EXPLANATORY STATEMENT

Telecommunications (Interception and Access) Act 1979

Declaration of the Corruption and Crime Commission of Western Australia

Under the Telecommunications (Interception and Access) Act 1979 (the Act), the power to intercept telecommunications under a warrant for the purposes of law enforcement is confined to the Australian Federal Police, the Australian Crime Commission or to an ‘eligible authority’ of a State in relation to which a declaration under subsection 34(1) is in force.  The eligible authorities specified in the Act are:
 

• the police services of each State and of the Northern Territory;
• in New South Wales - the Crime Commission, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission;
• in Victoria - the Office of Police Integrity;
• in Queensland - the Crime and Misconduct Commission; and
• in Western Australia - the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission.

Subsection 34(1) gives the Attorney-General, as the Minister responsible for the administration of the Act, a discretion to declare an eligible authority of a State to be an agency for the purposes of the Act.  Acquiring the status of an agency means that the eligible authority concerned may then apply for and execute telecommunications interception warrants in its own right.

A declaration may only be made under subsection 34(1) where the law of the relevant State makes satisfactory provision in relation to the matters enumerated in subsection 35(1) of the Act and the relevant State has entered into an agreement relating to costs arising from the issue of warrants to, and the execution of warrants issued to, the relevant eligible authority.

The Telecommunications (Interception) Western Australia Act 1996 makes provision complying with the requirements of subsection 35(1) of the Act and Western Australia has entered into an agreement with the Commonwealth undertaking to pay the costs set out in subsection 35(2) as regards the Corruption and Crime Commission of Western Australia.  A declaration of the Corruption and Crime Commission of Western Australia originally appeared in the Commonwealth of Australia Gazette number S 95 on 26 March 2004 and tabled on 29 March 2004.

Due to the operation of the Legislative Instruments Act 2003 the declaration was due to be lodged for registration on the Federal Register of Legislative Instruments by 30 September 2006.  This lodgement did not occur and the declaration gazetted on 26 March 2004 was repealed automatically by the Legislative Instruments Act 2003.  To correct this unintentional consequence, the Attorney-General has executed another instrument declaring the Corruption and Crime Commission of Western Australia to be an agency for the purposes of the Act.

The details of previous declarations under subsection 34(1) are as follows:

Victoria Police Service     28 October 1988

New South Wales Crime Commission   30 January 1989

New South Wales Police Service    30 January 1989

Independent Commission Against Corruption  6 June 1990

Police Force of South Australia    10 July 1991

Western Australia Police Service    15 July 1997

New South Wales Police Integrity Commission  14 July 1998

Western Australian Corruption and Crime Commission 29 March 2004

Tasmania Police Service      5 February 2005

Northern Territory Police     26 October 2006