Telecommunications (Interception) Amendment Act 1983

Legislation au C2004A02833 Not in force Act

Legislation content

Telecommunications (Interception) Amendment Act 1983

No. 116 of 1983

 

An Act to amend the Telecommunications (Interception) Act 1979

[Assented to 16 December 1983]

BE IT ENACTED by the Queen, and the Senate and the 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 1983.

(2) The Telecommunications (Interception) Act 19791 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After section 7 of the Principal Act the following section is inserted:

Information may be forwarded to the Cross Inquiry

“7a. (1) In this section—

‘inquiry’ means an inquiry being conducted by the Honourable Ronald Francis Cross, a Judge of the Supreme Court of New South Wales, being an inquiry established by Letters Patent dated 8 November 1983 made and issued under the authority of the Special Commissions of Inquiry Act, 1983 of New South Wales;


‘relevant offence’ means an offence against a law of the Commonwealth, a law of a State or a law of a Territory that is punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years.

“(2) In this section, a reference to the purpose of an inquiry shall be construed as a reference to any one or more of the matters that are being inquired into by the person conducting the inquiry.

“(3) The person conducting an inquiry may, by notice in writing given to the Attorney-General, request the Attorney-General

(a) to ascertain, in accordance with sub-section (4), whether there is any information that has been lawfully obtained by intercepting a communication passing over a telecommunications system, or by virtue of a warrant issued under section 21, being information that

(i) is relevant to the purpose of the inquiry; and

(ii) relates, or appears to relate, to the commission, or intended commission, of a relevant offence specified in the notice of the request; and

(b) if any information has been so obtained, is relevant to that purpose and relates, or appears to relate, to the commission, or intended commission, of that offence, to communicate that information to that person.

“(4) Where a request is made in accordance with sub-section (3) by the person conducting an inquiry, the Attorney-General may, if he is satisfied that it is appropriate in all the circumstances to do so, by notice in writing given to the Commissioner of Police, direct the Commissioner

(a) to ascertain whether there is in the possession of the Australian Federal Police any information that—

(i) has been lawfully obtained by intercepting a communication passing over a telecommunications system, or by virtue of a warrant issued under section 21;

(ii) relates, or appears to relate, to the purpose of an inquiry, or may be otherwise incidental to or connected with the subject-matter of that inquiry; and

(iii) relates, or appears to relate, to the commission, or intended commission, of the relevant offence specified in the notice of the request; and

(b) if any such information is in the possession of the Australian Federal Police, to communicate the information to the Attorney-General.

“(5) The Commissioner of Police shall comply with any direction given to him by the Attorney-General under sub-section (4).

“(6) Where—

(a) information is communicated to the Attorney-General in accordance with a direction given by him under sub-section (4); and


(b) the Attorney-General is satisfied that the information so communicated to him, or a part of that information—

(i) is relevant to the purpose of an inquiry; and

(ii) relates, or appears to relate, to the commission, or intended commission, of the relevant offence specified in the notice of the request under sub-section (3),

the Attorney-General may, if he is satisfied that it is appropriate in all the circumstances to do so, communicate that information or that part of that information, as the case may be, to the person conducting the inquiry and may, when so communicating information, impose conditions as to the use that may be made of the information.

“(7) Where, in accordance with sub-section (6), the Attorney-General communicates information to the person conducting an inquiry, that person may, with the approval in writing of the Attorney-General—

(a) communicate the information to another person; or

(b) cause the information or a part of the information to be published in a report of the inquiry.

“(8) Where the Attorney-General decides under sub-section (6) to communicate or not to communicate, as the case may be, information, he shall, subject to sub-section (9), cause to be laid before each House of the Parliament, within 15 sitting days of that House after the decision is made, a document—

(a) if information is communicated in accordance with sub-section (6)—

(i) stating that information has been so communicated;

(ii) setting out the conditions (if any) imposed as to the use that may be made of the information; and

(iii) stating whether or not any approval has been given in accordance with sub-section (7) in relation to the information; or

(b) if the Attorney-General decides under sub-section (6) not to communicate information—stating the reasons for his decision.

