++ AUDAX : AT: FIDELIS ++ Queensland Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Queensland Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Contents Page Part 1 Preliminary 1 Shorttitle 2.0... eee 4 2 Commencement. ... 0.0... 500 cece eee eee 4 3 Objective ... 6... eee eee 4 4 Dictionary... 2.0.0.2 eee 4 Part 2 Functions of eligible authority 5 Eligible authority to keep documents connected with issue of WalrantS eee eee 5 6 Other records to be kept by an eligible authority in connection with interceptions 6... eee 5 Documents to be given by an eligible authority to Minister .... . 7 8 Documents to be given by State Minister to Commonwealth Minister teens 8 9 Keeping and destruction of restricted records ............... 8 Part 3 Functions and powers of principal inspector 10 General functions and powers .............00--..00 eee eee 9 11 Regular inspections of an eligible authority's records ......... 9 12 Reports... 2... ttt tees 10 13 Principal inspector may report on other breaches ............ 11 14 Principal inspector's general powers for inspections .......... 11 15 Power to obtain relevant information .................00005 11 16 Principal inspector to be given information and access despite Other laws... 2... eens 12 17 Dealing with information for purposes of inspection and report. . 13 18 Inspecting officer not to be sued ..............0....000005 14 19 Delegation by principal inspector ................0-.0 esas 14 20 Confidentiality provisions relating to inspecting officer......... 14 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 21 Exchange of information between principal inspector and Commonwealth ombudsman ............-..-0 eee eee eee Part 4 Miscellaneous 22 Copies of reports for Commonwealth Minister............... 23 General confidentiality provision...................0..200. 24 Offences relating to inspections under pt3 ................. 25 Proceeding for offence............ 0.000. c cee eee ee eee 26 Regulation-making power............0. 000. cee eee eee eee 27 Attachment..........0 0.000000 cece eee eee Schedule Dictionary .... 0.0.0.0... eee Attachment Extracts from the Commonwealth Act .................. 16171822 A Bill for An Act to facilitate the surveillance of communication between persons who are or may be involved in acts of terrorism, organised crime or corruption by enabling participating eligible authorities under the Telecommunications (Interception and Access) Act 1979 (Cwlth) to be declared as agencies under that Act, and for other purposes sl 4 s4 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Terrorism, Organised Crime and Anti-Corruption Surveillance Act 2007. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Objective The main objective of this Act is to establish a recording, reporting and inspection regime to complement the Telecommunications (Interception and Access) Act 1979 of the Commonwealth, so that the Queensland Police Service and the Crime and Misconduct Commission may use telecommunications interception as a tool for the investigation of particular serious offences prescribed under the Commonwealth Act. 4 Dictionary d) (2) The dictionary in the schedule defines particular words used in this Act. Unless the contrary intention appears, expressions used in this Act that are not defined in the dictionary have the same respective meanings as in the Commonwealth Act. DANnNKRWNK CO 21 s5 5 s6 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Part 2 Functions of eligible authority 5 Eligible authority to keep documents connected with issue of warrants The chief officer of an eligible authority must cause to be kept in the authority's records— (a) each warrant issued to the authority; and (b) a copy of each notification under the Commonwealth Act, section 53(1)(b)! of the issue of a warrant, being a notification given to the secretary of the Commonwealth department; and (c) each instrument revoking a warrant; and (d) a copy of each certificate issued under the Commonwealth Act, section 61(4)? by a certifying officer of the authority; and (e) each authorisation by the chief officer under the Commonwealth Act, section 66(2).3 6 Other records to be kept by an eligible authority in connection with interceptions (1) The chief officer of an eligible authority must cause to be recorded in writing— (a) (b) particulars of each telephone application for a part 2-5 warrant made by the authority; and for each application by the authority for a part 2-5 warrant, a statement as to whether— (i) _ the application was withdrawn or refused; or (ii) a warrant was issued on the application; and 1 Commonwealth Act, section 53 (Notification of issue of warrants) Commonwealth Act, section 61 (Evidentiary certificates) 3 Commonwealth Act, section 66 (Interceptor may communicate to agency to which warrant was issued) CMAN DD WH WH Dan BWN KF CO 22 24 26 s6 6 s6 Terrorism, Organised Crime and Anti-Corruption (c) (d) (e) (f) (g) Surveillance Bill 2007 for each part 2-5 warrant whose authority is exercised by the authority, particulars of— (i) (ii) (iii) (iv) (v) the warrant; and the day and time each interception under the warrant began; and how long each interception lasted; and the name of the person who carried out each interception; and for a named person warrant—each service to or from which communications have been intercepted under the warrant; and for each restricted record that has at any time been in the possession of the authority, particulars of— (i) (ii) (iii) (iv) if the restricted record is a record obtained by an interception under a warrant issued to the authority—that warrant; and each occasion when the restricted record came, whether by its making or otherwise, to be in the authority's possession; and each occasion, if any, when the restricted record ceased, whether by its destruction or otherwise, being in the authority's possession; and