Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p21
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 21/27)
Character Range: 51118–54040

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

Principal Act

50. In this Part, "Principal Act" means the Telecommunications (Interception) Act 197915.

Interpretation

51. (1) Section 5 of the Principal Act is amended:

    (a) by adding at the end of paragraph (b) of the definition of "eligible authority" in subsection (1) "or the Independent Commission Against Corruption";

    (b) by omitting paragraph (c) of the definition of "prescribed offence" in subsection (1) and substituting the following paragraph:

          "(c) an offence against a provision of Part VIIb of the Crimes Act 1914;"

(2) References in the Principal Act to a prescribed offence shall be taken to include references to an offence against section 86, 87, 88, 94 or 94a of the Telecommunications Act 1975 committed before the commencement of section 90 of the Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989.

Exempt proceedings

52. Section 5b of the Principal Act is amended:

    (a) by omitting from paragraph (e) "or";

    (b) by adding at the end the following paragraphs:

         "(g) a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service; or

         (h) a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter

          (within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years.".

Preconditions for declaration

53. Section 35 of the Principal Act is amended by omitting from paragraph (1) (g) "(j)" and substituting "(h)".

Issue of warrant on telephone application

54. Section 50 of the Principal Act is amended:

    (a) by omitting from subsection (1) "issuing a warrant" and substituting "completing and signing a warrant issued";

    (b) by omitting paragraph (1) (a).

Who may exercise authority conferred by warrant

55. Section 55 of the Principal Act is amended by adding at the end the following subsections:

"(4) Notwithstanding subsection (1), a designated technical officer may provide technical assistance to a member of the Australian Federal Police who is exercising the authority conferred by a warrant.

"(5) A reference in subsection (4) to the provision of technical assistance includes a reference to the doing of any act in connection with:

    (a) the installation of equipment for the purpose of intercepting a communication in accordance with a warrant;

    (b) the maintenance, testing or use of such equipment; or

    (c) the removal of such equipment.

"(6) The Commissioner of Police or a person who is an approving officer under subsection (3) may, in writing, declare persons to be designated technical officers for