Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p1
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 0–2812

Telecommunications (Interception) Amendment Act 1995

No. 141 of 1995

An Act to amend the Telecommunications (Interception) Act 1979 and the Telecommunications Act 1991, and for related purposes

[Assented to 12 December 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Telecommunications (Interception) Amendment Act 1995.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Part 2 of Schedule 1 commences on a day to be fixed by Proclamation.

(3) If Part 2 of Schedule 1 does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Amendments

3. The Acts specified in the Schedules are amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms

_______________

     SCHEDULE 1     Section 3

AMENDMENT OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

PART 1—DEFINITION OF "CLASS 2 OFFENCE"

1. Subsection 5(1) (definition of "class 2 offence"):

Omit the definition, substitute:

" 'class 2 offence' has the meaning given by section 5D;".

2 After section 5C:

Insert:

Class 2 offences

Class 2 offences

"5D.(1) This section sets out the offences that are class 2 offences for the purposes of this Act.

Serious offences etc.

"(2) An offence is a class 2 offence if:

    (a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and

    (b) the particular conduct constituting the offence involved, involves or would involve, as the case requires:

    (i) loss of a person's life or serious risk of loss of a person's life; or

    (ii) serious personal injury or serious risk of serious personal injury; or

(iii) serious damage to property in circumstances endangering the safety of a person; or

(iv) trafficking in prescribed substances; or

    (v) serious fraud; or

        (vi) serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or

        (vii) bribery or corruption of, or by:

        (A) an officer of the Commonwealth; or

        (B) an officer of a State; or

        (C) an officer of a Territory.

Offences involving planning and organisation

"(3) An offence is also a class 2 offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence:

SCHEDULE 1—continued

(a) involves 2 or more offenders and substantial planning and organisation; and

    (b) involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and

    (c) is committed,