Document ID: chunk:federal_register_of_legislation:C2004A04658:body:0:p8
Version: federal_register_of_legislation:C2004A04658
Segment Type: other
Provision Reference: 
Character Range: 18250–20970

to the Managing Director or secretary of a carrier includes a reference to the Managing Director or secretary of a body corporate of which the carrier is a subsidiary.

"(7) For the purposes of this section, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as the question is determined under the Corporations Law.".

12. Section 33 of the Principal Act is repealed and the following section is substituted:

Functions

"33. The functions of the Telecommunications Interception Division are:

     (a) to take action to enable warrants issued to agencies other than the Australian Federal Police to be executed; and

     (b) such other functions as are assigned to the Division in writing by the Commissioner of Police.".

Agency may apply for warrant

  13. Section 39 of the Principal Act is amended:

  (a) by adding at the end of paragraphs (2)(a), (b) and (c) "or";

     (b) by adding at the end of subsection (2) the following word and paragraph:

     "or (f) in the case of the Criminal Justice Commission:

            (i) a Commissioner of the Commission; or

            (ii) an officer of the Police Force of Queensland who is an officer of the Commission.";

  (c) by omitting subsection (3).

Limit on authority conferred by warrant under section 45 or 46

14. Section 47 of the Principal Act is amended by inserting in paragraph (b) ", and by a member or staff member of the Australian Federal Police," after "carrier".

Judge may revoke warrant where section 51 contravened

15. Section 52 of the Principal Act is amended by omitting from paragraph (2)(b) "the instrument" and substituting "a copy of the instrument".

Notification to Australian Federal Police of issue of warrants to other agencies

  16. Section 53 of the Principal Act is amended:

  (a) by adding at the end of paragraph (1)(a) "and";

     (b) by omitting paragraph (1)(c) and substituting the following paragraphs:

          "(c) in the case of a warrant issued under section 48—must cause the warrant to be given to the Commissioner of Police as soon as practicable; and

(d) in the case of a warrant issued under section 45 or 46—must cause a copy of the warrant to be given to the Commissioner of Police as soon as practicable.".

17.(1) Sections 54 and 55 of the Principal Act are repealed and the following sections are substituted:

Entry into force of certain warrants

"54.(1) A warrant under section 45 or 46 issued to an agency other than the Australian Federal Police does not come into force until:

  (a) in any case, a copy of the warrant; or

    (b) in the case of a warrant issued on a telephone application, a notification under paragraph