each other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and particulars of each use made by the authority of lawfully intercepted information; and particulars of each communication of lawfully intercepted information by an officer of the authority to a person or body other than an officer of the authority; and particulars of each occasion when, to the knowledge of an officer of the authority, lawfully intercepted CAN DNF W NK CAN DANK WN KO NNW NRO NNNN Dun wW NN aon WWWhN NrRoOw WW RW s7 7 s7 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 information was given in evidence in a relevant proceeding in relation to the authority. (2) The record must be made as soon as practicable after the happening of the event to which the particulars relate or the statement relates. (3) Ifa part 2-5 warrant is a named person warrant, the particulars mentioned in subsection (1)(c)(ii) must indicate the service in relation to which each interception happened. (4) The chief officer of an eligible authority must cause to be kept in the authority's records each record that the chief officer has caused to be made under this section. 7 Documents to be given by an eligible authority to Minister (1) The chief officer of an eligible authority must give the Minister— (a) acopy of— (i) each warrant issued to the authority; and (ii) each instrument under the Commonwealth Act, section 52 or 574 revoking a warrant issued to the authority; as soon as practicable after the issue or revocation of the warrant; and (b) within 3 months after a warrant issued to the authority ceases to be in force, a written report about— (i) the use made by the authority of information obtained by interceptions under the warrant; and (ii) the communication of that information to persons other than officers of the authority; and 4 Commonwealth Act, section 52 (Judge or nominated AAT member may revoke warrant where section 51 contravened) or 57 (Revocation of warrant by chief officer) C0 OAD NHW NRE ro iS) COM NAN WD WS WY 22 24 26 28 s8 (2) 8 s9 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 (c) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out the information that— (i) the Commonwealth Act, part 2-8, division 25 requires to be set out in the Commonwealth Minister's report under that division relating to the year ending on that 30 June; and (ii) can be derived from the authority's records. A report under subsection (1)(c) must include a statement of the total expenditure, including expenditure of a capital nature, incurred by the eligible authority in connection with the execution of warrants during the year to which the report relates. Documents to be given by State Minister to The Minister must give the Commonwealth Minister— (a) acopy of a warrant issued to an eligible authority; or (b) acopy of an instrument revoking a warrant issued to an eligible authority; or (c) areport of a type mentioned in section 7(1)(b) or (c); as soon as practicable after a copy of the warrant, instrument or report is given to the Minister. Keeping and destruction of restricted records The chief officer of an eligible authority must cause a restricted record in the possession of the authority to be kept, except when it is being otherwise dealt with under the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled Commonwealth Minister(1) to deal with it. Commonwealth Act, part 2-8 (Reports about interceptions under parts 2-3 and 2-5), division 2 (Reports by the Minister) Co OW ANIDNH WNKE WNrRO om AD Wns 22 252729 s10 9 sl1l1 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 (2) Subsection (1) applies whether the restricted record was made before or after the commencement of the Commonwealth Act, section 35.° (3) The chief officer of an eligible authority must cause a restricted record of a type mentioned in subsection (1) to be destroyed immediately if the chief officer is satisfied the restricted record is not likely to be required for a permitted purpose in relation to the authority, other than a purpose connected with an inspection of the type mentioned in section 11 or with a report on that type of inspection. Part 3 Functions and powers of principal inspector 10 General functions and powers The principal inspector— (a) may inspect an eligible authority's records to ascertain the extent of compliance by the authority's officers with part 2; and (b) must report to the Minister about the results of the inspections; and (c) may do anything necessary or convenient for the performance of the functions mentioned in paragraphs (a) and (b). 11 Regular inspections of an eligible authority's records (1) The principal inspector must inspect an eligible authority's records at least once before the end of the financial year in which the eligible authority is declared to be an agency under the Commonwealth Act to ascertain the extent to which the 6 Commonwealth Act, section 35 (Preconditions for declaration) FOmANADAMNH WNK So Om ANN FW 22 2527 s12 (2) (3) 10 s12 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 authority's officers have complied with sections 5, 6 and 9 since the commencement of this Act. After the financial year mentioned in subsection (1), the principal inspector must inspect an eligible authority's records at least twice during each financial year to ascertain the extent to which the authority's officers have complied with sections 5, 6 and 9 since the last inspection under this part of the authority's records. The principal inspector may at any time inspect the eligible authority's records to ascertain the extent to which the authority's officers have complied with sections 5, 6 and 9 during any period. Reports d) (2) (3) (4) The principal inspector, as soon as practicable, and in any event within 3 months after the end of each financial year, must report to the Minister in writing, in relation to an eligible authority, about the results of the inspection under section 11(1) of the authority's records. The principal inspector must include in each report under subsection (1) in relation to a financial year— (a) asummary of the inspections conducted in the financial year under section 11; and (b) _ particulars of any deficiencies identified that impact on the integrity of the telecommunications interception regime established by the Commonwealth Act; and (c) particulars of the remedial action, if any, taken or proposed to be taken to address those deficiencies. The principal inspector may report to the Minister in writing at any time about the results of an inspection under this part and must do so if requested by the Minister. The principal inspector must give a copy of a report under subsection (1) or (2) to the chief officer of the eligible authority. 