Commonwealth: Telecommunications (Interception) Legislation Amendment Act 2000 (Cth)

Telecommunications (Interception) Legislation Amendment Act 2000 No. 63, 2000 Telecommunications (Interception) Legislation Amendment Act 2000 No. 63, 2000 An Act to amend the Telecommunications (Interception) Act 1979, and for related purposes Contents 1 Short title................................... 2 Commencement............................... 3 Schedule(s).................................. Schedule 1—The Inspector of the Police Integrity Commission (NSW) Telecommunications (Interception) Act 1979 Schedule 2—Named person warrants and foreign communications warrants Telecommunications (Interception) Act 1979 Schedule 3—Miscellaneous and consequential amendments Part 1—Amendments Australian Security Intelligence Organisation Act 1979 Telecommunications (Interception) Act 1979 Part 2—Transitional provisions Telecommunications (Interception) Legislation Amendment Act 2000 No. 63, 2000 An Act to amend the Telecommunications (Interception) Act 1979, and for related purposes [Assented to 22 June 2000] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Telecommunications (Interception) Legislation Amendment Act 2000. 2 Commencement (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent. (2) If items 58 to 64 of Schedule 2 to the Australian Federal Police Legislation Amendment Act 2000 commence on or after the day on which this Act receives the Royal Assent, then the amendments made by items 2 and 3 of Schedule 3 to this Act commence immediately after the commencement of items 58 to 64 of Schedule 2 to the Australian Federal Police Legislation Amendment Act 2000. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—The Inspector of the Police Integrity Commission (NSW) Telecommunications (Interception) Act 1979 1 Subsection 5(1) (after paragraph (h) of the definition of chief officer) Insert: (ha) in the case of the Inspector of the Police Integrity Commission—the Inspector of the Police Integrity Commission; or 2 Subsection 5(1) (paragraph (b) of the definition of eligible authority) Omit "or the Police Integrity Commission", substitute ", the Police Integrity Commission or the Inspector of the Police Integrity Commission". 3 Subsection 5(1) Insert: Inspector of the Police Integrity Commission means the Inspector of the Police Integrity Commission referred to in section 88 of the Police Integrity Commission Act. 4 Subsection 5(1) Insert: member of the staff of the Inspector of the Police Integrity Commission means a person who is engaged or employed under subsection 92(1), (2) or (3) of the Police Integrity Commission Act or whose services are used under subsection 92(4) of that Act. 5 Subsection 5(1) (after paragraph (h) of the definition of officer) Insert: (ha) in the case of the Inspector of the Police Integrity Commission: (i) the Inspector of the Police Integrity Commission; or (ii) a member of the staff of the Inspector of the Police Integrity Commission; or 6 Subsection 5(1) (after paragraph (f) of the definition of prescribed investigation) Insert: (fa) in the case of the Inspector of the Police Integrity Commission—means an investigation that the Inspector is conducting in the performance of the Inspector's functions under the Police Integrity Commission Act; or 7 Subsection 5(1) (after paragraph (h) of the definition of relevant offence) Insert: (ha) in the case of the Inspector of the Police Integrity Commission—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or 8 After paragraph 5B(k) Insert: (ka) a proceeding of the Inspector of the Police Integrity Commission; or 9 Paragraph 6A(1)(c) Repeal the paragraph, substitute: (c) in the case of the following eligible authorities or agencies, a prescribed investigation, in so far as it relates to that offence: (i) the Authority; (ii) the Crime Commission; (iii) the Criminal Justice Commission; (iv) the Royal Commission into the New South Wales Police Service; (v) the Independent Commission Against Corruption; (vi) the Police Integrity Commission; (vii) the Inspector of the Police Integrity Commission; (viii) the Anti‑Corruption Commission; (ix) the QCC. 10 Paragraph 6L(2)(b) Omit "or the Police Integrity Commission", substitute ", the Police Integrity Commission or the Inspector of the Police Integrity Commission". 11 After paragraph 68(f) Insert: (fa) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Inspector of the Police Integrity Commission—to the Inspector of the Police Integrity Commission; and Schedule 2—Named person warrants and foreign communications warrants Telecommunications (Interception) Act 1979 1 Subsection 5(1) Insert: foreign communication means a communication sent or received outside Australia. 2 Subsection 5(1) Insert: foreign communications warrant means a warrant issued or to be issued under section 11C. 3 Subsection 5(1) Insert: foreign organisation means an organisation (including a government) outside Australia. 4 Subsection 5(1) Insert: named person warrant means a warrant issued or to be issued under section 9A, 11B, 45A or 46A. 5 Subsection 5(1) Insert: Part III warrant means a warrant issued or to be issued under Part III. 6 Subsection 5(1) Insert: telecommunications service warrant means a warrant issued or to be issued under section 9, 11A, 45, 46 or 48. 