to the Governor in Council of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; or
(xiii)deliberations of the Governor in Council in connection with advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State;
(b)in relation to the IBAC—
(i)an investigation by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
(ii)a report by the IBAC on an investigation by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
(iii)any recommendation made by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
(iv)an investigation by the IBAC of a prescribed offence within the meaning of the Commonwealth Act; or
(v)the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the IBAC; or
(vi)a relevant proceeding in relation to the IBAC; or
(vii)the exercise by the IBAC of the powers conferred by section 68 of the Commonwealth Act; or
(viii)the keeping of records by the IBAC under sections 9F, 9G and 9H;
* * * * *
Police Minister means the Minister administering the Victoria Police Act 2013;
premises includes—
(a)any land; and
(b)any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and
(c)any part of such a structure, building, aircraft, vehicle, vessel or place;
recordmeans—
(a)in relation to information—a record or copy, whether in writing or otherwise, of the whole or a part of the information; or
(b)in relation to an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication—
(i)a record or copy, whether in writing or otherwise, of the whole or a part of the communication, being a record or copy made by means of the interception; or
(ii)a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception;
* * * * *
restricted record means a record other than a copy, that was obtained by an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication passing over a telecommunications system;
* * * * *
telephone application has the same meaning as it has in Schedule 1 to the Commonwealth Act;
the Commonwealth Act means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;
the Police Force means Victoria Police;
* * * * *
* * * * *
warrant means a warrant issued under Part 2–5 of the Commonwealth Act.
(2)Expressions used in this Act which are not elsewhere defined in this section, have the same meanings as in the Commonwealth Act.
(3)In this Act—
(a)a reference to a function includes a reference to a power, authority and duty; and
(b)a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
* * * * *
PART 1A—FUNCTIONS OF PUBLIC INTEREST MONITOR—PART 2‑5 WARRANTS
4Application of Part 1A
This Part applies if an officer of the Police Force or an IBAC Officer intends to apply under the Commonwealth Act for a Part 2-5 warrant or a renewal of a Part 2-5 warrant.
4APublic Interest Monitor must be notified
(1)The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the Public Interest Monitor Act 2011.
(2)If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—
(a)a copy of the written application; and
(b)a copy of the affidavit required under section 42 of the Commonwealth Act to accompany the written application.
(3)If the officer intends to make the application by telephone, the officer must give the Public Interest Monitor the information required under section 43 of the Commonwealth Act to be given on a telephone application.
4BFull disclosure to Public Interest Monitor
(1)The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the warrant.
(2)The officer must not knowingly or recklessly fail to comply with subsection (1).
Penalty:60 penalty units or imprisonment for 6 months or both.
4CPublic Interest Monitor to be given further information
If further information is required under section 44 of the Commonwealth Act to be given to the issuing authority in connection with the application, the officer must also give the Public Interest Monitor the information.
4DRole of Public Interest Monitor
(1)The Public Interest Monitor is entitled—
(a)to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and
(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—
(i)to ask questions of any person giving information to the issuing authority; and
(ii)to make submissions to the issuing authority about the appropriateness of issuing the warrant; and
(c)to make submissions to the issuing authority about the following matters—
(i)in relation to an application for a warrant in relation to a telecommunications service—the matters referred to in section 46(2)(a) to (f) of the Commonwealth Act;
(ii)in relation to an application for a warrant in relation to a person—the matters referred to in section 46A(2)(a) to (f) of the Commonwealth Act.
(2)Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the issuing authority in the presence of the issuing authority, or by phone, fax, email or any other reasonable way.
(3)As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4A, 4B or 4C in relation to the application.
4EConfidentiality provisions do not apply
(1)This section applies to—
(a)an officer of the Police Force or an IBAC Officer; and
(b)a person mentioned in section 4D(1)(b)(i).
(2)An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the person, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this Part.
PART 1B—FUNCTIONS OF PUBLIC INTEREST MONITOR—INTERNATIONAL PRODUCTION ORDERS
4FApplication of this Part
This Part applies if an officer of the Police Force or an IBAC Officer intends to apply under clause 22 or 52 of Schedule 1 to the Commonwealth Act for an international production order in respect of—
(a)one or more individual transmission services; or
(b)one or more individual message/call application services.
