EXPLANATORY STATEMENT
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Staff Members of Western Australia Police) Declaration 2007
Under the Telecommunications (Interception and Access) Act 1979 (the Act) warrants may be issued to agencies to permit the interception of communications. The power to exercise the authority conferred by an interception warrant may only be exercised by an officer or staff member of an agency in relation to whom an approval is in force pursuant to subsection 55(3) of the Act.
Subsection 55(3) provides that the chief officer of an agency may approve officers or staff members, or classes of officers or staff members, of the agency or another agency to exercise the authority conferred by warrants. An ‘officer’ in relation to the Police Force of a State is defined as an officer of that Police Force and 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 approve sworn members of the Police Force to exercise the authority conferred by warrants.
Section 6N of the Act enables the Attorney-General to declare that members of an agency included in a specified class of members occupy positions corresponding to those of AFP employees who are not members of the AFP. The effect of such a declaration is to enable the chief officer of an agency to approve unsworn staff members of a Police Force to execute the authority conferred by warrants.
The Western Australia Police was declared to be an agency for the purposes of the Act on 15 July 1997. Accordingly, the Western Australia Police can apply for warrants and intercept communications under the Act. The Western Australia Police requested that a declaration pursuant to section 6N of the Act be made in relation to unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit who will have the function of monitoring intercepted communications.
On reviewing the duties and conditions of employment, the Attorney-General is satisfied that unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit occupy sufficiently corresponding positions to those of staff members of the Australian Federal Police.
Accordingly, the Attorney-General has executed an instrument declaring that the
unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit occupy positions corresponding to those of staff members of the Australian Federal Police. This means that the Commissioner of the Western Australia Police is able to approve these unsworn members to exercise the authority conferred by an interception warrant.
Overview
The Telecommunications (Interception and Access) (Staff Members of Western Australia Police) Declaration 2007, made under the authority of the Telecommunications (Interception and Access) Act 1979, addresses the need to clarify the scope of individuals within the Western Australia Police who are authorised to intercept telecommunications for law enforcement purposes. Enacted by the Attorney-General, this declaration responds to the Western Australia Police's request to extend the approval for executing interception warrants to unsworn members employed or seconded to the Telecommunications Interception Unit. The policy objective is to ensure that these unsworn members, who monitor intercepted communications, occupy positions corresponding to those of Australian Federal Police employees who are not members of the AFP, thereby enabling the chief officer of the Western Australia Police to approve their authority under the Act.
Scope and Application
The Telecommunications (Interception and Access) (Staff Members of Western Australia Police) Declaration 2007 pertains to the authorisation of staff members of the Western Australia Police to intercept telecommunications under the Telecommunications (Interception and Access) Act 1979. This legislation allows for the issue of warrants to agencies, enabling the interception of communications by approved officers or staff members of those agencies. Specifically, the Declaration empowers the Commissioner of the Western Australia Police to approve unsworn members employed or seconded to the Telecommunications Interception Unit to exercise the authority conferred by interception warrants, aligning their roles with those of staff members of the Australian Federal Police who are not members of the AFP. This declaration extends the authority to intercept telecommunications to these unsworn members, subject to approval by the Commissioner, thereby broadening the scope of authorised personnel within the Western Australia Police. The declaration does not specify any geographic limitations, thus applying nationally wherever the Western Australia Police operate within the jurisdiction of the Commonwealth of Australia.
Key Provisions
The Telecommunications (Interception and Access) (Staff Members of Western Australia Police) Declaration 2007 outlines key provisions under the Telecommunications (Interception and Access) Act 1979, providing specific approval for certain Western Australia Police staff members to exercise powers related to the interception of communications. The primary operative sections of this legislation (section 6N) enable the Attorney-General to declare that members of a specified agency, in this case the Western Australia Police, occupy positions corresponding to those of Australian Federal Police (AFP) employees who are not members of the AFP. This declaration allows for the approval of unsworn Western Australia Police staff members by the Commissioner of the Western Australia Police to execute the authority conferred by warrants.
The Act imposes specific obligations and requirements on the parties it governs. Under section 55(3) of the Act, the chief officer of an agency must approve officers or staff members, or classes of officers or staff members, of the agency or another agency to exercise the authority conferred by warrants. For the Western Australia Police, this means the Commissioner must approve unsworn staff members employed or seconded to the Telecommunications Interception Unit to monitor intercepted communications. The approval process ensures that only authorised personnel can exercise these powers, maintaining oversight and accountability within the agency.
Breaching the provisions of the Telecommunications (Interception and Access) Act 1979 can result in serious consequences. While the explanatory statement does not specify particular offences, penalties, or civil/criminal consequences, the overarching legislation typically includes provisions for offences related to unauthorised interception, disclosure of intercepted communications, and misuse of interception warrants. The Act also provides for civil and criminal penalties, including fines and imprisonment, for those found guilty of contravening its provisions. The specific penalties are detailed in the principal Act and may vary depending on the nature and severity of the breach.