“(9) The Attorney-General shall not cause to be laid before a House of the Parliament a document of the kind referred to in sub-section (8) if, in the opinion of the Attorney-General, the laying of that document before that House would reveal the nature of the information communicated by the Attorney-General or would prejudice the reputation of a person.

“(10) The Attorney-General may, for the purposes of the exercise of his powers under this section, communicate information obtained by him pursuant to sub-section (4) to an officer of the Attorney-General’s Department.

“(11) Subject to the Constitution, a decision of the Attorney-General under this section is not subject to review by any court or other tribunal.

“(12) Sub-section 7 (4) does not apply in relation to a communication of information in accordance with this section.”.


NOTE

1. No. 114, 1979, as amended. For previous amendments, see No. 181, 1979; and No. 1983.

Overview

The Telecommunications (Interception) Amendment Act 1983, enacted in 1983, amends the Telecommunications (Interception) Act 1979. This legislation was introduced to address the need for a more flexible and targeted approach to the use of intercepted telecommunications data in judicial inquiries, particularly in the context of significant criminal investigations. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. Its policy objective is to facilitate the efficient and appropriate use of intercepted communications in support of judicial inquiries, thereby enhancing the ability to investigate serious criminal activities. This amendment allows for the communication of intercepted information to inquiries conducted by authorised persons, provided that it pertains to specific, serious criminal offences and is deemed relevant to the inquiry's purpose.

Scope and Application

The Telecommunications (Interception) Amendment Act 1983 is an amendment to the Telecommunications (Interception) Act 1979, and it applies to persons and entities involved in telecommunications within Australia, specifically in relation to intercepting communications that are relevant to a designated inquiry. The Act allows for the forwarding of intercepted information to a specific inquiry being conducted by a Judge of the Supreme Court of New South Wales. This inquiry must be related to an offence punishable by imprisonment for life or for a period of not less than three years. The geographic reach of this Act is national, as it pertains to communications intercepted under Australian federal law. There are no explicit exclusions or exemptions mentioned within the Act itself, but the scope of application can be extended or restricted through subordinate instruments or regulations, although these are not detailed in the text. The Act provides mechanisms for the Attorney-General to ascertain and communicate information to the person conducting the inquiry, subject to certain conditions and limitations to protect sensitive information.

Key Provisions

The Telecommunications (Interception) Amendment Act 1983 (C2004A02833) amends the Telecommunications (Interception) Act 1979 (Principal Act) by inserting a new section (7a) which facilitates the communication of intercepted telecommunications information to an inquiry being conducted by the Honourable Ronald Francis Cross, a Judge of the Supreme Court of New South Wales. This inquiry was established under the Special Commissions of Inquiry Act 1983 of New South Wales. The inserted section 7a provides the legal framework for the Attorney-General to ascertain, and if applicable, communicate information obtained through lawful interception of telecommunications or under a warrant, that is relevant to the inquiry and pertains to the commission or intended commission of a relevant offence. The term "relevant offence" is defined as any offence punishable by imprisonment for life or for a period of not less than three years. The Act imposes several obligations on the parties involved. The person conducting the inquiry can request the Attorney-General to ascertain and communicate relevant information, subject to the Attorney-General's discretion. The Attorney-General, upon receiving a request, can direct the Commissioner of Police to ascertain the existence of such information held by the Australian Federal Police and communicate it to the Attorney-General. If the Attorney-General finds the information relevant and appropriate, they can then communicate it to the person conducting the inquiry, with the option to impose conditions on its use. The person conducting the inquiry can further communicate or publish the information, subject to the Attorney-General’s approval. The Act also outlines specific consequences for breaches and non-compliance. While the Act does not explicitly state any penalties for breaching its provisions, it does mention that a decision of the Attorney-General under this section is not subject to review by any court or other tribunal. Additionally, the Attorney-General is precluded from laying certain documents before a House of the Parliament if doing so would reveal the nature of the information or prejudice the reputation of a person. This underscores the sensitive nature of the information and the importance of handling it with care to avoid unnecessary disclosure or reputational harm.

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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.