7 Subsections 9(3), (4), (5) and (6) Repeal the subsections. Note: The heading to section 9 is replaced by the heading "Issue of telecommunications service warrants by Attorney‑General". 8 After section 9 Insert: 9A Issue of named person warrants by Attorney‑General (1) Where, upon receipt by the Attorney‑General of a request by the Director‑General of Security for the issue of a warrant under this section in respect of a person, the Attorney‑General is satisfied that: (a) the person is engaged in, or reasonably suspected by the Director‑General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and (b) the interception by the Organisation of communications made to or from telecommunications services used by the person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security; and (c) relying on a telecommunications service warrant to obtain the intelligence would be ineffective; the Attorney‑General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from any telecommunications service that the person is using, or is likely to use, and such a warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications. (2) A request by the Director‑General of Security for the issue of a warrant in respect of a person: (a) must include the name or names by which the person is known; and (b) must include details (to the extent these are known to the Director‑General of Security) sufficient to identify the telecommunications services the person is using, or is likely to use; and (c) must specify the facts and other grounds on which the Director‑General of Security considers it necessary that the warrant should be issued, including the grounds on which the Director‑General of Security suspects the person of being engaged in, or of being likely to engage in, activities prejudicial to security. 9B Provisions applying to warrants issued under section 9 or 9A Request must be forwarded in writing (1) Where the Director‑General of Security makes a request, otherwise than in writing, for the issue of a warrant under section 9 or 9A, he or she must forthwith forward to the Attorney‑General a request in writing for the warrant. Warrants authorising entry (2) Where a warrant under section 9 or 9A authorises entry on premises, the warrant: (a) must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and (b) may, if the Attorney‑General thinks fit—provide that entry may be made without permission first being sought or demand first being made, and may authorise measures that he or she is satisfied are necessary for that purpose. Length of time warrant remains in force (3) A warrant under section 9 or 9A must specify the period for which it is to remain in force. The period must not exceed 6 months, and the warrant may be revoked by the Attorney‑General at any time before the end of the specified period. Issue of further warrant (4) Subsection (3) does not prevent the issue of a further warrant in respect of a telecommunications service or a person (as the case may be) in relation to which or whom a warrant has, or warrants have, previously been issued. 9 Subsections 11A(3) to (9) Repeal the subsections. Note: The heading to section 11A is replaced by the heading "Telecommunications service warrant for collection of foreign intelligence". 10 At the end of section 11A Insert: Note: Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979. 11 After section 11A Insert: 11B Named person warrant for collection of foreign intelligence (1) Where: (a) the Director‑General of Security gives a notice in writing to the Attorney‑General requesting the Attorney‑General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9(1) in relation to communications that are being made to or from any telecommunications service that a person or foreign organisation is using, or is likely to use, for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and (b) the Attorney‑General is satisfied, on the basis of advice received from the relevant Minister, that: (i) the obtaining of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs; and (ii) it is necessary to intercept the communications of the person or foreign organisation in order to obtain the intelligence referred to in paragraph (a); and (iii) relying on a telecommunications service warrant to obtain the intelligence would be ineffective; the Attorney‑General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from any telecommunications service that the person or foreign organisation is using, or is likely to use, and such a warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications. (2) A request by the Director‑General of Security for the issue of a warrant in respect of a person or foreign organisation: (a) must include the name or names by which the person or organisation is known; and (b) must include details (to the extent these are known to the Director‑General of Security) sufficient to identify the telecommunications services the person or foreign organisation is using, or is likely to use; and (c) must specify the facts and other grounds on which the Director‑General of Security considers it necessary that the warrant should be issued. Note: Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979. 