Document ID: chunk:federal_register_of_legislation:C2024C00749:section:5:p32
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 5 (pt 32/33)
Character Range: 120036–122872

this Act to an employee of a security authority includes a reference to a person who is engaged by the security authority or whose services are made available to the security authority.
 (5) For the purposes of the definition of telecommunications system in subsection (1), a telecommunications network shall be taken to be within Australia to the extent that the network is used for the purpose of carrying communications:
 (a) over an earth‑based facility within Australia, or between earth‑based facilities within Australia;
 (b) from an earth‑based facility within Australia to a satellite‑based facility, but only to the extent that the next earth‑based facility to which the communications will be carried is an earth‑based facility within Australia;
 (c) from a satellite‑based facility to an earth‑based facility within Australia, but only to the extent that the last earth‑based facility from which the communications were carried was an earth‑based facility within Australia; and
 (d) over a satellite‑based facility, or between satellite‑based facilities, but only to the extent that:
 (i) the last earth‑based facility from which the communications were carried was an earth‑based facility within Australia; and
 (ii) the next earth‑based facility to which the communications will be carried is an earth‑based facility within Australia;
whether or not the communications originated in Australia, and whether or not the final destination of the communications is within Australia.
 (6) For the purposes of the definition of foreign intelligence in subsection (1), Australia includes the external Territories.

Permitted purposes—Law Enforcement Conduct Commission (NSW)
 (7) For the purposes of subparagraph (e)(i) of the definition of permitted purpose in subsection (1), this subsection applies to conduct that:
 (a) both:
 (i) involves a police officer, administrative employee or Crime Commission (NSW) officer; and
 (ii) the Law Enforcement Conduct Commission (NSW) has decided is (or could be) serious misconduct or officer maladministration that is serious maladministration and should be investigated; or
 (b) both:
 (i) involves the Commissioner of Police or a Deputy Commissioner of Police; and
 (ii) is (or could be) police misconduct or officer maladministration; or
 (c) both:
 (i) involves the Crime Commissioner or an Assistant Commissioner of the Crime Commission (NSW); and
 (ii) is (or could be) Crime Commission (NSW) officer misconduct or officer maladministration; or
 (d) both Houses of the Parliament of New South Wales refer to the Commission for investigation under section 196 of the Law Enforcement Conduct Commission Act (NSW).
 (8) An expression used in subsection (7) of this section and in the Law Enforcement Conduct Commission Act (NSW) has the same meaning in that subsection as in that Act.