Telecommunications Interception Legislation Amendment Act (No. 1) 2009

Telecommunications Interception Legislation Amendment Act (No. 1) 2009

No. 32, 2009

An Act to amend the law relating to surveillance and the interception of telecommunications, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Public Interest Monitor of Queensland

Telecommunications (Interception and Access) Act 1979

Schedule 2—Other amendments

Surveillance Devices Act 2004

Telecommunications (Interception and Access) Act 1979

Telecommunications Interception Legislation Amendment Act (No. 1) 2009

No. 32, 2009

An Act to amend the law relating to surveillance and the interception of telecommunications, and for related purposes

[Assented to 22 May 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications Interception Legislation Amendment Act (No. 1) 2009.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Public Interest Monitor of Queensland

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1)

Insert:

deputy PIM (short for deputy public interest monitor) means a person appointed as a deputy public interest monitor under:

 (a) the Crime and Misconduct Act 2001 of Queensland; or

 (b) the Police Powers and Responsibilities Act 2000 of Queensland.

2  Subsection 5(1)

Insert:

PIM (short for public interest monitor) means the person appointed as the public interest monitor under:

 (a) the Crime and Misconduct Act 2001 of Queensland; or

 (b) the Police Powers and Responsibilities Act 2000 of Queensland.

3  After paragraph 35(1)(h)

Insert:

 (ha) requiring that a person who performs a function or exercises a power under section 45 in relation to an application by an eligible authority for a warrant must not undertake an inspection of the eligible authority’s records for the purpose referred to in paragraph (h) in relation to a record of the eligible authority that relates to the application;

4  At the end of Division 3 of Part 2‑5 of Chapter 2

Add:

45  Application by interception agency of Queensland

Scope

 (1) This section applies if an interception agency of Queensland applies, under section 39, to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service or a person.

PIM may make submissions

 (2) The PIM may, orally or in writing, make submissions to the Judge or nominated AAT member about the following matters:

 (a) in relation to an application for a warrant in respect of a telecommunications service—the matters mentioned in paragraphs 46(2)(a) to (f);

 (b) in relation to an application for a warrant in respect of a person—the matters mentioned in paragraphs 46A(2)(a) to (f).

PIM may question certain persons

 (3) The PIM may, for the purpose of making submissions under subsection (2), question:

 (a) the person making the application for the warrant on the interception agency’s behalf; or

 (b) a person who, under section 44, is required by the Judge or nominated AAT member to give further information to the Judge or nominated AAT member in connection with the application.

However, the PIM may only do so in the presence of the eligible Judge or nominated AAT member.

PIM may delegate powers

 (4) The PIM may delegate to a deputy PIM the PIM’s power under subsection (2) or (3), or both. The delegation must be in writing.

 (5) In exercising powers under a delegation, a deputy PIM must comply with any directions of the PIM.

45A  Queensland law not affected

  Nothing in this Act affects the operation of a law of Queensland, to the extent that the law authorises or requires:

 (a) a person who proposes to apply, under section 39, on behalf of an interception agency of Queensland for a warrant in respect of a telecommunications service or a person:

 (i) to notify the PIM of the proposed application; or

 (ii) to notify the PIM of any information that relates to the proposed application; or

 (iii) to give to the PIM any document that relates to the proposed application; or

 (b) a person who applies, under section 39, on behalf of an interception agency of Queensland for a warrant in respect of a telecommunications service or a person:

 (i) to notify the PIM of the application; or

 (ii) to notify the PIM of any information that relates to the application; or

 (iii) to give to the PIM any document that relates to the application.

5  At the end of paragraphs 46(2)(a) to (d)

Add “and”.

6  At the end of subsections 46(2) and 46A(2)

Add:

 ; and (g) in relation to an application by an interception agency of Queensland—any submissions made by the PIM under section 45 to the Judge or nominated AAT member.

Schedule 2—Other amendments

Surveillance Devices Act 2004

1  Subsection 6(1) (paragraph (g) of the definition of appropriate authorising officer)

Repeal the paragraph, substitute:

 (g) if the law enforcement officer is a law enforcement officer belonging to or seconded to the Crime and Misconduct Commission:

 (i) the chairperson (as defined by the Crime and Misconduct Commission Act 2001 of Queensland); or

 (ii) an assistant commissioner (as defined by the Crime and Misconduct Commission Act 2001 of Queensland); and

Telecommunications (Interception and Access) Act 1979

2  Subsection 5(1) (paragraph (f) of the definition of certifying officer)

Repeal the paragraph, substitute:

 (f) in the case of the Crime and Misconduct Commission:

 (i) the Chairperson (as defined by the Crime and Misconduct Act); or

 (ii) an Assistant Commissioner (as defined by the Crime and Misconduct Act); or

3  Subsection 5AC(4)

After “in writing,”, insert “an officer of the police force of the State whose rank is equivalent to that of”.

4  Transitional provision

(1) This item applies to an authorisation that has effect, on and after the commencement of item 25 of Schedule 2 to the Telecommunications Interception Legislation Amendment Act 2008, as if it were an authorisation in force under subsection 5AC(4) of the Telecommunications (Interception and Access) Act 1979.

Note: Item 25 of Schedule 2 to the Telecommunications Interception Legislation Amendment Act 2008 commenced on 4 October 2008.

(2) The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under subsection 5AC(4) of the Telecommunications (Interception and Access) Act 1979, as amended by item 3 of this Schedule.

(3) To avoid doubt, the amendments made by item 3 of this Schedule do not affect the validity of anything done before the commencement of this item in relation to, or in reliance on, an authorisation to which this item applies.

[Minister’s second reading speech made in—

House of Representatives on 3 December 2008

Senate on 5 February 2009]