11C Foreign communications warrant for collection of foreign intelligence (1) Where: (a) the Director‑General of Security gives a notice in writing to the Attorney‑General requesting the Attorney‑General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to intercept foreign communications for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and (b) the Attorney‑General is satisfied, on the basis of advice received from the relevant Minister, that: (i) the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs; and (ii) it is necessary to intercept foreign communications in order to collect the intelligence referred to in paragraph (a); and (iii) relying on a telecommunications service warrant or a named person warrant to obtain the intelligence would be ineffective; the Attorney‑General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant, subject to any conditions or restrictions that are specified in the warrant, to intercept foreign communications for the purpose of obtaining that intelligence. (2) A warrant under subsection (1) must not authorise the interception of any communications except foreign communications. (3) A request by the Director‑General of Security for the issue of a warrant under this section must: (a) include a description that is sufficient to identify the part of the telecommunications system that is likely to carry the foreign communications whose interception is sought; and (b) specify the facts and other grounds on which the Director‑General of Security considers it necessary that the warrant should be issued, including the reasons the information cannot be collected by other means. (4) A warrant under this section must include: (a) a notice addressed to the carrier who operates the relevant telecommunications system, giving a description that is sufficient to identify the part of the telecommunications system that is covered by the warrant; and (b) a notice addressed to the Director‑General of Security stating that the warrant authorises the obtaining of foreign intelligence only for purposes relating to the matter specified in the notice requesting the issue of the warrant. (5) Where: (a) a communication is intercepted under a warrant under this section; and (b) the Director‑General of Security is satisfied that the communication is not relevant to the purposes specified in the warrant; the Director‑General of Security must cause any record or copy of the communication to be destroyed. Note: Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979. 11D Provisions applying to foreign intelligence warrants Warrants authorising entry (1) Where a warrant under section 11A or 11B authorises entry on premises, the warrant: (a) must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and (b) may, if the Attorney‑General thinks fit—provide that entry may be made without permission first being sought or demand first being made, and may authorise measures that he or she is satisfied are necessary for that purpose. Length of time warrant remains in force (2) A warrant under section 11A, 11B or 11C must specify the period for which it is to remain in force. The period must not exceed 6 months, and the warrant may be revoked by the Attorney‑General at any time before the end of the specified period. Issue of further warrant (3) Subsection (2) does not prevent the issue of a further warrant in respect of a telecommunications service, a person or a part of a telecommunications system (as the case may be) in relation to which or whom a warrant has, or warrants have, previously been issued. Part VIIB of the Crimes Act (4) Nothing in Part VIIB of the Crimes Act 1914 is to be taken to prohibit the doing of anything under, or for the purposes of, a warrant under section 11A, 11B or 11C. Note: Part VIIB of the Crimes Act 1914 deals with offences relating to telecommunications. Information about Australian citizens or permanent residents (5) The Director‑General must not request the issue of a warrant under section 11A, 11B or 11C for the purpose of collecting information concerning an Australian citizen or permanent resident. (6) The reference in subsection 11A(1), 11B(1) and 11C(1) to conditions or restrictions includes a reference to conditions or restrictions designed to minimise: (a) the obtaining by the Organisation, pursuant to a warrant issued under section 11A, 11B or 11C (as the case may be), of information that is not publicly available concerning Australian citizens or permanent residents; or (b) the retention of information of that kind. 12 At the end of section 14 Add: Note: See subsection 11C(5) for additional rules about the destruction of material obtained under a warrant issued under section 11C. 13 Paragraph 15(1A)(a) After "warrant", insert "(other than a warrant under section 11C)". 