Telecommunications (Interception) Tasmania Act 1999

Telecommunications (Interception) Tasmania Act 1999

This Act may be cited as the Telecommunications (Interception) Tasmania Act 1999.

This Act commences on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears – Commissioner means the Commissioner of Police in this State;Commonwealth Act means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;Commonwealth Minister means the Minister administering the Commonwealth Act; contravene includes fail to comply with; inspecting officer means – the Ombudsman; and an officer of the Ombudsman authorised by the Ombudsman to undertake an inspection; inspection means an inspection under Part 3; officer of the Ombudsman has the same meaning as in the Ombudsman Act 1978;Ombudsman has the same meaning as in the Ombudsman Act 1978; possession includes custody and control; regulations means regulations made and in force under this Act; Tasmania Police Service means the Police Service as defined in the Police Service Act 2003.

Unless the contrary intention appears, each of the following expressions has the same meaning as in the Commonwealth Act:agency; certifying officer; premises; restricted record; warrant; any other expression not defined in subsection (1) but defined in the Commonwealth Act.

A reference in this Act to an Act of the Commonwealth is a reference to that Act as amended from time to time.

The Commissioner must keep in the records of the Tasmania Police Service –

each warrant issued to the Tasmania Police Service; and a copy of each notification of the issue of a warrant given under section 53(1)(b) of the Commonwealth Act; and each instrument revoking a warrant issued to the Tasmania Police Service; and a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer of the Tasmania Police Service; and each authorisation made by the Commissioner under section 66(2) of the Commonwealth Act.

The Commissioner must cause the following particulars and statements to be recorded as soon as practicable after the occurrence of the event to which they relate:particulars of each telephone application for a warrant made on behalf of the Tasmania Police Service; in relation to each application for a warrant made on behalf of the Tasmania Police Service, a statement as to whether – the application was withdrawn or refused; or a warrant was issued on the application; in relation to each warrant whose authority is exercised by the Tasmania Police Service, particulars of – the warrant; and the day on which, and the time at which, each interception under the warrant began; and the duration of each such interception; and the name of the person who carried out each such interception; and in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant; in relation to each restricted record that has at any time been in the possession of the Tasmania Police Service – if the record was obtained by an interception under a warrant, particulars of that warrant; and particulars of each occasion on which the record came (whether by its making or otherwise) to be in the possession of the Tasmania Police Service; and particulars of each occasion (if any) on which the record ceased (whether by its destruction or otherwise) to be in the possession of the Tasmania Police Service; and particulars of each agency, body or other person (if any) from whom the Tasmania Police Service received the record or to whom the Tasmania Police Service supplied the record; particulars of each use made by the Tasmania Police Service of lawfully obtained information; particulars of each communication of lawfully obtained information by a member of the Tasmania Police Service to a person or body other than another member of the Tasmania Police Service; particulars of each occasion on which, to the knowledge of a member of the Tasmania Police Service, lawfully obtained information was given in evidence in a relevant proceeding.

If a warrant is a named person warrant, the particulars referred to in subsection (1)(ba)(ii) must indicate the service in respect of which each interception occurred.

The Commissioner must keep in the records of the Tasmania Police Service each record that the Commissioner has caused to be made under subsection (1).

The Commissioner must give to the Minister –

within 3 months after a warrant issued to the Tasmania Police Service ceases to be in force, a written report about – the use made by the Tasmania Police Service of information obtained by interceptions under the warrant; and the communication of that information to persons other than members of the Tasmania Police Service; and as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out the information that – is required by Division 2 of Part 2-8 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 can be derived from the records of the Tasmania Police Service.

As soon as practicable after receiving a report made under section 6(c) or (d), the Minister is to give a copy of that report to the Commonwealth Minister.

In this section, a reference to a restricted record is a reference to a restricted record that – is made either before, at the same time as or after the commencement of section 35 of the Commonwealth Act; and is in the possession of the Tasmania Police Service.

Except while a restricted record is being dealt with in accordance with this Act or the Commonwealth Act, the Commissioner must cause the restricted record to be kept in a secure place so that it is not accessible to persons who are not entitled to deal with it.

The Commissioner must cause a restricted record to be destroyed immediately if he or she is satisfied that the record is not likely to be required for a permitted purpose, other than a purpose connected with – an inspection; or a report on such an inspection.

The Ombudsman may at any time –

inspect the records of the Tasmania Police Service to ascertain the extent of the compliance by the members of the Tasmania Police Service with Part 2 during any period; and report to the Minister about the results of the inspection; and do anything necessary or convenient for the exercise of the powers specified in paragraphs (a) and (b).

At least once in each period of 6 months, the Ombudsman must inspect the records of the Tasmania Police Service to ascertain the extent of compliance by the members of the Tasmania Police Service with Part 2 since the last inspection.

Not later than 3 months after the end of each financial year, the Ombudsman must report in writing to the Minister on the results of inspections carried out in that financial year.

If the Ombudsman has provided a report under subsection (1) or section 9(b) to the Minister, the Ombudsman – must notify the Commonwealth Minister, in writing, that the report has been given; and must provide the Commissioner with a copy of the report.