Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p14
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 33215–36169

to the authority that is the State inspecting authority in relation to the agency.

"(3) The Ombudsman may only give information to an authority under subsection (2) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State agency.

"(4) The Ombudsman may receive from a State inspecting authority information relevant to the performance of the Ombudsman's functions under this Act.".

Annual reports regarding applications and warrants under Part VI

  30. Section 94 of the Principal Act is amended:

     (a) by omitting from paragraph (2)(a) ", or inspecting telegrams, as the case requires,";

  (b) by inserting after subsection (3) the following subsection:

     "(3A) A report under subsection (3) must include a statement of the total expenditure (including expenditure of a capital nature) incurred by the agency concerned in connection with the execution of warrants during the year to which the report relates.".

Annual reports by State authorities

  31. Section 96 of the Principal Act is amended:

  (a) by inserting in paragraph (1)(a) "or 102A" after "section 102";

  (b) by inserting after subsection (1) the following subsection:

     "(1A) A report under subsection (1) must include a statement of the total expenditure (including expenditure of a capital nature) incurred by the eligible authority concerned in connection with the execution of warrants during the year to which the report relates.";

     (c) by omitting from subsection (2) "subsection (1)" and substituting "subsections (1) and (1A)".

32. Section 103 of the Principal Act is repealed and the following sections are substituted:

Report regarding interceptions without warrant

"102A. The report must state, for each agency referred to in subsection 7(8), the number of occasions on which an officer or staff member of the agency intercepted a communication in reliance on subsection 7(4) or (5).

Other information to be included in report

  "103. The report must set out:

       (a) the total expenditure (including expenditure of a capital nature) incurred by agencies to which the report relates in connection with the execution of warrants during the year to which the report relates; and

       (b) such other information (if any) as is prescribed.".

Repeals

  33. Parts IIA and IV and sections 8, 11 and 98 are repealed.

Further amendments

  34. The Principal Act is further amended as set out in the Schedule.

                          SCHEDULE Section 34

FURTHER AMENDMENTS

Subsection 5(1) (definition of "chief officer"):

  Add at the end of each of paragraphs (a), (b) and (c) "or".

Subsection 5(1) (definition of "officer"):

  Add at the end of each of paragraphs (a), (b) and (c) "or".

Subsection 5(1) (definition of "prescribed investigation"):

  Add at the end of paragraph (a) "or".

Subsection 5(1) (definition of "record"):

  (a)