14 At the end of subsection 15(1A) Add: Note: Subsection 15(7) deals with cases where the Director‑General of Security is informed of the issue of a warrant under section 11C. 15 Subsection 15(7) Repeal the subsection, substitute: (7) Where: (a) the Director‑General of Security is informed under paragraph (1)(a) of the issue of a warrant under section 11C; and (b) it is proposed, under the warrant, to intercept communications made while they are passing over a telecommunications system operated by a carrier; the Director‑General of Security must cause: (c) the Managing Director of that carrier to be informed forthwith of the issue of the warrant; and (d) where, under paragraph (1)(b), the Director‑General of Security receives the warrant—a copy of the part of the warrant referred to in paragraph 11C(4)(a), certified in writing by a certifying person, to be a true copy of the warrant, to be given as soon as practicable to the Managing Director of that carrier. 16 After section 15 Insert: 16 Additional requirements for named person warrants (1) Where: (a) the Managing Director of a carrier has been given a copy of a warrant under section 9A or 11B; and (b) it is proposed, under the warrant, to intercept communications made to or from a telecommunications service operated by the carrier; and (c) the service was not identified in the warrant; a certifying person must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the service sufficient to identify it. (2) Where: (a) the Managing Director of a carrier has been given a description of a telecommunications service to or from which communications are proposed to be intercepted under a warrant under section 9A or 11B; and (b) the Director‑General of Security is satisfied that the interception of communications to or from that service is no longer required; a certifying person must cause: (c) the Managing Director to be informed of the fact immediately; and (d) confirmation in writing of the fact to be given as soon as practicable to the Managing Director. 17 Section 17 Omit "warrant issued under section 9, 10 or 11A", substitute "Part III warrant". 18 At the end of section 17 Add: (2) A report under subsection (1) in relation to a warrant issued under section 9A or 11B must include details of the telecommunications service to or from which each intercepted communication was made. 19 At the end of subsection 39(1) Add "or a person". 20 Subsection 42(4) Omit "The", substitute "If the application is for a telecommunications service warrant, the". 21 After subsection 42(4) Insert: (4A) If the application is for a named person warrant, the affidavit must set out: (a) the name or names by which the person is known; and (b) details (to the extent these are known to the chief officer) sufficient to identify the telecommunications services the person is using, or is likely to use; and (c) the number of previous applications (if any) for warrants that the agency has made and that related to the person or to a service that the person has used; and (d) the number of warrants (if any) previously issued on such applications; and (e) particulars of the use made by the agency of information obtained by interceptions under such warrants. 22 After section 45 Insert: 45A Issue of named person warrant in relation to class 1 offence Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that: (a) Division 3 has been complied with in relation to the application; and (b) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and (d) information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of a class 1 offence, or class 1 offences, in which the person is involved; and (e) having regard to: (i) the extent to which methods (including the use of a warrant issued under section 45) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and (ii) how much of the information referred to in paragraph (d) would be likely to be obtained by such methods; and (iii) how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of a delay in obtaining some or all of that information or for any other reason; some or all of that information cannot appropriately be obtained by such methods; the Judge or nominated AAT member may, in his or her discretion, issue a warrant authorising interceptions of communications made to or from any telecommunications service that the person is using, or is likely to use. Note: The heading to section 45 is altered by inserting "telecommunications service" before "warrant". 23 After section 46 Insert: 46A Issue of named person warrant in relation to class 2 offence (1) Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that: (a) Division 3 has been complied with in relation to the application; and (b) in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and (c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and (d) information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the person is using, or is likely to use, would be likely to assist in connection with the investigation by the agency of a class 2 offence, or class 2 offences, in which the person is involved; and (e) having regard to the matters referred to in subsection (2), and to no other matters, the Judge or nominated AAT member should issue a warrant authorising such communications to be intercepted; the Judge or nominated AAT member may, in his or her discretion, issue such a warrant. (2) The matters to which the Judge or nominated AAT member must have regard are: (a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; and (b) the gravity of the conduct constituting the offence or offences being investigated; and (c) how much the information referred to in paragraph (1)(d) would be likely to assist in connection with the investigation by the agency of the offence or offences; and (d) to what extent methods (including the use of a warrant issued under section 46) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and (e) how much the use of such methods would be likely to assist in connection with the investigation by the agency of the offence or offences; and (f) how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of delay or for any other reason. Note: The heading to section 46 is altered by inserting "telecommunications service" before "warrant". 