Overview

The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 was enacted to address a specific operational need identified by the Queensland Police Service. This declaration amends the Telecommunications (Interception and Access) Act 1979 by allowing unsworn staff members of the Queensland Police Service, employed or seconded to the State Intelligence Group, State Crime Operations Command, to be authorised to exercise the authority conferred by a stored communications warrant. The Act generally permits the use of warrants to access stored communications, but restricts the exercise of such powers to approved officers or staff members. By making this declaration, the Attorney-General has determined that the roles of these specific Queensland Police Service staff members are comparable to those of unsworn staff members of the Australian Federal Police, thereby enabling them to legally intercept and access telecommunications under the authority of a warrant. This aligns their operational capabilities with the legislative framework governing such activities.

Scope and Application

The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 applies to specific unsworn staff members of the Queensland Police Service who are employed or seconded to the State Intelligence Group, State Crime Operations Command. This declaration enables these staff members to exercise powers under stored communications warrants, aligning their roles with those of unsworn staff members of the Australian Federal Police. The declaration was made under section 6N of the Telecommunications (Interception and Access) Act 1979, which allows the Attorney-General to determine that specified employees of a Police Force occupy comparable positions to those of unsworn Australian Federal Police staff members. This allows the chief officer of an agency to approve these Queensland Police Service staff members to execute the authority conferred by a warrant. The declaration was made following consultation with the Queensland Police Service, and it does not extend to other entities or individuals outside this specific scope.

Key Provisions

The Telecommunications (Interception and Access) (Staff Members of Queensland Police Service) Declaration 2009 is a legislative instrument made under section 6N of the Telecommunications (Interception and Access) Act 1979 (TIA Act). This Declaration allows the Commissioner of the Queensland Police Service to approve certain staff members to exercise the authority conferred by warrants issued under the TIA Act. Specifically, section 6N of the TIA Act permits the Attorney-General to declare that specified classes of employees who are not members of an agency occupy comparable positions to unsworn staff members of the Australian Federal Police. The Declaration applies to unsworn staff members of the Queensland Police Service employed or seconded to the State Intelligence Group, State Crime Operations Command, who will now be able to execute the authority conferred by stored communications warrants. The Declaration imposes obligations on the Queensland Police Service to ensure that the approved staff members are adequately trained and authorised to exercise the warrant authority. The chief officer of the agency must approve the officers or staff members, or classes of officers or staff members, who will exercise the power to listen to, read or record stored communications under the warrant. This approval process ensures that only qualified personnel are authorised to carry out these activities. The approved staff members must also adhere to any conditions and limitations specified in the warrant, as well as comply with the relevant privacy and legal requirements outlined in the TIA Act. The TIA Act provides for various offences and penalties for misuse or unauthorised access to telecommunications. For instance, section 129 of the Act imposes penalties for unauthorised interception or access to telecommunications, with maximum penalties including fines of up to $162,000 for individuals and $810,000 for corporations. Additionally, section 131 of the Act prohibits the unauthorised disclosure of information obtained through the execution of a warrant, with penalties that can include fines of up to $162,000 for individuals and $810,000 for corporations, or imprisonment for up to two years, or both. The legislation also includes provisions for civil remedies, such as damages for misuse of intercepted communications.