4GPublic Interest Monitor must be notified
(1)The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the Public Interest Monitor Act 2011.
(2)If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—
(a)a copy of the written application; and
(b)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 25 of Schedule 1 to the Commonwealth Act to accompany the written application; and
(c)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 55 of Schedule 1 to the Commonwealth Act to accompany the written application.
(3)If the officer intends to make a telephone application, the officer must give the Public Interest Monitor—
(a)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, the information required under clause 26 of Schedule 1 to the Commonwealth Act to be given on a telephone application; and
(b)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, the information required under clause 56 of Schedule 1 to the Commonwealth Act to be given on a telephone application.
4HFull disclosure to Public Interest Monitor
(1)The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the international production order.
(2)The officer must not knowingly or recklessly fail to comply with subsection (1).
Penalty:60 penalty units or imprisonment for 6 months or both.
4IPublic Interest Monitor to be given further information
If further information is required under clause 27 or 57 of Schedule 1 to the Commonwealth Act to be given in connection with the application, the officer must also give the Public Interest Monitor that information.
4JRole of Public Interest Monitor
(1)The Public Interest Monitor is entitled—
(a)to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and
(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—
(i)to ask questions of any person giving information on the application; and
(ii)to make submissions to the issuing authority about the appropriateness of issuing the international production order; and
(c)to make submissions to the issuing authority about the following matters—
(i)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 30(5)(a)(i) to (vi) of Schedule 1 to the Commonwealth Act;
(ii)in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 30(5)(b)(i) to (vi) of Schedule 1 to the Commonwealth Act;
(iii)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 60(5)(a) to (g) of Schedule 1 to the Commonwealth Act;
(iv)in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 60(6)(a) to (g) of Schedule 1 to the Commonwealth Act.
(2)Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions in person, or by phone, fax, email or any other reasonable way.
(3)As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4G, 4H or 4I in relation to the application.
4KConfidentiality provisions do not apply
(1)This section applies to—
(a)an officer of the Police Force or an IBAC Officer; and
(b)a person referred to in section 4J(1)(b)(i).
(2)An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of a person to whom this section applies, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this Part.
PART 2—FUNCTIONS OF THE POLICE FORCE
5Documents connected with issue of warrants to be kept
The Chief Commissioner of Police must cause to be kept in the records of the Police Force—
(a)each warrant issued to the Police Force; and
(b)a copy of each notification by the Chief Commissioner of Police under section 59A of the Commonwealth Act; and
(c)each instrument revoking a warrant issued to the Police Force; and
(d)a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and
(e)a copy of each authorisation by the Chief Commissioner of Police under section 66(2) of the Commonwealth Act; and
(f)particulars of any telephone application for a Part 2–5 warrant made by the Police Force.
6Other records to be kept in connection with interceptions
(1)The Chief Commissioner of Police must cause—
(a)in relation to each application by the Police Force for a Part 2–5 warrant, a statement as to whether—
(i)the application was withdrawn or refused; or
(ii)a warrant was issued on the application; and
(ab)in relation to each Part 2–5 warrant whose authority is exercised by the Police Force, particulars of—
(i)the warrant; and
(ii)the day on which, and the time at which, each interception under the warrant began; and
(iii)the duration of each such interception; and
(iv)the name of the person who carried out each such interception; and
(v)in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and
(b)in relation to each restricted record that has at any time been in the possession of the Police Force, particulars of—
(i)if the restricted record is a record obtained by an interception under a warrant issued to the Police Force—that warrant; and
(ii)each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Police Force; and
(iii)each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Police Force; and
(iv)each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Police Force received or supplied the restricted record; and
(c)particulars of each use made by the Police Force of lawfully intercepted information; and
(d)particulars of each communication of lawfully intercepted information by an officer of the Police Force to a person or body other than such an officer; and
(e)particulars of each occasion when, to the knowledge of an officer of the Police Force, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the Police Force—
to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.
