Telecommunications (Interception) Amendment Act 1987
No. 89 of 1987
TABLE OF PROVISIONS
Section
1. Short title etc.
2. Commencement
3. Repeal of section 3
4. Insertion of heading
5. Interpretation
6. Insertion of new sections:
5a. Communicating etc. certain information
5b. Exempt proceedings
5c. Information or question relevant to inspection by Ombudsman
7. Interception of a communication
8. Insertion of new sections:
6a. Investigation of an offence
6b. Involvement in an offence
6c. Issue of warrant to agency or eligible authority
6d. Judges
6e. Lawfully obtained information
6f. Offences
6g. Officer of the Commonwealth, of a State or of a Territory
6h. Person to whom application relates
6j. Proceeding by way of a prosecution for an offence
6k. Proceeding for confiscation or forfeiture or for pecuniary penalty
6l. Relevant proceedings
6m. Terminating the appointment of an officer
9. Telecommunications not to be intercepted
10. Repeal of sections 7a, 7b, 7ba and 7c
11. How warrants etc. to be dealt with
12. Repeal of section 16
TABLE OF PROVISIONS—continued
Section
13. Amendment of heading
14. Repeal of sections 18, 19 and 20 and substitution of new sections:
20a. Issue of warrant in relation to class 1 offence
20b. Issue of warrant in relation to class 2 offence
15. Warrants under this Part
16. Repeal of sections 22, 23 and 24 and substitution of new section:
23. Revocation of warrant
17. How warrants etc. to be dealt with
18. Repeal of sections 25a, 26, 27, 28 and 29
19. Emergency request
20. Repeal of section 31
21. Addition of new Parts:
PART VI—WARRANTS AUTHORISING THE AUSTRALIAN FEDERAL POLICE TO INTERCEPT TELECOMMUNICATIONS
Division 1—Telecommunications Interception Division of the Australian Federal Police
32. Constitution
33. Function
Division 2—Declaration of State Law Enforcement Authorities as Agencies
34. Declaration of an eligible authority of a State as an agency
35. Preconditions for declaration
36. Disallowance of declaration
37. Revocation of declaration
38. Effect of revocation
Division 3—Applications for Warrants
39. Agency may apply for warrant
40. Form of application
41. Contents of application
42. Affidavit to accompany written application
43. Information to be given on telephone application
44. Giving further information to Judge
Division 4—Warrants
45. Issue of warrant in relation to class 1 offence
46. Issue of warrant in relation to class 2 offence
47. Limit on authority conferred by warrant under section 45 or 46
48. Issue of warrant for entry on premises
49. Form and content of warrant
50. Issue of warrant on telephone application
51. Action by agency after warrant issued on telephone application
52.
Overview
The Telecommunications (Interception) Amendment Act 1987 (Cth) was enacted to amend the Telecommunications (Interception) Act 1979 (Cth) and address issues in the legislative framework surrounding the interception of telecommunications. The Act was passed by the Queen, with the consent of the Senate and the House of Representatives of the Commonwealth of Australia, and received Royal Assent on 5 June 1987. The primary objective of this Act is to refine the procedures, authority, and oversight mechanisms for the interception of telecommunications, ensuring that the balance between law enforcement needs and privacy rights is maintained. The Act introduces new provisions, repeals certain sections of the Principal Act, and makes consequential amendments to other Acts to align with the changes introduced by this legislation. Key changes include the introduction of a new division on warrants authorising the Australian Federal Police to intercept telecommunications, the establishment of a Telecommunications Interception Division within the Australian Federal Police, and the expansion of the functions and powers of the Ombudsman in inspecting and reporting on the interception records of Commonwealth agencies.
Scope and Application
The Telecommunications (Interception) Amendment Act 1987 (Cth) amends the Telecommunications (Interception) Act 1979 (Cth) to enhance and refine the process of intercepting telecommunications in the investigation of serious crimes. This Act applies to Commonwealth agencies, eligible authorities of states, and individuals who are subject to warrants issued under the Act. It operates nationally, covering telecommunications services across state and territory borders. The Act does not explicitly state exclusions or thresholds but implies restrictions through its detailed provisions on who can apply for warrants, the types of offences warranting interception, and the conditions under which interception is permissible. The Act allows for the extension of its application through subordinate instruments, such as regulations made under section 108, which can prescribe additional matters necessary for the Act's operation.
Key Provisions
- The Telecommunications (Interception) Amendment Act 1987 introduces significant changes to the Telecommunications (Interception) Act 1979, focusing on the interception of telecommunications by authorised agencies. The key sections of the Act outline the requirements and procedures for obtaining warrants, the handling of intercepted communications, and the obligations of agencies involved in interception activities. Specifically, the Act revises the conditions under which warrants for intercepting telecommunications can be issued, emphasizing the necessity and proportionality of such interceptions in relation to serious offences. It also mandates the reporting and inspection processes to ensure compliance with legal standards and the protection of individual privacy rights.
- Agencies applying for warrants must demonstrate to a judge that the information sought is necessary for investigating serious offences and that alternative methods of investigation are either unavailable or inadequate. The Act delineates the roles and responsibilities of various officers and agencies, including the Australian Federal Police, in executing warrants and managing intercepted information. It outlines strict protocols for the handling, storage, and disposal of intercepted communications to prevent unauthorized access and use.
- In terms of legal consequences, the Act stipulates penalties for unauthorized interception, use, or disclosure of intercepted communications, and for obstructing authorized investigations or inspections. These offences are subject to fines and/or imprisonment, reflecting the Act's intent to enforce strict compliance with its provisions. Furthermore, the Act includes provisions for the regulation of interception activities through the issuance of warrants and the oversight of agencies by the Ombudsman, ensuring accountability and transparency in the use of interception powers.
- Area of Law
- Criminal Law
- Communications Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Civil Penalty Provisions
- Regulatory Standards