Telecommunications (Interception) Amendment Act 1979

Legislation au C2004A02191 Not in force Act

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Telecommunications (Interception) Amendment Act 1979

No. 181 of 1979

An Act to amend the Telecommunications (Interception) Act 1979 for and in relation to the conferring of powers on the Australian Federal Police in respect of narcotics offences.

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

Short title, &c.

1. (1) This Act may be cited as the Telecommunications (Interception) Amendment Act 1979.

(2) The Telecommunications (Interception) Act 1979 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Australian Security Intelligence Organization Act 1979 comes into operation.

Interpretation

3. Section 5 of the Principal Act is amended—

(a) by inserting after the definition of “commission” in sub-section (1) the following definition:

“‘Commissioner of Police’ means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting Commissioner of Police;”;

(b) by omitting from sub-section (1) the definitions of “Comptroller-General of Customs” and “officer of Customs”;

(c) by inserting after the definition of “Managing Director of the Commission” in sub-section (1) the following definition:

“‘member of the Australian Federal Police’ includes a special member of the Australian Federal Police;”; and

(d) by omitting from sub-section (4) “or the Comptroller-General of Customs”.

Telecommunications not to be intercepted

4. Section 7 of the Principal Act is amended—

(a) by omitting sub-paragraph (i) of paragraph (b) of sub-section (5) and substituting the following sub-paragraph:

“(i) where the information relates, or appears to relate, to the commission, or intended commission, of an offence against the law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years—information may be communicated to a member of the Australian Federal Police for the purposes of investigations into the offence or to an officer of the Police Force of a State or Territory, as the case may be; or”; and


(b) by omitting paragraph (c) of sub-section (5) and substituting the following paragraph:

“(c) a member of the Australian Federal Police, or an officer of the Police Force of a State or Territory, may, in the course of performing his duties as such a member or officer, communicate to another member of the Australian Federal Police or to another officer of that Police Force, as the case may be, information that was communicated to him in accordance with paragraph 18(3)(a) or (b) of the Australian Security Intelligence Organization Act 1979 or with sub-paragraph (b)(i) of this sub-section.”.

Inspection of telegrams

5. Section 8 of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (4) “the Comptroller-General of Customs or his Department” and substituting “the Commissioner of Police or the Australian Federal Police”.

Heading to Part IV

6. The heading to Part IV of the Principal Act is amended by omitting “THE CUSTOMS” and substituting “THE AUSTRALIAN FEDERAL POLICE”.

Manner in which warrants, &c., to be dealt with

7. Section 25 of the Principal Act is amended by omitting from sub-section (3) “his Department” and substituting “the Australian Federal Police”.

Reports to be made to Minister concerning use of listening devices

8. Section 27 of the Principal Act is amended by omitting from sub-section (2) “a report in writing on the extent to which the interception of communications, or the inspection of telegrams, as the case may be, in pursuance of the warrant has assisted officers of Customs in narcotics inquiries that are being, or have been, made by officers of Customs” and substituting “a report in writing with respect to the use made by members of the Australian Federal Police of information obtained by intercepting communications or inspecting telegrams, as the case may be, in pursuance of the warrant and the communication of any information so obtained to persons other than members of the Australian Federal Police”.

Formal amendments

9. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section 9

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting “Comptroller-General of Customs” (wherever occurring) and substituting “Commissioner of Police”:

Sections 7 (5), 8 (3), 21 (1), 22 (1) and (2), 23, 24, 25 (1), (2) and (3) and 27 (l) and (2).

2. The following provisions of the Principal Act are amended by omitting “an officer of Customs” (wherever occurring) and substituting “a member of the Australian Federal Police”:

Sections 7 (5), 8 (1), 20 (1), 21 (1) and 22 (1).

3. The following provisions of the Principal Act are amended by omitting “officers of Customs” (wherever occurring) and substituting “members of the Australian Federal Police”:

Sections 5 (3), 7 (4), 8 (3), 20 (1), 21 (1), 22 (1) and 24.

 

 

Overview

The Telecommunications (Interception) Amendment Act 1979 (No. 181 of 1979) was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Telecommunications (Interception) Act 1979, specifically to address the need for enhanced powers for the Australian Federal Police (AFP) in the context of narcotics offences. This Act was designed to provide the AFP with the necessary authority to intercept telecommunications in relation to serious criminal activities, thereby strengthening the capacity of law enforcement agencies in combating narcotics-related crimes. The policy objective of this amendment was to align the interception powers more closely with the roles and responsibilities of the AFP, ensuring a more effective and targeted approach to narcotics enforcement. The Act came into operation concurrently with the Australian Security Intelligence Organization Act 1979.

Scope and Application

The Telecommunications (Interception) Amendment Act 1979 amends the Telecommunications (Interception) Act 1979 to confer specific powers on the Australian Federal Police (AFP) in relation to narcotics offences. This Act applies to the AFP, particularly the Commissioner of Police and members of the AFP, replacing the role of the Comptroller-General of Customs and officers of Customs previously outlined in the Principal Act. The geographic and jurisdictional reach of this Act is the Commonwealth of Australia, thereby impacting national telecommunications interception activities. The Act does not specify exclusions or exemptions but instead narrows the scope by focusing on narcotics offences that are punishable by imprisonment for a specified duration. The application of the Act may be further extended or restricted through subordinate instruments, although the Act itself does not provide explicit details on this aspect. Reports concerning the use of intercepted communications or inspected telegrams by the AFP must be made to the Minister, documenting how such information has been utilised in investigations and any communication of such information to non-AFP personnel.

Key Provisions

The Telecommunications (Interception) Amendment Act 1979 (Act) primarily serves to transfer certain powers and responsibilities from the Customs Service to the Australian Federal Police (AFP) in the context of intercepting telecommunications and inspecting telegrams for narcotics-related offences. Section 3 of the Act amends the definition of key terms such as "Commissioner of Police" and "member of the Australian Federal Police" in the Principal Act, which is the Telecommunications (Interception) Act 1979. It also removes references to the "Comptroller-General of Customs" and "officer of Customs," streamlining the terminology to focus on the AFP. Under this Act, members of the Australian Federal Police are granted the authority to intercept telecommunications and inspect telegrams if the information relates to serious criminal offences. Section 4 of the Act modifies Section 7 of the Principal Act, specifying that information relating to offences punishable by imprisonment for life or for a period of not less than three years may be communicated to AFP members for investigation purposes. Furthermore, Section 7 of the Act allows AFP members to communicate intercepted information to other AFP members or state police officers as necessary. The Act imposes specific obligations on the Australian Federal Police, such as the requirement to submit reports to the Minister concerning the use of intercepted communications and inspected telegrams. Section 8 of the Act amends Section 27 of the Principal Act to mandate that these reports detail how AFP members use the intercepted information and whether it has been communicated to persons outside the AFP. Additionally, Section 7 requires that warrants and other related documents be handled by the AFP, ensuring that the processes are streamlined and centralised under the AFP’s purview. For breaches of the provisions outlined in the Act, penalties may apply. Although the specific penalties are not detailed within the text of this Act, violations of the Principal Act typically involve significant criminal and civil penalties. For instance, unauthorised interception of communications can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Civil actions may also be pursued for breaches, leading to damages for those affected by unlawful interceptions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.