EXPLANATORY STATEMENT

Telecommunications (Interception and Access) Act 1979

Declaration of the Crime and Misconduct Commission of Queensland

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 or the Northern Territory in relation to which a declaration under subsection 34(1) of the Act is in force. 

The Attorney-General has discretion to declare an eligible authority of a State or the Northern Territory to be an agency for the purposes of the Act.  The eligible authority concerned may then apply for and execute telecommunications interception warrants in its own right.

A declaration may only be made where the law of the relevant State or Territory makes satisfactory provision in relation to the preconditions enumerated in subsection 35(1) of the Act. The relevant State or Territory must also enter into an agreement relating to costs arising from the issue of warrants to the relevant eligible authority.

The Telecommunications Interception Act 2009 (Qld) makes provisions which comply with the requirements of subsection 35(1) of the Act.  The State of Queensland has also entered into an agreement with the Commonwealth undertaking to pay the costs connected with the issue of warrants. 

Consultation was undertaken with the Queensland Department of the Premier and Cabinet and the Queensland Crime and Misconduct Commission to ensure all legislative requirements have been met. Accordingly, the Attorney-General has executed an instrument declaring the Queensland Crime and Misconduct Commission to be an agency for the purposes of the Act.

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

Victoria Police      28 October 1988

New South Wales Crime Commission   30 January 1989

New South Wales Police Force    30 January 1989

Independent Commission Against Corruption  6 June 1990

South Australia Police      10 July 1991

Western Australia Police     15 July 1997

New South Wales Police Integrity Commission  14 July 1998

Corruption and Crime Commission of Western Australia 24 March 2004

Tasmania Police       5 February 2005

Northern Territory Police     25 October 2006

Victoria Office of Police Integrity    18 December 2006