Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005

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Legislation au C2005A00152 In force Act

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Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005

 

No. 152, 2005

 

 

 

 

 

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Telecommunications (Interception) Act 1979

Part 1—Stored communications

Part 2—Victorian Office of Police Integrity

Part 3—Other State authorities

Part 4—Commonwealth, State and Territory officers

Part 5—Technical amendments arising from the enactment of the Legislative Instruments Act 2003

 

 

 

Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005

No. 152, 2005

 

 

 

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

[Assented to 14 December 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

14 December 2005

2.  Schedule 1, Part 1

The day on which this Act receives the Royal Assent.

14 December 2005

3.  Schedule 1, Part 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 12 months beginning on the day on which this Act receives the Royal Assent, the provision(s) are repealed on the first day after the end of that period.

1 October 2006

(F2006L03104)

4.  Schedule 1, Parts 3 to 5

The day on which this Act receives the Royal Assent.

14 December 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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—Amendment of the Telecommunications (Interception) Act 1979

Part 1—Stored communications

1  Subsection 6E(3)

Omit “12‑month”, substitute “18‑month”.

2  Paragraph 7(2)(ad)

Omit “12‑month”, substitute “18‑month”.


Part 2—Victorian Office of Police Integrity

3  Subsection 5(1) (after paragraph (e) of the definition of certifying officer)

Insert:

 (ea) in the case of the Office of Police Integrity:

 (i) the Director, Police Integrity; or

 (ii) a member of the staff of the Office of Police Integrity who occupies a position of Deputy Director, Police Integrity and who is authorised in writing by the Director, Police Integrity for the purposes of this paragraph; or

 (iii) a member of the staff of the Office of Police Integrity who occupies a position of Assistant Director, Police Integrity and who is authorised in writing by the Director, Police Integrity for the purposes of this paragraph; or

4  Subsection 5(1) (before paragraph (f) of the definition of chief officer)

Insert:

 (eb) in the case of the Office of Police Integrity—the Director, Police Integrity; or

5  Subsection 5(1)

Insert:

Director, Police Integrity means the Director, Police Integrity under the Police Regulation Act.

6  Subsection 5(1) (after paragraph (b) of the definition of eligible authority)

Insert:

 (ba) in the case of Victoria—the Office of Police Integrity; or

7  Subsection 5(1)

Insert:

member of the staff of the Office of Police Integrity means a person who is, for the purposes of the Police Regulation Act, a member of the staff of the Office of Police Integrity.

8  Subsection 5(1)

Insert:

Office of Police Integrity means the Office of Police Integrity established by the Police Regulation Act.

9  Subsection 5(1) (before paragraph (f) of the definition of officer)

Insert:

 (eb) in the case of the Office of Police Integrity:

 (i) a member of the staff of the Office of Police Integrity; or

 (ii) an individual who is engaged under paragraph 102E(1)(b) of the Police Regulation Act; or

10  Subsection 5(1) (before paragraph (g) of the definition of permitted purpose)

Insert:

 (f) in the case of the Office of Police Integrity:

 (i) an investigation by the Director, Police Integrity under the Police Regulation Act into the conduct of a member of the force (within the meaning of that Act); or

 (ii) an investigation by the Director, Police Integrity under the Police Regulation Act into serious misconduct (within the meaning of that Act); or

 (iii) a report on an investigation covered by subparagraph (i) or (ii); or

11  Subsection 5(1)

Insert:

Police Regulation Act means the Police Regulation Act 1958 of Victoria.

12  Subsection 5(1) (before paragraph (d) of the definition of prescribed investigation)

Insert:

 (cb) in the case of the Office of Police Integrity—means an investigation that the Director, Police Integrity is conducting in the performance of the Director’s functions under the Police Regulation Act; or

13  Subsection 5(1) (before paragraph (f) of the definition of relevant offence)

Insert:

 (eb) in the case of the Office of Police Integrity—a prescribed offence that is an offence against a law of Victoria and to which a prescribed investigation relates; or

14  Before paragraph 5B(ia)

Insert:

 (i) a proceeding of the Director, Police Integrity; or

15  After subparagraph 6A(1)(c)(vii)

Insert:

 (viii) the Office of Police Integrity;

16  After paragraph 6L(2)(b)

Insert:

 (ba) in the case of the Office of Police Integrity—a reference to a proceeding by way of a prosecution for a prescribed offence:

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

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

17  After paragraph 39(2)(e)

Insert:

 (ea) in the case of the Office of Police Integrity:

 (i) a member of the staff of the Office of Police Integrity; or

 (ii) an individual who is engaged under paragraph 102E(1)(b) of the Police Regulation Act; or

18  Before paragraph 68(f)

Insert:

 (ec) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Director, Police Integrity—to the Director, Police Integrity; and


Part 3—Other State authorities

19  Subsection 5(1) (after paragraph (e) of the definition of chief officer)

Insert:

 (ea) in the case of the Inspector of the Independent Commission Against Corruption—the Inspector of the Independent Commission Against Corruption; or

20  Subsection 5(1) (paragraph (b) of the definition of eligible authority)

After “Independent Commission Against Corruption,”, insert “the Inspector of the Independent Commission Against Corruption,”.

21  Subsection 5(1)

Insert:

Inspector of the Independent Commission Against Corruption means the Inspector of the Independent Commission Against Corruption referred to in section 57A of the Independent Commission Against Corruption Act.

22  Subsection 5(1)

Insert:

member of the staff of the Inspector of the Independent Commission Against Corruption means:

 (a) a member of the staff referred to in subsection 57E(1) or (2) of the Independent Commission Against Corruption Act; or

 (b) a person engaged under subsection 57E(3) of that Act; or

 (c) a person whose services are used under subsection 57E(4) of that Act.

23  Subsection 5(1) (after paragraph (e) of the definition of officer)

Insert:

 (ea) in the case of the Inspector of the Independent Commission Against Corruption:

 (i) the Inspector of the Independent Commission Against Corruption; or

 (ii) a member of the staff of the Inspector of the Independent Commission Against Corruption; or

24  Subsection 5(1) (at the end of paragraphs (a), (aa) and (b) of the definition of permitted purpose)

Add “or”.

25  Subsection 5(1) (after paragraph (d) of the definition of permitted purpose)

Insert:

 (da) in the case of the Independent Commission Against Corruption:

 (i) an investigation under the Independent Commission Against Corruption Act into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or

 (ii) a report on such an investigation; or

 (db) in the case of the Inspector of the Independent Commission Against Corruption:

 (i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act) on the part of the Independent Commission Against Corruption or officers of that Commission; or

 (ii) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act) by the Independent Commission Against Corruption or officers of that Commission; or

 (dc) in the case of the Inspector of the Police Integrity Commission—dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Police Integrity Commission Act) on the part of the Police Integrity Commission or officers of that Commission; or

26  Subsection 5(1) (after paragraph (g) of the definition of permitted purpose)

Insert:

 (ga) in the case of the Crime and Misconduct Commission:

 (i) an investigation under the Crime and Misconduct Act into whether misconduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or

 (ii) a report on such an investigation; or

27  Subsection 5(1) (after paragraph (c) of the definition of prescribed investigation)

Insert:

 (ca) in the case of the Inspector of the Independent Commission Against Corruption—means an investigation that the Inspector is conducting in the performance of the Inspector’s functions under the Independent Commission Against Corruption Act; or

28  Subsection 5(1) (after paragraph (e) of the definition of relevant offence)

Insert:

 (ea) in the case of the Inspector of the Independent Commission Against Corruption—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or

29  After paragraph 5B(ha)

Insert:

 (hb) a proceeding of the Independent Commission Against Corruption; or

 (hc) a proceeding of the Inspector of the Independent Commission Against Corruption; or

30  After paragraph 5B(ka)

Insert:

 (kb) a proceeding of the Crime and Misconduct Commission; or

31  After subparagraph 6A(1)(c)(v)

Insert:

 (va) the Inspector of the Independent Commission Against Corruption;

32  Paragraph 6L(2)(b)

After “Independent Commission Against Corruption,”, insert “the Inspector of the Independent Commission Against Corruption,”.

33  After paragraph 68(ea)

Insert:

 (eb) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Inspector of the Independent Commission Against Corruption—to the Inspector of the Independent Commission Against Corruption; and


Part 4—Commonwealth, State and Territory officers

34  Subsection 5(1)

Insert:

officer of a State has the meaning given by subsection 6G(2).

35  Subsection 5(1)

Insert:

officer of a Territory has the meaning given by subsection 6G(3).

36  Subsection 5(1)

Insert:

officer of the Commonwealth has the meaning given by subsection 6G(1).

