Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Act 2005
An Act to extend the circumstances in which communications can be intercepted without warrant, and for other purposes
1 Short title
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.5
2 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.6
2 Commencement
Commencement rules for provisions in the Act.
1 Section 1
Table of sections and commencement provision
6 July 2005
2 Section 2
1 March 2005.
1 March 2005
3 Section 3
17 December
4 Section 4
Requires a relation between identifiable temporal intervals
5 Section 5
Defines temporal interval for commencement
6 Section 6
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.7
7 Section 7
The day on which this Act receives the Royal Assent.
8 Section 8
9 Section 9
This Act comes into force on the specified day
10 Section 10
1 June 1980.
1 June 1980
3 Schedule(s)
4 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.8
1 Section 473.1 of the Criminal Code (at the end of the
Definition of law enforcement officer includes specific roles and agencies.
Defines the scope of law enforcement officers.
1 Subsections 6(2A) and (2B)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.9
1(2A) Subsections 6(2A) and (2B)
Definition of emergency service facility
emergency service facility is a subclass of premises
emergency service facility is declared by the Minister during a specific time period
emergency service facility has a temporal relation to the declaration
1(2B) Subsections 6(2A) and (2B)
Declare premises as emergency service facility
1(2C) Subsections 6(2A) and (2B)
Minister's declaration not a legislative instrument.
(2C) A declaration by the Minister under subsection (2B)
is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Minister's declaration is not an obligation to comply with the Legislative Instruments Act 2003
1(2D) Subsections 6(2A) and (2B)
Minister must specify force and geographical region in declaration
(a) the name of the force or service operating the premises to which the declaration relates; (b) the geographical region in which those premises are located.
(2D) If the Minister makes a declaration under subsection (2B)
Temporal relation between declaration and specification
6 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.10
6(2E) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Revocation of declaration upon disallowance by Parliament
Section 42 of the Legislative Instruments Act 2003
6(2F) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
No interception for lawfully engaged personnel
Exempts listening or recording from interception
6(2G) Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
Signs must be visible at each entrance to an emergency service facility.
Prohibits listening or recording communications at emergency service facilities.
2 After paragraph 103(ac)
3 Before subsection 6(3)
Inspection of communications does not constitute an interception.
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.11
4 Before subsection 6(3)
5 Subsection 6(2H)
Omit reference to Australian Communications Authority
8 Crimes Legislation Amendment (Telecommunications Interception and Other Measures)
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.12
8 Subsection 5(1) (after paragraph (d) of the definition of
Receiving or assisting a person guilty of an offence to escape punishment or dispose of proceeds.
Prohibits receiving or assisting a person guilty of an offence.
9 Paragraph 6K(c)
Repeal paragraph and substitute with a proceeding by way of an application for a restraining order.
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.13
10 After subsection 84(1)
The Ombudsman must include certain information in each report.
Obligation to include certain information
11 At the end of paragraphs 100(1)(a), (b), (c), (d) and (e)
Add “and” at the end of paragraphs 100(1)(a), (b), (c), (d) and (e)
12 After paragraph 100(1)(e)
Inserts new provisions about named person warrants into the Telecommunications (Interception) Act 1979.
10 Crimes Legislation Amendment (Telecommunications Interception and Other
Request for reporting on telecommunications services intercepted under warrants.
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.14
Requires reporting on telecommunications services.
(i) how many of those warrants involved the interception of a single telecommunications service;
the total number of telecommunication services intercepted under those warrants;
(ii) how many of those warrants involved the interception of between 2 and 5 telecommunications services;
(iii) how many of those warrants involved the interception of between 6 and 10 telecommunications services;
(iv) how many of those warrants involved the interception of more than 10 telecommunications services;
(ec) in relation to all named person warrants issued during that year on application made by each agency or authority, the total number of telecommunication services intercepted under those warrants;
13 At the end of paragraphs 100(2)(a), (b), (c), (d) and (e)
Add “and” at the end of paragraphs 100(2)(a), (b), (c), (d) and (e)
Imposes a duty on the legislative body to add ‘and’.
14 After paragraph 100(2)(e)
Relevant statistics about named person warrants must be provided.
14A Before paragraph 103(b)
Amendment of the Telecommunications (Interception) Act 1979 Schedule 2
12 Crimes Legislation Amendment (Telecommunications Interception and Other
crimes-legislation-amendment-telecommunications-interception-and-other-measures-act-2005.pdf, p.16
15 After subsection 5(4)
Reference to an employee of a carrier includes a reference to a person engaged by the carrier or whose services are made available to the carrier.