Telecommunications (Interception) Amendment Act 2004
No. 55, 2004
An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Telecommunications (Interception) Act 1979
Telecommunications (Interception) Amendment Act 2004
No. 55, 2004
An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes
[Assented to 27 April 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications (Interception) Amendment Act 2004.
2 Commencement
This Act commences on the day after 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Telecommunications (Interception) Act 1979
1 Subsection 5(1) (after paragraph (ca) of the definition of class 1 offence)
Insert:
(cb) an offence against Division 72, 101, 102 or 103 of the Criminal Code; or
2 Subsection 5(1) (paragraph (d) of the definition of class 1 offence)
Omit “or (ca)”, substitute “, (ca) or (cb)”.
3 Subparagraph 5D(3)(d)(x)
Repeal the subparagraph, substitute:
(x) dealings in firearms or armaments;
4 Subsection 5D(5)
Repeal the subsection, substitute:
Cybercrime offences etc.
(5) An offence is also a class 2 offence if it is an offence against any of the following provisions:
(a) Part 10.7 of the Criminal Code;
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales;
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria;
(d) a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c);
(e) a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c);
(f) section 440A of The Criminal Code of Western Australia.
10 At the end of section 6
Add:
Communications to publicly‑listed ASIO numbers
(3) In this section, a publicly‑listed ASIO number is a telephone number that:
(a) enables members of the public to contact the Organisation; and
(b) is listed in:
(i) a telephone directory; or
(ii) a telephone number database;
that is available to the public.
(4) If:
(a) a person makes a call to a publicly‑listed ASIO number; and
(b) another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call;
the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.
Note: The heading to section 6DA is altered by omitting “for use of listening devices”.
12 At the end of paragraph 15(1A)(b)
Add “and”.
13 After paragraph 15(1A)(b)
Insert:
(ba) the execution of the warrant will involve the taking of action by the carrier or its employees;
14 At the end of paragraph 15(4)(b)
Add “and”.
15 After paragraph 15(4)(b)
Insert:
(ba) the execution of the warrant will involve the taking of action by the carrier or its employees;
16 Subsection 55(5)
Omit “subsections (1) and (2)”, substitute “subsection (1)”.
17 Paragraph 60(5)(b)
After “issued”, insert “, or a certifying officer of that agency,”.
18 Subsection 60(5)
After “the chief officer” (last occurring), insert “or the certifying officer”.
[Minister’s second reading speech made in—
House of Representatives on 19 February 2004
Senate on 11 March 2004]
(11/04)