Commonwealth: Telecommunications (Interception) Amendment Act 2004 (Cth)

Telecommunications (Interception) Amendment Act 2004 No. 55, 2004 An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Telecommunications (Interception) Act 1979 Telecommunications (Interception) Amendment Act 2004 No. 55, 2004 An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes [Assented to 27 April 2004] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Telecommunications (Interception) Amendment Act 2004. 2 Commencement This Act commences on the day after it receives the Royal Assent. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments Telecommunications (Interception) Act 1979 1 Subsection 5(1) (after paragraph (ca) of the definition of class 1 offence) Insert: (cb) an offence against Division 72, 101, 102 or 103 of the Criminal Code; or 2 Subsection 5(1) (paragraph (d) of the definition of class 1 offence) Omit "or (ca)", substitute ", (ca) or (cb)". 3 Subparagraph 5D(3)(d)(x) Repeal the subparagraph, substitute: (x) dealings in firearms or armaments; 4 Subsection 5D(5) Repeal the subsection, substitute: Cybercrime offences etc. (5) An offence is also a class 2 offence if it is an offence against any of the following provisions: (a) Part 10.7 of the Criminal Code; (b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales; (c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria; (d) a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c); (e) a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c); (f) section 440A of The Criminal Code of Western Australia. 10 At the end of section 6 Add: Communications to publicly‑listed ASIO numbers (3) In this section, a publicly‑listed ASIO number is a telephone number that: (a) enables members of the public to contact the Organisation; and (b) is listed in: (i) a telephone directory; or (ii) a telephone number database; that is available to the public. (4) If: (a) a person makes a call to a publicly‑listed ASIO number; and (b) another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call; the listening or recording does not, for the purposes of this Act, constitute the interception of the communication. Note: The heading to section 6DA is altered by omitting "for use of listening devices". 12 At the end of paragraph 15(1A)(b) Add "and". 13 After paragraph 15(1A)(b) Insert: (ba) the execution of the warrant will involve the taking of action by the carrier or its employees; 14 At the end of paragraph 15(4)(b) Add "and". 15 After paragraph 15(4)(b) Insert: (ba) the execution of the warrant will involve the taking of action by the carrier or its employees; 16 Subsection 55(5) Omit "subsections (1) and (2)", substitute "subsection (1)". 17 Paragraph 60(5)(b) After "issued", insert ", or a certifying officer of that agency,". 18 Subsection 60(5) After "the chief officer" (last occurring), insert "or the certifying officer". [Minister's second reading speech made in— House of Representatives on 19 February 2004 Senate on 11 March 2004] (11/04)