Telecommunications Interception Act 2009

This Act may be cited as the Telecommunications Interception Act 2009.

This Act commences on a day to be fixed by proclamation.

The dictionary in the schedule defines particular words used in this Act.

Unless the contrary intention appears, a word or expression used in this Act that is not defined in this Act has the meaning given by the Commonwealth Act.

The main objective of this Act is to enable the use by the police service and the CCC of telecommunications interception as a tool for the investigation of serious offences.

The main objective is to be achieved by establishing a recording, reporting and inspection regime required under the Commonwealth Act for the Commonwealth Minister to be able to declare the police service and the CCC to be agencies under the Commonwealth Act.

This part applies if an officer of an eligible authority intends to make—

an application for a part 2-5 warrant under the Commonwealth Act, section 39 (a part 2-5 warrant application); or

an application for an international production order under the Commonwealth Act, schedule 1, clause 22 (an IPO (investigative) application); or

an application for an international production order under the Commonwealth Act, schedule 1, clause 52 (an IPO (supervisory) application).

The officer must notify the PIM of the application under arrangements decided by the PIM.

If the officer intends to make the application in writing, the officer must give the PIM—

a copy of the written application; and

a copy of the affidavit required to accompany the written application under—

for a part 2-5 warrant application—the Commonwealth Act, section 42; or

for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 25; or

for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 55.

If the officer intends to make the application by telephone, the officer must give the PIM the information required to be given on a telephone application under—

for a part 2-5 warrant application—the Commonwealth Act, section 43; or

for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 26; or

for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 56.

The officer must also fully disclose to the PIM all matters of which the officer is aware, both favourable and adverse to the issuing of the part 2-5 warrant or international production order.

The officer must also give the PIM any further information that is required to be given to the eligible Judge or nominated ART member in connection with the application under—

for a part 2-5 warrant application—the Commonwealth Act, section 44; or

for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 27; or

for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 57.

To test the validity of the application, the PIM is entitled to appear at the hearing of the application, make submissions to the eligible Judge or nominated ART member and question persons as provided under—

for a part 2-5 warrant application—the Commonwealth Act, section 45; or

for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 29; or

for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 59.

As soon as practicable after the application is heard, the PIM must return to the officer any documents given by the officer to the PIM under section 7, 8 or 9 in relation to the application.

This section applies to—

an officer of an eligible authority; and

a person questioned by the PIM in relation to an application as mentioned in section 10(1).

An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the person, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this part.

Whenever the PIM considers it appropriate, the PIM may give the Minister a report on noncompliance by an eligible authority with this Act or the Commonwealth Act.

The report must not contain information mentioned in—

for a report relating to a part 2-5 warrant—the Commonwealth Act, section 63; or

for a report relating to an international production order—the Commonwealth Act, schedule 1, clause 152.

The PIM must give a copy of the report to—

if the eligible authority is the CCC—the parliamentary commissioner and the parliamentary committee; or

if the eligible authority is the police service—the Police Minister.