EXPLANATORY STATEMENT
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 No. 2
The Telecommunications (Interception and Access) Act 1979 (the Act) provides for the issue of interception warrants to an interception agency. Interception warrants authorise the listening to and recording of communications in their passage over the telecommunications system. The power to listen to or record a communication under an interception warrant may only be exercised by an officer or staff member of an interception agency in relation to whom an approval is in force pursuant to subsection 55(3) of the Act.
Subsection 55(3) of the Act allows the chief officer of an agency to approve officers or staff members, or classes of officers or staff members, of the agency or another agency to exercise the authority conferred by an interception warrant. The Act defines an ‘officer’ of the Police Force of a State as an officer of that Police Force. A ‘staff member’ is defined as an Australian Federal Police (AFP) employee who is not a ‘member’ of the AFP. Accordingly, the chief officer of an agency may not approve employees who are unsworn staff members of the Police Force to exercise the authority conferred by interception warrants.
Section 6N of the Act permits the Attorney-General to declare that a specified class of employees who are not members of an agency occupy comparable positions to unsworn AFP staff members. A declaration will allow the chief officer of an agency to approve unsworn staff members of a Police Force to execute the authority conferred by an interception warrant.
The Queensland Police Service requested that a declaration pursuant to section 6N of the Act be made for unsworn staff members of the Queensland Police Service employed or seconded to the Telecommunications Interception Group, State Crime Operations Command. These unsworn staff members, when authorised by the Commissioner of the Queensland Police Service, will then be able to exercise the authority conferred by an interception warrant.
On reviewing the duties and conditions of employment, the Attorney-General is satisfied that unsworn staff members of the Queensland Police Service employed or seconded to the Telecommunications Interception Group, State Crime Operations Command, occupy corresponding positions to those of unsworn staff members of the Australian Federal Police.
The Attorney-General's Department has consulted with the Queensland Police Service about the Declaration. It was not considered appropriate to consult with other bodies about the declaration as the consultations concerned the specific employment conditions of the Queensland Police Service.
The Attorney-General has now executed an instrument declaring that
unsworn staff members of the Queensland Police Service employed by, or seconded to, the Telecommunications Interception Group, State Operations Command, occupy positions corresponding to positions of unsworn staff members of the Australian Federal Police. The Commissioner of the Queensland Police Service is now able to authorise these unsworn staff members to exercise the authority conferred by an interception warrant.
Overview
The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 was enacted to address a gap in the Telecommunications (Interception and Access) Act 1979 regarding the authorisation of unsworn staff members of the Queensland Police Service to execute the authority conferred by interception warrants. This legislation, executed by the Attorney-General, aims to ensure that certain employees of the Queensland Police Service can perform duties equivalent to those of Australian Federal Police staff members when it comes to telecommunications interception. The declaration was made after reviewing the specific roles and conditions of employment, confirming that these staff members of the Queensland Police Service occupy positions corresponding to those of unsworn staff members of the Australian Federal Police. This legislative instrument facilitates the necessary approvals for these staff members to operate under interception warrants, thereby aligning the capabilities of state and federal law enforcement agencies in this critical area of telecommunications surveillance.
Scope and Application
The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 No. 2 pertains to the authorisation of certain staff members of the Queensland Police Service to exercise powers under the Telecommunications (Interception and Access) Act 1979. Specifically, the Declaration applies to unsworn staff members of the Queensland Police Service who are either employed or seconded to the Telecommunications Interception Group within the State Crime Operations Command. This authorisation extends to these staff members, who, upon approval by the Commissioner of the Queensland Police Service, are permitted to listen to and record communications as authorised by an interception warrant. This Act operates within the framework set by the Commonwealth, as it involves the exercise of powers under a federal statute, the Telecommunications (Interception and Access) Act 1979. The declaration serves to align the roles and responsibilities of these Queensland Police Service staff members with those of unsworn staff members of the Australian Federal Police, ensuring consistency in the execution of interception warrant powers across different law enforcement agencies.
Key Provisions
The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 No. 2 pertains to the Telecommunications (Interception and Access) Act 1979, specifically addressing the approval of certain employees within the Queensland Police Service to exercise interception warrants. Under section 6N of the Act, the Attorney-General has the authority to declare that specified classes of employees who are not members of an agency can be considered to hold positions comparable to those of unsworn staff members of the Australian Federal Police. This allows the chief officer of an agency to approve these unsworn staff members to execute the powers granted by an interception warrant.
In accordance with the declaration, unsworn staff members of the Queensland Police Service who are employed or seconded to the Telecommunications Interception Group within the State Crime Operations Command are now permitted to exercise the authority conferred by an interception warrant. This authorisation is contingent upon approval from the Commissioner of the Queensland Police Service, who must determine that these employees are suitably positioned to undertake such tasks. This declaration was made following a review of the duties and employment conditions of these staff members, which led the Attorney-General to conclude that they occupy roles comparable to those of unsworn staff members of the Australian Federal Police.
The obligations imposed by this declaration include ensuring that only authorised personnel, specifically those approved by the Commissioner of the Queensland Police Service, can exercise interception warrant powers. The declaration also entails that the duties and conditions of employment for the specified staff members must align with those of unsworn staff members of the Australian Federal Police to maintain the integrity and comparability of their roles. Furthermore, it is the responsibility of the Queensland Police Service to ensure that these staff members are adequately trained and authorised to undertake the tasks associated with interception warrants.
Breaches of the provisions outlined in the declaration, including the unauthorised exercise of interception warrant powers by unqualified personnel, can result in significant legal consequences. Although specific offences and penalties are not detailed in the declaration itself, violations of the Telecommunications (Interception and Access) Act 1979 can lead to criminal charges, fines, or imprisonment. The precise penalties for such offences would be determined by the relevant courts based on the nature and severity of the breach. It is important for authorised personnel to adhere strictly to the conditions and requirements set forth by the declaration and the Act to avoid any potential legal repercussions.