(2)The Chief Commissioner of Police must cause to be kept in the records of the Police Force each record that the Chief Commissioner has caused to be made under this section.
7Documents to be given to the Minister
(1)The Chief Commissioner of Police must give to the Police Minister—
* * * * *
(b)within 3 months after a warrant issued to the Police Force ceases to be in force, a written report about—
(i)the use made by the Police Force of information obtained by interceptions under the warrant; and
(ii)the communication of that information to persons other than officers of the Police Force; and
(c)as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—
(i)Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Police Minister's report under that Division relating to the year ending on that 30 June; and
(ii)can be derived from the records of the Police Force.
(2)The Chief Commissioner of Police must give to the Attorney-General—
* * * * *
(b)a copy of each report referred to in subsection (1)(c).
8Documents to be given by State Police Minister to Commonwealth Minister
The Police Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after—
* * * * *
(c)a report of a kind referred to in section 7(1)(b) or (c)—
is given to the Police Minister, a copy of the warrant, instrument or report, as the case may be.
9Keeping and destruction of restricted records
(1)The Chief Commissioner of Police must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Police Force to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.
(2)The Chief Commissioner of Police must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Police Force, other than a purpose connected with an inspection of the kind referred to in section 11 or with a report on such an inspection.
* * * * *
PART 2B—FUNCTIONS OF THE IBAC
9FDocuments connected with issue of warrants to be kept
The IBAC Commissioner must cause to be kept in the records of the IBAC—
(a)each warrant issued to the IBAC; and
(b)a copy of each notification by the IBAC Commissioner under section 59A of the Commonwealth Act; and
(c)each instrument revoking a warrant issued to the IBAC; and
(d)a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and
(e)a copy of each authorisation by the IBAC Commissioner under section 66(2) of the Commonwealth Act; and
(f)particulars of any telephone application for a Part 2–5 warrant made by the IBAC.
9GOther records to be kept in connection with interceptions
(1)The IBAC Commissioner must cause—
(a)in relation to each application by the IBAC for a Part 2–5 warrant, a statement as to whether—
(i)the application was withdrawn or refused; or
(ii)a warrant was issued on the application; and
(b)in relation to each Part 2–5 warrant whose authority is exercised by the IBAC, particulars of—
(i)the warrant; and
(ii)the day on which, and the time at which, each interception under the warrant began; and
(iii)the duration of each such interception; and
(iv)the name of the person who carried out each such interception; and
(v)in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant; and
(c)in relation to each restricted record that has at any time been in the possession of the IBAC, particulars of—
(i)if the restricted record is a record obtained by an interception under a warrant issued to the IBAC, that warrant; and
(ii)each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the IBAC; and
(iii)each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the IBAC; and
(iv)each agency or other body (if any) from or to which, or other person (if any) from or to whom, the IBAC received or supplied the restricted record; and
(d)particulars of each use made by the IBAC of lawfully intercepted information; and
(e)particulars of each communication of lawfully intercepted information by an IBAC Officer to a person or body other than an IBAC Officer; and
(f)particulars of each occasion when, to the knowledge of an IBAC Officer, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the IBAC—
to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.
(2)The IBAC Commissioner must cause to be kept in the records of the IBAC each record that the IBAC Commissioner has caused to be made under this section.
9GADocuments to be given to Minister
(1)The IBAC Commissioner must give to the Minister—
(a)within 3 months after a warrant issued to the IBAC ceases to be in force, a written report about—
(i)the use made by the IBAC of information obtained by interceptions under the warrant; and
(ii)the communication of that information to persons other than IBAC Officers; and
(b)as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—
(i)Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and
(ii)can be derived from the records of the IBAC.
(2)The IBAC Commissioner must give to the Attorney-General a copy of each report referred to in subsection (1)(b).
9GBDocuments to be given by State Minister to Commonwealth Minister
The Minister must give to the Minister administering the Commonwealth Act a copy of a report of a kind referred to in section 9GA(1)(a) or (b) as soon as practicable after the report is given to the Minister.
9HKeeping and destruction of restricted records
(1)The IBAC Commissioner must cause a restricted record that is in the possession of the IBAC to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.