24 At the end of section 48 Add: (6) In this section, references to a service or a telecommunications service are references to: (a) in the case of an application for a warrant under section 45 or 46—the telecommunications service in respect of which the warrant is sought; and (b) in the case of an application for a warrant under section 45A or 46A—any telecommunications service that is used, or is likely to be used, by the person in respect of whom the warrant is sought. 25 After subsection 49(2) Insert: (2A) Without limiting subsection (2), a named person warrant may state that the warrant does not authorise the interception of communications made to or from a specified telecommunications service. 26 At the end of section 60 Add: (4) Where: (a) the Managing Director of a carrier has been informed, under subsection (1), of the issue of a named person warrant; and (b) it is proposed, under the warrant, to intercept communications made to or from a telecommunications service operated by a carrier; and (c) the service was not identified in the warrant; the chief officer must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the service sufficient to identify it. (5) Where: (a) the Managing Director of a carrier has been informed, under subsection (1) of the issue of a named person warrant; and (b) the chief officer of the agency to which the warrant was issued is satisfied that the interception of communications made to or from a particular service is no longer required; the chief officer must cause: (c) the Managing Director to be informed forthwith of the fact; and (d) confirmation in writing of the fact to be given as soon as practicable to the Managing Director. 27 At the end of subparagraphs 81(1)(c)(i) and (ii) Add "and". 28 At the end of paragraph 81(1)(c) Add: and (v) in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and 29 At the end of paragraph 81(2)(ba) Add: (v) in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and 30 After subsection 81(2) Insert: (2A) If a Part VI warrant is a named person warrant, the particulars referred to in subparagraphs (1)(c)(ii) and (2)(ba)(ii) must indicate the service in respect of which each interception occurred. 31 Paragraphs 81A(2)(d) and (e) Repeal the paragraphs, substitute: (d) in the case of a telecommunications service warrant: (i) the telecommunications service to which the warrant relates; and (ii) the name of the person specified in the warrant as a person using or likely to use the telecommunications service; and (e) in the case of a named person warrant: (i) the name of the person to whom the warrant relates; and (ii) each telecommunications service that is specified in the warrant, or in relation to which interceptions authorised by the warrant have occurred; and 32 Paragraphs 81C(2)(d) and (e) Repeal the paragraphs, substitute: (d) in the case of a telecommunications service warrant: (i) the telecommunications service to which the warrant related; and (ii) the name of the person specified in the warrant as a person using or likely to use the telecommunications service; and (e) in the case of a named person warrant: (i) the name of the person to whom the warrant related; and (ii) each telecommunications service that is specified in the warrant, or in relation to which interceptions authorised by the warrant have occurred; and 33 Subsection 94(2) After "3 months after a", insert "telecommunications service". 34 After section 94A Insert: 94B Reports regarding named person warrants (1) The chief officer of an agency to which a named person warrant has been issued must give to the Minister a written report about the action (if any) that has taken place under the warrant. (2) The chief officer must give a report in relation to the warrant within 3 months after the warrant ceases to be in force. (3) The report must contain the following information in relation to each interception: (a) the service to or from which the intercepted communication was made (being a service that the person named in the warrant used, or was likely to use); (b) the reasons it would not have been effective to intercept the communications under a telecommunications service warrant; (c) information about the use made by the agency of information obtained by each interception; (d) information about the communication of such information to persons other than officers of the agency; (e) the number of arrests that have been, or are likely to be, made on the basis of such information; (f) an assessment of the usefulness of information obtained by each interception. Schedule 3—Miscellaneous and consequential amendments Part 1—Amendments Australian Security Intelligence Organisation Act 1979 1 Paragraph 17(1)(e) After "11A", insert ", 11B or 11C". Telecommunications (Interception) Act 1979 2 Subsection 5(1) (paragraph (c) of the definition of certifying officer) Omit "or an", substitute ", an". 