Telecommunications (Interception) Northern Territory Act 2001

This Act may be cited as the Telecommunications (Interception)

Northern Territory Act 2001.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

Commissioner means the Commissioner of Police.

Commonwealth Act means the Telecommunications (Interception and Access) Act 1979 (Cth).

Commonwealth Minister means the Minister administering the Commonwealth Act.

Commonwealth Ombudsman means the office of the Commonwealth Ombudsman established by the Ombudsman Act 1976 (Cth).

inspecting officer means:

(ii) a public sector employee to whom the Ombudsman has delegated a function or functions in relation to an inspection; or

(ii) a person to whom the Inspector has delegated a function or functions in relation to an inspection.

inspection means:

(a) for records of the Police Force – an inspection under Part 3, Division 1; or

(b) for records of the ICAC – an inspection under Part 3A, Division 1.

Inspector means the Inspector referred to in section 23 of the Integrity and Ethics Commissioner Act 2025.

member of ICAC staff, see section 4 of the Independent Commissioner Against Corruption Act 2017.

Ombudsman, see section 4 of the Ombudsman Act 2009.

Police Force means the Police Force of the Northern Territory established by the Police Administration Act 1978.

possession includes custody and control.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) In this Act each of the following expressions has the same meaning as in the Commonwealth Act:

(g) any other expression not defined in subsection (1) but defined in the Commonwealth Act.

(3) A reference to a member of the Police Force is to be read as a reference to an officer of the Police Force for the purposes of the Commonwealth Act.

The Commissioner must keep as records of the Police Force:

(b) a copy of each notification given by the Commissioner under section 59A(2) of the Commonwealth Act; and

(c) each instrument revoking a warrant issued to the Police Force; and

(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer of the Police Force; and

(e) each authorisation made by the Commissioner under section 66(2) of the Commonwealth Act.

(1) The Commissioner must cause the following information to be recorded as soon as practicable after the event to which it relates occurs:

(a) particulars of each telephone application for a warrant made on behalf of the Police Force;

(b) in relation to each application for a warrant made on behalf of the Police Force, a statement as to whether:

(c) in relation to each warrant whose authority is exercised by the Police Force, particulars of:

(ii) the day on which, and the time at which, each interception under the warrant began; and

(iv) the name of the person who carried out each such interception; and

(v) in relation to a named person warrant – each service to or from which communications have been intercepted under the warrant;

(d) in relation to each restricted record that has at any time been in the possession of the Police Force, particulars of:

(i) if the record was obtained by an interception under a warrant – that warrant; and

(ii) each occasion on which the record came (whether by its making or otherwise) to be in the possession of the Police Force; and

(iii) each occasion (if any) on which the record ceased (whether by its destruction or otherwise) to be in the possession of the Police Force; and

(iv) each agency, body or other person (if any) from whom the Police Force received the record or to whom the Police Force supplied the record;

(e) particulars of each use made by the Police Force of lawfully obtained information;

(f) particulars of each communication of lawfully obtained information by a member of the Police Force to a person or body other than another member of the Police Force;

(g) particulars of each occasion on which, to the knowledge of a member of the Police Force, lawfully obtained information was given in evidence in a relevant proceeding in relation to the Police Force.

(2) The Commissioner must keep as records of the Police Force the information recorded under subsection (1).

The Commissioner must give to the Minister:

(c) within 3 months after a warrant issued to the Police Force ceases to be in force, a written report about:

(i) the use made by the Police Force of information obtained by interceptions under the warrant; and

(ii) the communication of that information to persons other than members of the Police Force; and

(d) as soon as practicable (and in any event within 3 months) after each 30 June, a written report that sets out the information that:

(i) is required by Part 2-8, Division 2 of the Commonwealth Act to be set out in the Commonwealth Minister's report under that Division in relation to the year ending on that 30 June; and

Force, other than a purpose connected with an inspection or a report on an inspection.

The ICAC must keep as records of the ICAC:

(b) a copy of each notification given by the ICAC under section 59A(2) of the Commonwealth Act; and

(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer of the ICAC; and

(e) each authorisation made by the ICAC under section 66(2) of the Commonwealth Act.

(1) The ICAC must cause the following information to be recorded as soon as practicable after the event to which it relates occurs:

(a) particulars of each telephone application for a warrant made on behalf of the ICAC;

(b) in relation to each application for a warrant made on behalf of the ICAC, a statement as to whether:

(c) in relation to each warrant whose authority is exercised by the ICAC, particulars of:

(ii) the day on which, and the time at which, each interception under the warrant began; and

(iv) the name of the person who carried out each such interception; and

(v) in relation to a named person warrant – each service to or from which communications have been intercepted under the warrant;

(d) in relation to each restricted record that has at any time been in the possession of the ICAC, particulars of:

(i) if the record was obtained by an interception under a warrant – that warrant; and

(ii) each occasion on which the record came (whether by its making or otherwise) to be in the possession of the ICAC; and

(iii) each occasion (if any) on which the record ceased (whether by its destruction or otherwise) to be in the possession of the ICAC; and

(iv) each agency, body or other person (if any) from whom the ICAC received the record or to whom the ICAC supplied the record;

(e) particulars of each use made by the ICAC of lawfully obtained information;

(f) particulars of each communication of lawfully obtained information by the ICAC or a member of ICAC staff to a person or body other than the ICAC or another member of ICAC staff;

(g) particulars of each occasion on which, to the knowledge of the ICAC or a member of ICAC staff, lawfully obtained information was given in evidence in a relevant proceeding in relation to the ICAC.

(2) The ICAC must keep as records of the ICAC the information recorded under subsection (1).

The ICAC must give to the Minister:

(a) within 3 months after a warrant issued to the ICAC ceases to be in force, a written report about:

(i) the use made by the ICAC of information obtained by interceptions under the warrant; and

(ii) the communication of that information to persons other than the ICAC or members of ICAC staff; and

(b) as soon as practicable (and in any event within 3 months) after each 30 June, a written report that sets out the information that:

(i) is required by Part 2-8, Division 2 of the Commonwealth Act to be set out in the Commonwealth Minister's report under that Division in relation to the year ending on that 30 June; and