Document ID: chunk:federal_register_of_legislation:C2004A04991:body:0:p8
Version: federal_register_of_legislation:C2004A04991
Segment Type: other
Provision Reference: 
Character Range: 18116–20955

Territory that is capable of operating concurrently with this Part.

State or Territory courts—jurisdictional limits

"107E. This Part does not enable an inferior court of a State or Territory to grant remedial relief of a kind that the court is unable to grant under the law of that State or Territory.

SCHEDULE 1—continued

Extended meaning of "conviction"—orders under section 19B of the Crimes Act 1914

"107F. A reference in this Part to the conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.

   Note: Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.".

19. Application

The amendments made by this Part apply to the grant of remedial relief as follows:

    (a) if the grant is in respect of an interception that contravened subsection 7(1) of the Telecommunications (Interception) Act 1979—the amendments apply to a contravention that occurs after the commencement of this item;

    (b) if the grant is in respect of a communication of information that contravened section 63 of the Telecommunications (Interception) Act 1979—the amendments apply to a contravention that occurs after the commencement of this item, even if the information was obtained by an interception that occurred before the commencement of this item.

PART 4—DISCLOSURE OF INFORMATION ABOUT THE EXISTENCE OF A WARRANT ETC.

20. Subsection 5(1):

Insert:

" 'designated warrant information' has the meaning given by section 6EA;".

21. After section 6E:

Insert:

Designated warrant information

"6EA. A reference in this Act to designated warrant information is a reference to:

(a) information about any of the following:

    (i) an application for a warrant;

    (ii) the issue of a warrant;

    (iii) the existence or non-existence of a warrant;

    (iv) the expiry of a warrant; or

SCHEDULE 1—continued

(b) any other information that is likely to enable the identification of:

    (i) the telecommunications service to which a warrant relates; or

       (ii) a person specified in a warrant as a person using or likely to use the telecommunications service to which the warrant relates.".

22. Section 63:

Add at the end:

"(2) Subject to this Part, a person must not, after the commencement of this subsection:

(a) communicate designated warrant information to another person; or

(b) make use of designated warrant information; or

(c) make a record of designated warrant information; or

(d) give designated warrant information in evidence in a proceeding.".

23. After section 63:

Insert:

Dealing in designated warrant information for the purposes of Part III, VI, VIII or IX

"63AA. A person may,