3 Subsection 5(1) (at the end of paragraph (c) of the definition of certifying officer) Add ", or a senior executive AFP employee who is a member of the Australian Federal Police, and who is authorised in writing by the Commissioner for the purposes of this paragraph". 4 Subsection 5(1) Insert: certifying person means any of the following: (a) the Director‑General of Security; (b) a Deputy Director‑General of Security; (c) a senior officer of the Organisation (within the meaning of section 24 of the Australian Security Intelligence Organisation Act 1979) who is authorised in writing by the Director‑General of Security for the purposes of subsections 15(1A) and (1B). 5 Subsection 5(1) Insert: foreign intelligence information means information obtained (whether before or after the commencement of this definition) under a warrant issued under section 11A, 11B or 11C. 6 Subsection 5(1) (definition of renewal) After "telecommunications service", insert "or person". 7 Subsection 5(1) (paragraph (a) of the definition of renewal) After "service", insert "or person". 8 Subsection 5(1) (definition of renewal application) After "telecommunications service", insert "or person". 9 Subsection 5(1) (definition of renewal application) After "that service", insert "or person". 10 Subsection 5(1) (definition of restricted record) After "a record", insert "other than a copy, that was". 11 Subsection 5(1) (definition of section 11A information) Repeal the definition. 12 At the end of section 5B (before the note) Add: ; or (n) a proceeding by way of a review of a decision to grant such a bail application. 13 Section 5B (note) Omit "and (m)", substitute ", (m) and (n)". 14 Section 6H Omit "in respect of a telecommunications service". 15 Section 6H Omit "or 46(1)(c) and (d)", substitute ", 45A(c) and (d), 46(1)(c) and (d) or 46A(1)(c) and (d)". 16 At the end of Part IA Add: 6P Identification of service For the purposes of this Act, a service may be identified by: (a) a number assigned to it from time to time; or (b) by any other unique identifying factor. 17 Paragraph 10(1)(a) After "telecommunications service", insert "or under section 9A in respect of a person". 18 Paragraph 10(1)(b) After "telecommunications service", insert "or under section 9A in respect of a person (as the case requires)". 19 Paragraph 10(1)(c) After "telecommunications service", insert "or person (as the case requires)". 20 Subparagraph 10(1)(d)(ii) Omit "by the Organisation of communications made to or from the telecommunications service", substitute "to which the request relates". 21 Subsection 10(1) After "service" (last occurring), insert ", or communications of that person (as the case requires),". 22 Subsection 12(1) Omit "relevant", substitute "Part III". 23 Subsection 12(2) Repeal the subsection. 24 Section 13 Omit "warrant under section 9, 10 or 11A", substitute "Part III warrant". 25 Paragraph 14(a) Omit "warrant issued under section 9, 10 or 11A", substitute "Part III warrant". 26 Subsection 15(1) Omit all the words from and including "a warrant under section 9" to and including "such a warrant", insert "or revokes a Part III warrant". 27 Paragraph 15(1A)(d) Omit "the Director‑General, or a Deputy Director‑General of Security,", substitute "a certifying person". 28 Paragraph 15(1B)(d) Omit "the Director‑General, or a Deputy Director‑General of Security,", substitute "a certifying person". 29 Subparagraph 35(2)(b)(ii) Omit "; and", substitute ".". 30 Paragraph 35(2)(c) Repeal the paragraph. 31 Section 47 Omit "warrant under section 45 or 46", substitute "Part VI warrant". Note: The heading to section 47 is altered by omitting "under section 45 or 46". 32 Paragraph 48(3)(c) Omit "or 46", substitute ", 45A, 46 or 46A". 33 Subsection 49(5) After "service", insert ", or a person,". 34 Subsection 49(7) Omit "or 46(1)(d)", substitute ", 45A(d), 46(1)(d) or 46A(1)(d)". 35 At the end of section 52 Add: (3) Where: (a) a warrant has been issued to an agency (the first agency); and (b) another agency (the second agency) is exercising authority under that warrant; and (c) the warrant is revoked under subsection (1); the chief officer of the first agency must cause: (d) the chief officer of the second agency to be informed forthwith of the revocation; and (e) a copy of the instrument of revocation to be given as soon as practicable to the chief officer of the second agency. 36 Paragraph 53(1)(c) Repeal the paragraph. 37 Paragraph 53(1)(d) Omit "warrant issued under section 45 or 46", substitute "Part VI warrant". 38 Subsection 54(1) Omit "warrant under section 45 or 46", substitute "Part VI warrant". 39 Subsection 54(2) Repeal the subsection. 40 Subsection 55(1) Omit "warrant issued to an agency under section 45 or 46", substitute "Part VI warrant". 