Telecommunications (Interception) Amendment Act 1985

Legislation au C2004A03047 Not in force Act

Select Document

No. 8 of 1985

An Act to amend the Telecommunications (Interception) Act 1979

[Assented to 29 March 1985]

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 1985.

(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.

Documents may be given to Stewart Royal Commission, Commissioner of Public Complaints of New South Wales or the National Crime Authority

3. Section 7b of the Principal Act is amended—

(a) by omitting sub-section (2);

(b) by omitting from sub-section (3) “and the Commissioner is satisfied as to the matters mentioned in sub-section (2), he may make use of the document for the purposes of any inquiry referred to in that paragraph” and substituting “, he may make use of the document for the purposes of any inquiry referred to in that paragraph or any other inquiry that he is authorized to make by an appointment made (whether before or after the commencement of the Telecommunications (Interception) Amendment Act 1985) by the Governor, or Lieutenant-Governor, of the State of New South Wales or the Governor-General, or the Administrator of the Government, of the Commonwealth”;

(d) by omitting from sub-section (5) “and the Authority is satisfied as to the matters mentioned in sub-section (2)”; and

(e) by adding at the end the following sub-section:

“(6) This section has effect notwithstanding sub-section 7 (4).”.

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

Other documents or information may be given to Stewart Royal Commission

“7ba. (1) In this section, ‘unlawfully obtained material’ means a document or information arising out of or relating to the unlawful interception (whether before or after the commencement of this section) in New South Wales of a communication passing over a telecommunications system, being a document or information that discloses the commission of an offence or the possible commission of an offence against a law of the Commonwealth or a law of a Territory.

“(2) Nothing in this Act makes it unlawful for a person who has possession of a document or information that is unlawfully obtained material from giving that document or communicating that information to the Honourable Donald Gerard Stewart, being the person referred to in paragraph 7b (1) (a), in connection with an inquiry referred to in that paragraph or any other inquiry that the Honourable Donald Gerard Stewart is authorized to make by an appointment made (whether before or after the commencement of this section) by the Governor, or the Lieutenant-Governor, of the State of New South Wales or the Governor-General, or the Administrator of the Government, of the Commonwealth.

“(3) If unlawfully obtained material is given or communicated to the Honourable Donald Gerard Stewart, he may make use of the material for the purposes of any inquiry referred to in sub-section (2) and, without limiting the generality of the foregoing, he may—

(a) in the case of material constituted by a document—

(i) show the document to a person giving evidence in the course of the inquiry;

(ii) include matter contained in the document in any report by him of the results of the inquiry; and

(iii) make such other use of the document as he considers appropriate for the purpose of identifying the person who made the document and the circumstances in which the document was made; and

(b) in the case of material constituted by information—

(i) communicate the information to a person giving evidence in the course of the inquiry;

(ii) include the information in any report by him of the results of the inquiry; and

(iii) make such other use of the information as he considers appropriate for the purpose of identifying the circumstances in which the person who gave the information to him obtained the information.

“(4) Where, in the course of holding an inquiry referred to in sub-section (2), the Honourable Donald Gerard Stewart obtains a document or information that relates, or that may relate, to the commission of an offence, or evidence of the commission of an offence, against a law of the Commonwealth, of a State or of a Territory, he may, if in his opinion it is appropriate so to do, give the document or communicate the information, as the case may be, to—

(a) the Attorney-General of the Commonwealth, of a State or of the Northern Territory;

(b) the Director of Public Prosecutions;

(d) the Commissioner of the Australian Federal Police or of the Police Force of a State or of the Northern Territory;

(e) the authority or person responsible for the administration or enforcement of that law; or

(f) the National Crime Authority.

“(5) This section has effect notwithstanding sub-section 7 (4).”.

NOTE

1. No. 114, 1979, as amended. For previous amendments, see No. 181, 1979; Nos. 114 and 116, 1983; and Nos. 6 and 116, 1984.

[Minister’s second reading speech made in—

House of Representatives on 28 March 1985

Senate on 28 March 1985]

Overview

The Telecommunications (Interception) Amendment Act 1985 was enacted by the Parliament of Australia to address the need for enhanced investigative powers in relation to unlawful telecommunications interceptions in New South Wales. This amendment to the Telecommunications (Interception) Act 1979 was introduced to allow the use of documents or information obtained unlawfully in the course of specific inquiries. The policy objective was to ensure that certain investigations, particularly those conducted by the Honourable Donald Gerard Stewart, could utilise such materials without legal repercussions, provided they were relevant to the commission of offences under Commonwealth, state, or territory laws. The Act also allowed for the transfer of such materials to relevant authorities for further action, thereby facilitating the enforcement of the law and the investigation of serious crimes.

Scope and Application

The Telecommunications (Interception) Amendment Act 1985 amends the Telecommunications (Interception) Act 1979, broadening the scope of authorised access to intercepted telecommunications for investigative purposes. The Act applies to persons and entities that may possess documents or information resulting from the unlawful interception of communications within New South Wales, particularly those related to criminal offences against Commonwealth, state, or territory laws. It specifies that these documents or information may be provided to the Honourable Donald Gerard Stewart, who is authorised to use them for inquiries into criminal offences. The Act has a jurisdictional reach throughout the Commonwealth of Australia, affecting both state and federal authorities. There are no stated exclusions or exemptions within the Act, but its provisions are limited to the context of unlawful interceptions and do not extend to lawful interceptions. The application of the Act may be further defined or restricted through subordinate instruments, which could provide additional guidelines or limitations on its use.

Key Provisions

The Telecommunications (Interception) Amendment Act 1985 (Act) primarily serves to amend the Telecommunications (Interception) Act 1979 (Principal Act). Section 3(a) of the Act removes subsection (2) from section 7b of the Principal Act, while section 3(b) modifies subsection (3) to allow the use of documents for any inquiry that an authorized person is permitted to conduct, irrespective of whether the appointment was made before or after the Act's commencement. Furthermore, section 3(c) and (d) remove specific conditions from subsections (4) and (5) of section 7b, and section 3(e) adds a new subsection (6) to clarify that these changes override any conflicting provisions in the Principal Act. Section 4 of the Act inserts a new section 7ba, which defines 'unlawfully obtained material' as documents or information related to the unlawful interception of communications in New South Wales that pertain to federal, state, or territory offences. This section ensures that individuals in possession of such material are not prohibited from sharing it with the Honourable Donald Gerard Stewart, the person designated under section 7b(1)(a), for inquiries he is authorised to conduct. The Act imposes several obligations and requirements on those involved in telecommunications interceptions and the use of unlawfully obtained material. Firstly, it mandates that any document or information deemed 'unlawfully obtained material' can be shared with the Honourable Donald Gerard Stewart for authorised inquiries without legal repercussions (section 7ba(2)). Furthermore, it outlines specific uses for such material once it is in the hands of Mr. Stewart, including showing documents to witnesses, including content in reports, and identifying the origin of the material (section 7ba(3)). Additionally, if Mr. Stewart obtains documents or information related to offences during an inquiry, he is authorised to share this information with various law enforcement and prosecutorial bodies, as specified in section 7ba(4). The Act also establishes consequences for breaches of its provisions. However, the Act itself does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. Instead, the legal repercussions would likely be governed by the broader legal framework under which the Principal Act operates, including potential penalties for unlawful interception of communications under other relevant legislation. Therefore, while the Act does not impose specific penalties within its text, the seriousness of its provisions suggests that any breaches could lead to significant legal consequences under existing laws.

Area of Law: Privacy Law
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Enforcement Powers

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions