Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p4
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 7590–10437

was an original warrant; and

(c) no renewal of the warrant was issued; and

SCHEDULE 1—continued

   (d) at the end of the period of 3 months after the time (the 'cessation time') when the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under the warrant; and

(e) the cessation time is after the commencement of this section;

the warrant becomes a registrable expired warrant at the end of that period.

Interpretation—criminal proceedings supported by intercepted information

"(5) A reference in this section to criminal proceedings that had been, or were likely to be, instituted on the basis of information obtained as a result of intercepting a communication under a warrant includes a reference to criminal proceedings that were, or were likely to be, supported by information obtained as a result of intercepting a communication under a warrant.

Regular submission of Special Register to Minister

Original submission

"81D.(1) Within 3 months after the commencement of this section, the Commissioner of Police must deliver the Special Register to the Minister for inspection by the Minister.

Subsequent submissions

"(2) Once at least within each succeeding period of 3 months, the Commissioner of Police must deliver to the Minister, for inspection by the Minister, any part of the Special Register that represents information recorded since the Special Register, or any part of the Special Register, was last delivered to the Minister.

Special Register and General Register to be delivered at the same time

"(3) As far as is practicable, the Commissioner of Police is to ensure that delivery of the Special Register, or a part of the Special Register, as the case requires, takes place at the same time as the delivery of a part of the General Register under subsection 81B(2).

Provision of information by eligible authorities

When section applies

"81E.(1) This section applies to an eligible authority of a State if the eligible authority is an agency.

SCHEDULE 1—continued

Commissioner may require information

"(2) The Commissioner of Police may, by written notice given to the chief officer of the eligible authority, require the chief officer to give the Commissioner of Police such information as the Commissioner of Police requires for the purposes of complying with the obligations imposed on him or her by section 81C.

Information to be given

"(3) The chief officer must give the information within the period, and in the manner, specified in the notice.".

7. After paragraph 82(a):

Insert:

     "(aa) to inspect a Commonwealth agency's records in order to ascertain the accuracy of entries in the Special Register; and".

Division 2—General Register