Crimes Legislation Amendment Act 1988

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Crimes Legislation Amendment Act 1988

No. 65 of 1988

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE NATIONAL CRIME AUTHORITY ACT 1984

3. Principal Act

4. Repeal of section 26 and substitution of new section:

26. Reimbursement of expenses

5. Terms and conditions of appointment

6. Cessation of operation of Act

PART III—AMENDMENTS OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

7. Principal Act

8. Judges

9. Inspection of telegrams

10. Commonwealth agencies to keep documents connected with issue of warrants

11. Other records to be kept by Commonwealth agencies in connection with interceptions

Crimes Legislation Amendment Act 1988

No. 65 of 1988

 

An Act to amend the National Crime Authority Act 1984 and the Telecommunications (Interception) Act 1979

[Assented to 15 June 1988]

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Crimes Legislation Amendment Act 1988.

Commencement

2. (1) Sections 1 to 8 (inclusive) commence on the day on which this Act receives the Royal Assent.

(2) Section 9 commences, or shall be taken to have commenced, as the case requires, on the day fixed by Proclamation for the purposes of subsection 2 (2) of the Telecommunications (Interception) Amendment Act 1987.

(3) Sections 10 and 11 commence, or shall be taken to have commenced, as the case requires, immediately after the commencement of section 2) of the Telecommunications (Interception) Amendment Act 1987.

PART II—AMENDMENTS OF THE NATIONAL CRIME AUTHORITY ACT 1984

Principal Act

3. In this Part, “Principal Act” means the National Crime Authority Act 19841.

4. Section 26 of the Principal Act is repealed and the following section is substituted:

Reimbursement of expenses

“26. (1) A witness appearing before the Authority shall be paid by the Commonwealth in respect of the expenses of his or her attendance an amount ascertained in accordance with the prescribed scale or, if there is no prescribed scale, such amount as the Authority determines.

“(2) The Authority may direct that a person producing a document or thing pursuant to a notice issued under section 29 shall be paid by the Commonwealth in respect of the expenses of his or her attendance an amount ascertained in accordance with the prescribed scale or, if there is no prescribed scale, such amount as the Authority determines.”.

Terms and conditions of appointment

5. Section 37 of the Principal Act is amended:

(a) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) in the case of a member who is appointed on or after 1 July 1985 and before the commencement of section 5 of the Crimes Legislation Amendment Act 1988—for a period ending on 30 June 1989; or”;

(b) by omitting from paragraph (1) (c) “for a period of 4 years” and substituting “for such period, not exceeding 4 years, as is specified in the instrument of his or her appointment”;

(c) by inserting in subsection (1) “, subject to subsections (1a) and (1b),” before “is not eligible for re-appointment”;

(d) by inserting after subsection (1) the following subsections:

“(1a) The first Chairman may be re-appointed once for a period that does not extend beyond 12 months after the expiration of the Chairman’s first appointment.

“(1b) A member referred to. in paragraph (1) (b) may be re-appointed once for a period that does not exceed the difference between 4 years and the period of the member’s first appointment.”.


Cessation of operation of Act

6. Section 63 of the Principal Act is repealed.

PART III—AMENDMENTS OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

Principal Act

7. In this Part, “Principal Act” means the Telecommunications (Interception) Act 19792.

Judges

8. Section 6d of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

“(4) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.”.

Inspection of telegrams

9. Section 8 of the Principal Act is amended by omitting from paragraph (4) (b) “section 9, 10 or 20” and substituting “section 9 or 10 or a Part VI warrant.”.

Commonwealth agencies to keep documents connected with issue of warrants

10. Section 80 of the Principal Act is amended by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:

“(a) a copy of each warrant issued to the agency under Part IV and of each instrument revoking such a warrant, certified in writing by a certifying officer of the agency to be a true copy of the warrant or instrument;

(b) each warrant issued to the agency under Part VI, and each instrument revoking such a warrant;”.

Other records to be kept by Commonwealth agencies in connection with interceptions

11. Section 81 of the Principal Act is amended by omitting from subparagraph (2) (c) (iii) “information” and substituting “record”.

 

NOTES

1. No. 41, 1984, as amended. For previous amendments, see Nos. 123 and 165, 1984; Nos. 104 and 193, 1985; and No. 89, 1987.

