Telecommunications Interception Act 2009 (Qld)

Telecommunications Interception Act 2009

An Act to enhance law enforcement in Queensland by enabling the Queensland Police Service and the Crime and Corruption Commission to be declared agencies under the Telecommunications (Interception and Access) Act 1979 (Cwlth)

Part 1 Preliminary

1 Short title This Act may be cited as the Telecommunications Interception Act 2009.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in the schedule defines particular words used in this Act.

4 Meaning of expressions used in Commonwealth Act Unless the contrary intention appears, a word or expression used in this Act that is not defined in this Act has the meaning given by the Commonwealth Act.

5 Objective (1) The main objective of this Act is to enable the use by the police service and the CCC of telecommunications interception as a tool for the investigation of serious offences. (2) The main objective is to be achieved by establishing a recording, reporting and inspection regime required under the Commonwealth Act for the Commonwealth Minister to be able to declare the police service and the CCC to be agencies under the Commonwealth Act.

Part 2 Notification to and appearance of PIM

6 Application of pt 2 This part applies if an officer of an eligible authority intends to make— (a) an application for a part 2-5 warrant under the Commonwealth Act, section 39 (a part 2-5 warrant application); or (b) an application for an international production order under the Commonwealth Act, schedule 1, clause 22 (an IPO (investigative) application); or (c) an application for an international production order under the Commonwealth Act, schedule 1, clause 52 (an IPO (supervisory) application).

7 PIM must be notified (1) The officer must notify the PIM of the application under arrangements decided by the PIM. (2) If the officer intends to make the application in writing, the officer must give the PIM— (a) a copy of the written application; and (b) a copy of the affidavit required to accompany the written application under— (i) for a part 2-5 warrant application—the Commonwealth Act, section 42; or (ii) for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 25; or (iii) for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 55. (3) If the officer intends to make the application by telephone, the officer must give the PIM the information required to be given on a telephone application under— (a) for a part 2-5 warrant application—the Commonwealth Act, section 43; or (b) for an IPO (investigative) application—the Commonwealth Act, schedule 1, clause 26; or (c) for an IPO (supervisory) application—the Commonwealth Act, schedule 1, clause 56.