Telecommunications (Interception) Amendment Act 1999

Administered by Department of Home Affairs

Legislation au C2004A00542 In force Act

Legislation content

 

 

 

 

Telecommunications (Interception) Amendment Act 1999

 

No. 151, 1999

 

 

 

 

Telecommunications (Interception) Amendment Act 1999

 

No. 151, 1999

 

 

 

 

An Act to amend the law relating to telecommunications interception, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Anti‑Corruption Commission and Queensland Crime Commission

Telecommunications (Interception) Act 1979

Schedule 2—Telecommunications Interception Policy Review

Telecommunications (Interception) and Listening Device Amendment Act 1997

 

Telecommunications (Interception) Amendment Act 1999

No. 151, 1999

 

 

 

An Act to amend the law relating to telecommunications interception, and for related purposes

[Assented to 11 November 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications (Interception) Amendment Act 1999.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Anti‑Corruption Commission and Queensland Crime Commission

 

Telecommunications (Interception) Act 1979

1  Subsection 5(1)

Insert:

Anti‑Corruption Commission means the Anti‑Corruption Commission established by the Anti‑Corruption Commission Act.

2  Subsection 5(1)

Insert:

Anti‑Corruption Commission Act means the Anti‑Corruption Commission Act 1988 of Western Australia.

3  Subsection 5(1) (at the end of the definition of certifying officer)

Add:

 ; or (h) in the case of the Anti‑Corruption Commission:

 (i) a member of the Anti‑Corruption Commission; or

 (ii) a member of the staff of the Anti‑Corruption Commission who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Management Act 1994 of Western Australia, and who is authorised in writing by the chairman of the Anti‑Corruption Commission for the purposes of this paragraph; or

 (i) in the case of the QCC:

 (i) a commission member; or

 (ii) a member of the staff of the QCC who is a senior executive within the meaning of the Public Service Act 1996 of Queensland, or who holds an office or position at an equivalent level, and who is authorised in writing by the Queensland crime commissioner for the purposes of this paragraph.

4  Subsection 5(1) (at the end of the definition of chief officer)

Add:

 ; or (i) in the case of the Anti‑Corruption Commission—the chairman of the Anti‑Corruption Commission; or

 (j) in the case of the QCC—the Queensland crime commissioner.

5  Subsection 5(1)

Insert:

commission member has the same meaning as in the Queensland Act.

6  Subsection 5(1) (at the end of paragraph (c) of the definition of eligible authority)

Add “or the QCC”.

7  Subsection 5(1) (at the end of the definition of eligible authority)

Add:

 ; or (d) in the case of Western Australia—the Anti‑Corruption Commission.

8  Subsection 5(1)

Insert:

member of the Anti‑Corruption Commission means a member within the meaning of the Anti‑Corruption Commission Act.

9  Subsection 5(1)

Insert:

member of the staff of the Anti‑Corruption Commission means:

 (a) an officer of the Commission; or

 (b) a seconded officer; or

 (c) a special investigator;

within the meaning of the Anti‑Corruption Commission Act.

10  Subsection 5(1)

Insert:

member of the staff of the QCC means a person who is an authorised QCC officer within the meaning of the Queensland Act.

11  Subsection 5(1) (at the end of the definition of officer)

Add:

 ; or (i) in the case of the Anti‑Corruption Commission:

 (i) a member of the Anti‑Corruption Commission; or

 (ii) a member of the staff of the Anti‑Corruption Commission; or

 (j) in the case of the QCC:

 (i) a commission member; or

 (ii) a member of the staff of the QCC.

12  Subsection 5(1) (at the end of the definition of prescribed investigation)

Add:

 ; or (g) in the case of the Anti‑Corruption Commission—means an investigation that the Anti‑Corruption Commission is conducting in the performance of its functions under the Anti‑Corruption Commission Act; or

 (h) in the case of the QCC—means an investigation that the QCC is conducting in the performance of its functions under the Queensland Act.

13  Subsection 5(1)

Insert:

QCC means the Queensland Crime Commission established by the Queensland Act.

14  Subsection 5(1)

Insert:

Queensland Act means the Crime Commission Act 1997 of Queensland.

15  Subsection 5(1)

Insert:

Queensland crime commissioner means the crime commissioner within the meaning of the Queensland Act.

16  Subsection 5(1) (at the end of the definition of relevant offence)

Add:

 ; or (i) in the case of the Anti‑Corruption Commission—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or

 (j) in the case of the QCC—a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates.

17  Paragraph 6A(1)(c)

Omit “or the Police Integrity Commission”, substitute “, the Police Integrity Commission, the Anti‑Corruption Commission or the QCC”.

18  Paragraph 6L(2)(c)

After “Commission”, insert “or the QCC”.