2. No. 114, 1979, as amended. For previous amendments, see No. 181, 1979; Nos. 114 and 116, 1983; Nos. 6 and 116, 1984; Nos. 8 and 63, 1985; No. 102, 1986; and Nos. 89 and 120, 1987.


[Minister’s second reading speech made in—

House of Representatives on 24 February 1988

Senate on 13 April 1988]

Overview

The Crimes Legislation Amendment Act 1988 (No. 65 of 1988) was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to address various issues within the existing framework of the National Crime Authority Act 1984 and the Telecommunications (Interception) Act 1979. This Act sought to refine the processes and operational scope of these two pivotal pieces of legislation. The principal objective of the Act was to enhance the functionality and oversight of these Acts, ensuring that they meet the evolving needs of law enforcement and national security, while also providing adequate safeguards and procedural clarity. The Act’s provisions are structured to make amendments that improve the efficiency and effectiveness of the National Crime Authority and the oversight of telecommunications interception activities.

Scope and Application

The Crimes Legislation Amendment Act 1988 applies to the National Crime Authority and its members, as well as to persons and agencies involved in telecommunications interception, including Commonwealth agencies. It amends the National Crime Authority Act 1984 by altering the terms and conditions of appointment for members of the Authority, modifying the reimbursement of expenses for witnesses, and removing the cessation of operation provisions. Furthermore, the Act amends the Telecommunications (Interception) Act 1979 by adjusting the protection and immunity of eligible Judges, changing the inspection of telegrams, and requiring Commonwealth agencies to maintain specific documents related to warrants and interceptions. This Act has a Commonwealth jurisdictional reach and does not explicitly state exclusions, exemptions, or thresholds, but it allows for the extension or restriction of its application through subordinate instruments.

Key Provisions

The Crimes Legislation Amendment Act 1988 (C2004A03658) amends two principal acts: the National Crime Authority Act 1984 and the Telecommunications (Interception) Act 1979. The Act introduces significant changes to the reimbursement of expenses for witnesses and document producers, the terms and conditions of appointments for authority members, and the records-keeping obligations for Commonwealth agencies. Under the amendments, the National Crime Authority (NCA) is required to pay witnesses and document producers who attend before it for their expenses, as stipulated in the substituted section 26 (subsections 1 and 2). The terms and conditions of appointment for NCA members are altered by section 5, which specifies the duration of appointments and allows for reappointment under certain conditions. The Act also brings about the cessation of the operation of section 63 of the Principal Act, which is repealed by section 6. The Telecommunications (Interception) Act 1979 is amended by this Act to enhance the protection and immunity of eligible Judges when performing their functions under the Act, as outlined in the revised section 6d (subsection 4). The inspection of telegrams is restricted to warrants specified in section 8 (paragraph 4), and Commonwealth agencies are mandated to keep detailed records of warrants issued and revoked, as detailed in section 80 (subsections 1(a) and (b)). Additionally, section 81 (subparagraph 2(c)) requires agencies to maintain records rather than specific information. The obligations imposed by the Crimes Legislation Amendment Act 1988 on the parties it governs are primarily administrative and procedural. The NCA must ensure that expenses of witnesses and document producers are reimbursed as per the prescribed scale or determined by the Authority itself. The terms and conditions of appointments for NCA members are now more flexible, allowing for reappointments under specified conditions. Commonwealth agencies are required to keep meticulous records of warrants and instruments, ensuring that all documentation is certified and maintained in accordance with the amended sections. Breaches of the obligations set forth by the Crimes Legislation Amendment Act 1988 could lead to various civil or administrative consequences. Failure to comply with the reimbursement provisions could result in legal challenges from aggrieved parties seeking compensation for unreimbursed expenses. Non-compliance with the terms and conditions of appointments might lead to disputes regarding the validity of appointments and reappointments. For the Telecommunications (Interception) Act 1979 amendments, non-compliance with the records-keeping requirements could lead to administrative penalties or legal action for failing to maintain the mandated records. The Act does not explicitly state maximum penalties for breaches, but such actions could potentially result in fines or other sanctions as determined by the respective courts or regulatory bodies.

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Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Terms and conditions of appointment
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