Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p14
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 14/27)
Character Range: 33398–36256

than a narcotics offence) against a law of the Commonwealth or of a State or Territory punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years;";

    (c) by inserting in subsection (1) the following definition:

    " 'premises' includes:

            (a) any structure, building, aircraft or ship, or a vehicle or other carriage; and

            (b) any land (whether or not enclosed or built on); and

            (c) any part of premises (including premises of a kind referred to in paragraph (a) or (b));'

28. After section 219a of the Principal Act the following sections are inserted:

Certain Judges eligible to issue warrants for use of listening devices

"219aa. (1) A Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory may, by writing, consent to be nominated by the Minister under subsection (2).

"(2) The Minister may, by writing, nominate a Judge of a court referred to in subsection (1) in relation to whom a consent is in force under that subsection to be a Judge for the purposes of this Division.

Immunity of Judges

"219ab. A Judge has, in relation to the performance of a function or exercise of a power conferred on a Judge by this Division, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.".

Use of listening devices

29. Section 219b of the Principal Act is amended by omitting from subsection (12) "the interception of a communication passing over a telecommunications system controlled by the Australian Telecommunications Corporation" and substituting "the interception (whether or not in contravention of subsection 7 (1) of that Act) of a communication passing over a telecommunications system within the meaning of that Act".

Certain information not to be disclosed

30. Section 219f of the Principal Act is amended:

    (a) by omitting from subsection (1) "$1,000 or imprisonment for 2 years" and substituting "Imprisonment for 3 years";

    (b) by omitting paragraph (2) (a) and substituting the following paragraph:

        "(a) where the information relates, or appears to relate, to the commission, or intended commission, of a prescribed offence—

          the information may be communicated, for the purpose of the investigation of the offence, to:

            (i) an official of that agency; or

            (ii) an official of the other Commonwealth law enforcement agency; or

            (iii) an officer of the Police Force of a State or Territory; and".

Certain records to be destroyed

31. Section 219g of the Principal Act is amended by omitting subparagraph (b) (i) and substituting the following subparagraph:

    "(i) in, or in connection with, a relevant proceeding; or".

PART 11—AMENDMENTS OF THE EVIDENCE ACT 1905

Principal Act

32. In