19  At the end of subsection 6L(2)

Add:

 ; or (d) in the case of the Anti‑Corruption Commission—a reference to a proceeding by way of a prosecution for a prescribed offence:

 (i) that is an offence against the law of Western Australia; and

 (ii) to which a prescribed investigation relates or related.

20  At the end of subsection 39(2)

Add:

 ; or (h) in the case of the Anti‑Corruption Commission:

 (i) a member of the Anti‑Corruption Commission; or

 (ii) a member of the staff of the Anti‑Corruption Commission; or

 (i) in the case of the QCC:

 (i) a commission member; or

 (ii) a member of the staff of the QCC.

21  At the end of section 68

Add:

 ; and (g) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Anti‑Corruption Commission—to the chairman of the Anti‑Corruption Commission; and

 (h) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the QCC—to the Queensland crime commissioner.


Schedule 2—Telecommunications Interception Policy Review

 

Telecommunications (Interception) and Listening Device Amendment Act 1997

1  Section 3

Repeal the section.

 

(170/99)


[Minister’s second reading speech made in—

House of Representatives on 2 September 1999

Senate on 14 October 1999]

 

 

 

Overview

The Telecommunications (Interception) Amendment Act 1999 was enacted by the Parliament of Australia to amend the existing law concerning telecommunications interception. This Act seeks to address gaps in the legal framework surrounding telecommunications interception by updating the Telecommunications (Interception) Act 1979 to include new definitions and provisions that reflect the evolving landscape of telecommunications and the need for robust oversight mechanisms. The primary objective of this legislation is to ensure that the interception of telecommunications remains lawful, proportionate, and subject to appropriate oversight, while also accommodating the inclusion of additional authorities such as the Anti-Corruption Commission and the Queensland Crime Commission in the regulatory framework. This Act was designed to enhance the integrity and effectiveness of telecommunications interception practices in line with contemporary legal standards and societal expectations.

Scope and Application

The Telecommunications (Interception) Amendment Act 1999 applies to the regulation of telecommunications interception, specifically amending the Telecommunications (Interception) Act 1979. This Act extends its application to entities such as the Anti-Corruption Commission established by the Anti-Corruption Commission Act 1988 of Western Australia and the Queensland Crime Commission established by the Crime Commission Act 1997 of Queensland. The amendment incorporates these entities into the scope of authorities eligible to intercept telecommunications, granting them the same powers as other specified authorities under the amended Act. This legislative change is jurisdictional, applying at the Commonwealth level, but impacts state-based entities by expanding their powers in relation to telecommunications interception within the scope of their respective functions. The Act does not explicitly state exclusions or thresholds but relies on the broader framework of the Telecommunications (Interception) Act 1979 for such details. The application and interpretation of this amendment may be further refined through subordinate instruments, which would detail specific operational guidelines and procedural requirements for the implicated authorities.

Key Provisions

The Telecommunications (Interception) Amendment Act 1999 (Cth) makes several amendments to the Telecommunications (Interception) Act 1979 (Cth) and the Telecommunications (Interception) and Listening Device Amendment Act 1997 (Cth). The key operative sections of this Act include the insertion of new definitions and the amendment of existing ones within the Telecommunications (Interception) Act 1979 to include the Anti-Corruption Commission of Western Australia and the Queensland Crime Commission. For example, Section 1 of Schedule 1 adds definitions such as "Anti-Corruption Commission" and "Queensland crime commissioner," and modifies existing definitions to encompass these new authorities. This Act imposes obligations and requirements on the parties or entities it governs, primarily by expanding the scope of eligible authorities that can authorise telecommunications interceptions to include the Anti-Corruption Commission and the Queensland Crime Commission. This means that these entities must now comply with the legal framework established by the Telecommunications (Interception) Act 1979 when seeking to intercept telecommunications. Furthermore, the Act specifies who within these entities can authorise such interceptions, ensuring that only appropriately authorised personnel do so. In terms of offences, penalties, or consequences for breach, the Act itself does not explicitly state any new offences or penalties. However, the overarching legislation it amends, the Telecommunications (Interception) Act 1979, already contains provisions that make unauthorised interceptions an offence. For instance, under Section 12 of the Telecommunications (Interception) Act 1979, a person who intercepts telecommunications without authorisation or in a manner not permitted by the Act can face criminal penalties. The maximum penalty for an individual is generally a fine of up to 10,000 penalty units or imprisonment for up to 10 years, or both, depending on the seriousness of the offence. For corporate entities, the maximum penalty can be significantly higher, reaching up to 50,000 penalty units. These penalties are intended to deter unauthorised interceptions and ensure compliance with the legal requirements governing such activities.

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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.