(2)The IBAC Commissioner must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if the IBAC Commissioner is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the IBAC, other than a purpose connected with an inspection of the kind referred to in section 14 or with a report on such an inspection.
PART 3—FUNCTIONS OF INTEGRITY OVERSIGHT VICTORIA
Division 1—Introduction
10Functions—generally
Integrity Oversight Victoria may—
(a)inspect records of the Police Force in order to ascertain the extent of compliance by officers of the Police Force with Part 2; and
(b)inspect records of the IBAC in order to ascertain the extent of compliance by IBAC Officers with Part 2B;
(c)report to the Police Minister about the results of the inspections referred to in paragraph (a) and the Minister about the results of the inspections referred to in paragraph (b); and
(d)do anything incidental or conducive to the performance of any of the preceding functions.
Division 2—Inspection of records of Police Force
11Regular inspections of records of Police Force
(1)Integrity Oversight Victoria must inspect the records of the Police Force at least twice during each financial year in order to ascertain the extent to which the officers of the Police Force have complied with Part 2 since the last inspection under this Division of the records of the Police Force.
(2)Integrity Oversight Victoria may, at any time, inspect records of the Police Force in order to ascertain the extent to which officers of the Police Force have complied, during any period, with Part 2.
(3)Despite subsection (1), any inspection done by the Special Investigations Monitor under section 11 as in force immediately before its substitution by the Integrity and Accountability Legislation Amendment Act 2012 during the financial year in which this section is substituted is taken to be an inspection by Integrity Oversight Victoria required to be done by Integrity Oversight Victoria under subsection (1) during that financial year.
12Reports
(1)Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Police Minister in writing, about the results of the inspections under section 11(1), during that financial year, of records of the Police Force.
(2)Integrity Oversight Victoria may report to the Police Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Police Minister or the Attorney-General.
(3)Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the Chief Commissioner of Police and to the Attorney-General.
13Integrity Oversight Victoria may report on contraventions
If, as a result of an inspection under this Division of the records of the Police Force, Integrity Oversight Victoria is of the opinion that an officer of the Police Force has contravened—
(a)a provision of the Commonwealth Act; or
(b)a requirement referred to in section 7(1)(b)—
Integrity Oversight Victoria may include in his or her report on the inspection a report on the contravention.
Division 3—Inspection of records of the IBAC
14Regular inspections of records of the IBAC
(1)Integrity Oversight Victoria must inspect the records of the IBAC—
(a)at least once during the period beginning on the commencement day and ending on the following 30 June; and
(b)at least twice during each financial year beginning after the 30 June referred to in paragraph (a)—
in order to ascertain the extent to which IBAC Officers have complied with Part 2B since the commencement day, or since the last inspection under this Division of the records of the IBAC, as the case requires.
(2)Integrity Oversight Victoria may at any time inspect records of the IBAC in order to ascertain the extent to which IBAC Officers have complied, during any period, with Part 2B.
(3)In this section—
commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.
15Reports
(1)Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing about the results of the inspections of records of the IBAC under section 14(1) during that financial year.
(2)Integrity Oversight Victoria may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General.
(3)Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the IBAC Commissioner and to the Attorney-General.
16Integrity Oversight Victoria may report on contraventions
If, as a result of an inspection under this Division of the records of the IBAC, Integrity Oversight Victoria is of the opinion that an IBAC Officer has contravened a provision of the Commonwealth Act or a requirement referred to in section 9GA(1)(a), Integrity Oversight Victoria may include a report on that contravention in its report.
Division 4—General functions and powers
17Definitions
In this Division—
relevant agency means—
(a)the Police Force, in relation to an inspection of the records of the Police Force;
(b)the IBAC, in relation to an inspection of the records of the IBAC;
relevant agency head means—
(a)the Chief Commissioner of Police, in relation to an inspection of the records of the Police Force;
(b)the IBAC Commissioner, in relation to an inspection of the records of the IBAC;
relevant person means—
(a)an officer of the Police Force, in relation to an inspection of the records of the Police Force;
(b)an IBAC Officer, in relation to an inspection of the records of the IBAC.