37  Subsection 5D(7)

Repeal the subsection.

38  Subsection 6G(1)

Omit “officer, in relation to the Commonwealth,”, substitute “officer of the Commonwealth”.

39  Subsection 6G(2)

Omit “officer, in relation to a State or Territory,”, substitute “officer of a State”.

40  Paragraphs 6G(2)(a) and (b)

Omit “or Territory”.

41  Subsection 6G(3)

Repeal the subsection, substitute:

 (3) A reference in this Act to an officer of a Territory includes a reference to:

 (a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the Territory; and

 (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Territory, or is an officer or employee of such an authority or body.


Part 5—Technical amendments arising from the enactment of the Legislative Instruments Act 2003

42  Subsection 34(1)

Omit “(1)”.

43  Subsection 34(1)

After “Minister may,”, insert “by legislative instrument and”.

44  Section 36

Repeal the section.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 14 September 2005

Senate on 13 October 2005]

(151/05)

 

Overview

The Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005 was enacted by the Parliament of Australia to amend the Telecommunications (Interception) Act 1979. This amendment sought to address issues related to the interception of stored communications and to extend the duration for which certain stored telecommunications data can be retained by law enforcement agencies. The Act also includes provisions to update definitions and authorities in relation to various investigative bodies across different states and territories. The commencement of the Act was staggered, with most provisions coming into effect upon Royal Assent on 14 December 2005, and certain provisions related to the Victorian Office of Police Integrity commencing on a date fixed by proclamation but no later than 1 October 2006. The policy objective of the Act is to ensure that law enforcement agencies have the necessary tools to effectively combat crime while balancing these powers with the protection of privacy rights.

Scope and Application

The Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005 is an Act of the Australian Parliament that amends the Telecommunications (Interception) Act 1979. This Act applies to stored communications, the Victorian Office of Police Integrity, other state authorities, and Commonwealth, state, and territory officers. The Act’s provisions commenced on 14 December 2005, with some provisions for the Victorian Office of Police Integrity set to commence on a date to be fixed by proclamation, but no later than 1 October 2006. The Act extends its application through Schedule 1, which details amendments to the 1979 Act, including changes to definitions and the insertion of new provisions. For instance, the Act increases the retention period for stored telecommunications data from 12 to 18 months. It also specifies authorised officers for different state authorities, such as the Director of the Office of Police Integrity in Victoria and the Inspector of the Independent Commission Against Corruption in New South Wales. The Act does not specify any exclusions or exemptions, and it does not extend or restrict its application through subordinate instruments.

Key Provisions

The Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005 amends the Telecommunications (Interception) Act 1979. Section 1 of the Act specifies that it may be cited as the Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005. The commencement of the Act is detailed in Section 2, with various parts coming into effect on different dates, all starting from the day the Act receives Royal Assent on 14 December 2005. Schedule 1 details the specific amendments to the Telecommunications (Interception) Act 1979. Under the amendments, Section 1 to 3 and any other unspecified provisions of the Act commence on the day of Royal Assent. Part 1 of Schedule 1, which deals with stored communications, also commences on this date. Part 2, concerning the Victorian Office of Police Integrity, is to commence on a day fixed by Proclamation but no later than 1 October 2006. Parts 3 to 5, which include amendments to other State authorities, commence on the day of Royal Assent. The obligations imposed by the Act on the parties it governs primarily involve the amendment of definitions and the introduction of new definitions within the Telecommunications (Interception) Act 1979. For instance, in Part 1, the duration for which certain communications can be intercepted is extended from 12 months to 18 months. Part 2 specifically outlines the roles and authorisations for the Office of Police Integrity, detailing who can act as a certifying officer, chief officer, and eligible authority, among others. Part 3 similarly defines roles and purposes for the Inspector of the Independent Commission Against Corruption, the Inspector of the Police Integrity Commission, and the Crime and Misconduct Commission. Part 4 clarifies the definitions of officers for the Commonwealth, State, and Territory, while Part 5 makes technical amendments arising from the enactment of the Legislative Instruments Act 2003. The Act includes provisions for offences and penalties, though specific penalties are not detailed within the text provided. The inclusion of offences and penalties would typically be found in the sections detailing the authorised interception and use of stored communications, but these are not explicitly mentioned in the excerpt. It is likely that violations of the interception and use provisions would incur civil or criminal penalties, in line with the overarching framework of the Telecommunications (Interception) Act 1979.

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