Telecommunications (Interception) Amendment Act 1984

Overview

The Telecommunications (Interception) Amendment Act 1984 was enacted to address the specific need to furnish certain intercepted telecommunications information to the Honourable John Patrick Slattery, who was conducting a Special Commission of Inquiry under the Special Commissions of Inquiry Act 1983 of New South Wales. This Act amends the Telecommunications (Interception) Act 1979 to enable the forwarding of such information, as authorised by the Attorney-General, to the Slattery Inquiry. The enactment by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, signifies its legislative authority and scope. The overarching policy objective is to ensure that the necessary information is made available for the purposes of the Special Commission of Inquiry, while maintaining the conditions and controls previously established under the Principal Act.

Scope and Application

The Telecommunications (Interception) Amendment Act 1984 amends the Telecommunications (Interception) Act 1979 to allow certain intercepted information to be provided to the Honourable John Patrick Slattery for the purposes of a Special Commission of Inquiry established under the Special Commissions of Inquiry Act, 1983 of New South Wales. This Act applies to intercepted telecommunications information and specifically modifies the definition of "inquiry" in section 7a of the Principal Act to include the Slattery Inquiry. It allows the Attorney-General to authorise the forwarding of this information to the person conducting the inquiry, subject to the same conditions as previously imposed under the Principal Act. The amendment ensures that the information provided is used in compliance with the terms set out in the Principal Act and exempts such information transfers from specific provisions of the Principal Act that would otherwise apply. This Act operates within the Commonwealth jurisdiction and does not specify any exclusions or exemptions beyond those outlined in the Principal Act.

Key Provisions

The Telecommunications (Interception) Amendment Act 1984 (Act) introduces specific provisions to amend the Telecommunications (Interception) Act 1979 (Principal Act). It is designed to allow certain intercepted information to be forwarded to the Honourable John Patrick Slattery for the purposes of a Special Commission of Inquiry established under the Special Commissions of Inquiry Act, 1983 of New South Wales. Section 3 of the Act modifies section 7a of the Principal Act by replacing the reference to "Honourable Ronald Francis Cross" with "Honourable John Patrick Slattery" and changing the date "8 November 1983" to "27 March 1984". The Act imposes specific obligations on parties involved in the handling of intercepted information. Section 4(2) of the Act allows the Attorney-General to authorise the communication of information to the person conducting the inquiry, specifically the Honourable John Patrick Slattery. When such authorisation is granted, the conditions under which the information may be used apply as if it had been communicated under section 7a(6) of the Principal Act, and the same conditions that were imposed under section 7a(6) of the Principal Act apply to its use. Section 4(4) of the Act also stipulates that subsection 7(4) of the Principal Act does not apply to the communication of information pursuant to this section. The Act delineates the consequences for breaches of its provisions. While the Act itself does not explicitly list specific offences, penalties, or consequences for breaches, the Principal Act, which this Amendment Act modifies, contains provisions that may apply. For example, under the Principal Act, unauthorised interceptions or disclosures of intercepted information can lead to criminal charges, with potential penalties including substantial fines and imprisonment. The exact penalties would depend on the specific breaches and the jurisdiction’s sentencing guidelines at the time of the offence.