18Integrity Oversight Victoria's general powers
(1)For the purposes of an inspection under this Part, Integrity Oversight Victoria—
(a)may, after notifying the relevant agency head, enter at any reasonable time premises occupied by the relevant agency; and
(b)is entitled to have full and free access at all reasonable times to all records of the relevant agency; and
(c)despite any other law, is entitled to make copies of, and to take extracts from, records of the relevant agency; and
(d)may require a relevant person to give Integrity Oversight Victoria any information Integrity Oversight Victoria considers necessary, being information that is in the relevant person's possession, or to which the relevant person has access, and that is relevant to the inspection.
(2)The relevant agency head must ensure that relevant persons provide to Integrity Oversight Victoria any assistance that Integrity Oversight Victoria reasonably requires in connection with the exercise of Integrity Oversight Victoria's functions under this Part in relation to the relevant agency.
19Power to obtain relevant information
(1)If Integrity Oversight Victoria has reason to believe that a relevant person is able to give information relevant to an inspection under this Part, subsections (2) and (3) have effect.
(2)Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to give the information to Integrity Oversight Victoria—
(a)by writing signed by the relevant person; and
(b)at a specified place and within a specified period.
(3)Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to attend—
(a)before a specified inspecting officer; and
(b)at a specified place; and
(c)within a specified period or at a specified time on a specified day—
in order to answer questions relevant to the inspection.
(4)If Integrity Oversight Victoria—
(a)has reason to believe that a relevant person is able to give information relevant to an inspection under this Part; and
(b)does not know the relevant person's identity—
Integrity Oversight Victoria may, by writing given to the relevant agency head, require the relevant agency head, or a person nominated by the relevant agency head, to attend—
(c)before a specified inspecting officer; and
(d)at a specified place; and
(e)within a specified period or at a specified time on a specified day—
in order to answer questions relevant to the inspection.
(5)The place, and the period or the time and day, specified in a requirement under this section must be reasonable having regard to the circumstances in which the requirement is made.
20Integrity Oversight Victoria to be given information and access despite other laws
(1)Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—
(a)the information, the answer, or the fact that the person has so given access to the document, as the case may be; and
(b)any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—
is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 23.
(2)Nothing in any other law prevents a relevant person from—
(a)giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b)giving to an inspecting officer access to a record of a relevant agency—
for the purposes of an inspection under this Part.
(3)Nothing in any other law prevents a relevant person from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).
20ADealing with information for the purposes of inspection and report
If—
(a)information is given or communicated to an inspecting officer, as permitted by section 20(2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part; or
(b)an inspecting officer obtains information as a result of being given access to records, as permitted by section 20(2), for the purposes of an inspection under this Part—
the inspecting officer may, despite any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part.
20BIntegrity Oversight Victoria not to be sued
An inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise, or the purported exercise, of a function conferred by this Part.
20CDelegation by Integrity Oversight Victoria
Integrity Oversight Victoria may delegate to an inspecting officer any of Integrity Oversight Victoria's functions or powers under this Act, other than—
(a)this power of delegation; and
(b)a power to report to the Police Minister or the Minister.
PART 4—MISCELLANEOUS
21Copies of reports for Commonwealth Minister
The Police Minister or the Minister (as the case requires) must give the Minister administering the Commonwealth Act, as soon as practicable after a report on an inspection of the kind referred to in section 11 or 14 is given to the Police Minister or to the Minister, a copy of the report.
22Disclosure by persons under the Minister's administration
A person, other than an inspecting officer, engaged in the administration of this Act must not disclose any information or record obtained by the person in the administration of this Act, unless the disclosure is made—
(a)in accordance with the Commonwealth Act; or
(b)for the purpose of any proceedings under—
(i)section 22 of the Ombudsman Act 1973; or
(ii)Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958; or
(c)for the purpose of discharging the person's functions under this or any other Act.
Penalty:10 penalty units.
23Offences relating to inspections under Part 3
(1)A person must not, without reasonable excuse, refuse or fail—
(a)to attend before a person; or
(b)to furnish information; or
(c)to answer a question—
when required under section 19 to do so.