41 Subsection 55(1) Omit "the agency", substitute "an agency". 42 Subsection 55(2) Repeal the subsection. 43 Subsection 55(3) Repeal the subsection, substitute: (3) The chief officer of an agency, or an officer of an agency in relation to whom an appointment under subsection (4) is in force, may approve any of the following to exercise the authority conferred by warrants, or classes of warrants, issued to the agency: (a) officers or staff members of the agency; (b) classes of officers or staff members of the agency; (c) officers or staff members of another agency; (d) classes of officers or staff members of another agency. 44 Subsection 56(1) After "necessary", insert "(including informing the chief officer of any other agency that is exercising authority under the warrant of the proposed revocation)". 45 At the end of subsection 56(2) Add "after causing the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith that the certifying officer proposes to revoke the warrant". 46 After paragraph 57(1)(a) Insert: (aa) cause the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith of the proposed revocation of the warrant; and 47 Subsection 57(2) Omit "after causing the Commissioner of Police to be informed of the proposed revocation", substitute: after: (a) causing the Commissioner of Police to be informed of the proposed revocation; and (b) causing the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith that the chief officer proposes to revoke the warrant. 48 After paragraph 57(3)(a) Insert: (aa) the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith of the revocation; and 49 At the end of section 58 Add: (2) If the chief officer of an agency is informed under subsection 56(2) or section 57 of the revocation or proposed revocation of a warrant, the chief officer of the agency shall forthwith take such steps as are necessary to ensure that interceptions of communications under the warrant by the agency are discontinued. 50 Subsection 61(3) Omit "warrant issued under section 45 or 46", substitute "Part VI warrant". 51 Paragraph 61(4)(a) Omit "warrant issued to the agency under section 45, 46 or 48", substitute "Part VI warrant". 52 Subsections 64(1) and (2) Omit "section 11A information", substitute "foreign intelligence information". 53 Subsection 65(1) Omit "(c)", substitute "(b)". 54 Subsection 65(2) Omit "section 11A information", substitute "foreign intelligence information". 55 Paragraphs 65A(a) and 67(a) Omit "section 11A information", substitute "foreign intelligence information". 56 Subsection 74(1) Omit "section 11A information", substitute "foreign intelligence information". 57 Subsection 75(1) After "11A", insert ", 11B or 11C". 58 After section 75 Insert: 75A Evidence that has been given in exempt proceeding If information is given in evidence (whether before or after the commencement of this section) in an exempt proceeding under section 74 or 75, that information, or any part of that information, may later be given in evidence in any proceeding. Note: This section was inserted as a response to the decision of the Court of Appeal of New South Wales in Wood v Beves (1997) 92 A Crim R 209. 59 Paragraphs 77(1)(a) and 77(1)(b) After "75," insert "75A,". 60 Subsection 77(2) After "11A", insert ", 11B or 11C". 61 Subsection 77(2) Omit "or 74", substitute ", 74 or 75A". 62 Subsections 77(3) and (4) After "74," insert "75A,". 63 Paragraph 80(1)(d) Omit "warrant issued to another agency under section 45 or 46", substitute "Part VI warrant issued to another agency". 64 Paragraph 80(1)(da) Repeal the paragraph. 65 At the end of paragraphs 81(1)(a), (b), (e) and (f) Add "and". 66 Subsection 81A(2) Omit "warrant issued under section 45, 46 or 48", substitute "Part VI warrant". 67 Paragraph 81A(2)(g) Omit "or 46(1)(d)", substitute ", 45A(1)(d), 46(1)(d) or 46A(1)(d)". 68 Paragraph 81C(2)(g) Omit "or paragraph 46(1)(d)", substitute ", paragraph 45A(1)(d), 46(1)(d) or 46A(1)(d)". 69 Paragraphs 81C(3)(a) and (4)(a) Omit "warrant was issued under section 45, 46 or 48", substitute "Part VI warrant". 70 Section 97 Omit "or 46", substitute ", 45A, 46 or 46A". 71 After paragraph 103(ab) Insert: (ac) for: (i) each Commonwealth agency; and (ii) each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates; the number (if any) of interceptions carried out on behalf of each other such Commonwealth agency or eligible authority; and Part 2—Transitional provisions 72 Transitional provision for operation of section 55 of the Telecommunications (Interception) Act 1979 If: (a) before the commencement of items 40, 41 and 42, a member of the Australian Federal Police was exercising authority conferred by a warrant issued under section 48 of the Telecommunications (Interception) Act 1979; and (b) on the commencement of those items the warrant has not expired or been revoked; and (c) the authority conferred by the warrant is exercised after the commencement of those items; then, despite the amendments made by those items, the authority conferred by the warrant must continue to be exercised as if those amendments had not been made. [Minister's second reading speech made in— House of Representatives on 16 February 2000 Senate on 13 March 2000] (15/00)