(2)A person must not—
(a)without reasonable excuse, wilfully obstruct, hinder or resist a person in connection with the exercise of Integrity Oversight Victoria's functions under Part 3; or
(b)give to an inspecting officer, in connection with an inspection under Part 3, information or a statement that the first-mentioned person knows to be false or misleading in a material particular.
Penalty:10 penalty units or imprisonment for 6 months.
24Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations may impose a penalty not exceeding 5 penalty units for a contravention of the regulations.
25Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011
(1)On and from the commencement day, any functions, duties or obligations of the Director under Part 2A, as in force immediately before its repeal, that are not completed by the Director before the commencement day must be performed by the IBAC Commissioner.
(2)Without limiting subsection (1), despite the repeal of Part 2A, the IBAC must comply with any reporting requirements of the Director under that Part if those requirements have not been completed before the commencement day and for that purpose, that Part, as in force immediately before its repeal, applies as if a reference to the Director were a reference to the IBAC Commissioner.
(3)In this section—
commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation;
Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.
26Transitional provisions—Victorian Inspectorate Act 2011
(1)On and from the commencement day, any functions, duties or obligations of the SIM under Part 3 as in force immediately before the commencement day that are not completed by the SIM before the commencement day must be performed by the Victorian Inspectorate.
(2)Without limiting subsection (1), despite the substitution of Division 3 of Part 3 by the Integrity and Accountability Legislation Amendment Act 2012, the Inspector must comply with any reporting requirements of the SIM under that Division of that Part if those requirements have not been completed before that substitution and for that purpose, that Division of that Part, as in force immediately before its substitution, applies as if a reference to the SIM were a reference to the Victorian Inspectorate.
(3)In this section—
commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation;
SIM means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.
(4)On and after the commencement of item 38.20 of Schedule 1 to the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, unless the context otherwise requires—
(a)a reference to the Victorian Inspectorate Act 2011 in this section includes a reference to the Integrity Oversight Victoria Act 2011; and
(b)a reference to "the Victorian Inspectorate" in this section includes a reference to "Integrity Oversight Victoria"; and
(c)a reference to the "Inspector" in this section includes a reference to the "Chief Integrity Inspector".
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 April 1988
Legislative Council: 5 May 1988
The long title for the Bill for this Act was "A Bill to enable the Police Force of Victoria to intercept telecommunications in accordance with the Telecommunications (Interception) Act 1979 of the Commonwealth and for other purposes.".
The Telecommunications (Interception) (State Provisions) Act 1988 was assented to on 24 May 1988 and came into operation on 27 October 1988: Government Gazette 26 October 1988 page 3219.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Telecommunications (Interception) (State Provisions) Act 1988 by Acts and subordinate instruments.
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Telecommunications (Interception) (State Provisions) (Amendment) Act 1993, No. 116/1993
Assent Date: 7.12.93 Commencement Date: 7.12.93: s. 2 CurrentState: All of Act in operation
Telecommunications (Interception) (State Provisions) (Amendment) Act 2001, No. 65/2001
Assent Date: 23.10.01 Commencement Date: 24.10.01: s. 2 CurrentState: All of Act in operation
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 13) on 17.6.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005
Assent Date: 29.11.05 Commencement Date: Ss 21–26 on 1.7.06: Government Gazette 29.6.06 p. 1314 CurrentState: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 12) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 51) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
Assent Date: 15.12.09 Commencement Date: Ss 32–39 on 16.12.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Public Interest Monitor Act 2011, No. 72/2011 (as amended by No. 82/2012)
Assent Date: 6.12.11 Commencement Date: S. 43 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012 (as amended by No. 82/2012)
Assent Date: 20.3.12 Commencement Date: Ss 14(1)(2)(b)(c), 15 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1; s. 14(2)(a) never proclaimed, repealed by No. 82/2012 s. 149(2)(a) Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: Ss 63–81 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 166) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: Ss 31–33 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 38) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 Current State: This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988
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3 Explanatory details
No entries at date of publication.
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