0 OAIADNHW Ne NRO NX CO OADNMHA W 22 2427 2932 s13 11 s15 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 13 Principal inspector may report on other breaches If, because of an inspection under this part of an eligible authority's records, the principal inspector considers that an officer of the authority has contravened the Commonwealth Act or section 5, 6 or 9 of this Act, the principal inspector may include a report on the contravention in the report on the inspection. 14 Principal inspector's general powers for inspections d) (2) For an inspection under this part of an eligible authority's records, the principal inspector— (a) may, after notifying the chief officer of the authority, enter premises occupied by the authority at any reasonable time; and (b) is entitled to have full and free access at all reasonable times to all records of the authority; and (c) despite any other law, may make copies of, and take extracts from, records of the authority; and (d) may require an officer of the authority to give the principal inspector the information the principal inspector considers necessary, being information that is in the officer's possession, or to which the officer has access, and that is relevant to the inspection. The chief officer of the eligible authority must ensure that the authority's officers give the principal inspector the help in connection with the performance of the principal inspector's functions under this part the principal inspector reasonably requires. 15 Power to obtain relevant information d) (2) If the principal inspector has reason to believe that an officer of an eligible authority is able to give information relevant to an inspection under this part of the authority's records, subsections (3) and (4) have effect. If the principal inspector has reason to believe that an officer of the eligible authority is able to give information relevant to ADNAHRWN \o ow iS) COM AND US WNF CO NW Noe NWNONNNW AUDNHW 3032 34 s16 12 s16 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 an inspection under this part of the authority's records but does not know the officer's identity, subsection (5) has effect. (3) The principal inspector may, by notice given to the officer, require the officer to give the information to the principal inspector— (a) by writing signed by the officer; and (b) at astated place and within a stated period. (4) The principal inspector may, by notice given to the officer, require the officer to attend— (a) before a stated inspecting officer; and (b) atastated place; and (c) within a stated period or at a stated time on a stated day; to answer questions relevant to the inspection. (5) The principal inspector may, by notice given to the chief officer of the authority, require the chief officer, or a person nominated by the chief officer, to attend— (a) before a stated inspecting officer; and (b) atastated place; and (c) within a stated period or at a stated time on a stated day; to answer questions relevant to the inspection. (6) The place, the period or the time and day, stated in a requirement under this section must be reasonable, having regard to the circumstances in which the requirement is made. Principal inspector to be given information and access despite other laws (1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this part, on the ground that giving the information, answering the question, or giving access to the document— (a) would contravene a law; or (b) would be contrary to the public interest; or Com AD NSFW NE oO mMmrANI DAN WN KF CO iS) Oo NNW WNre 25 272932 s17 (2) (3) (4) 13 s17 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 (c) might tend to incriminate the person or make the person liable to a penalty. However— (a) the information, the answer, or the fact that the person has given access to the document; and (b) any information or thing, including a document, obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document; is not admissible in evidence against the person other than in a prosecution for an offence against section 24. Nothing in any other law prevents an officer of an eligible authority from— (a) giving information to an inspecting officer, whether orally or in writing and whether or not in answer to a question; or (b) giving an inspecting officer access to a record of the authority; for an inspection under this part of the authority's records. Nothing in any other law prevents an officer of an eligible authority from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (3). Dealing with information for purposes of inspection and report d) This section applies if— (a) information is given to an inspecting officer, as permitted by section 16(3) or this section, for an inspection, or for a report on an inspection, under this part of an eligible authority's records; or (b) an inspecting officer obtains information because of being given access to a record of the eligible authority, as permitted by section 16(3), for an inspection under this part of an authority's records. CAND NHK W NE CN ANF WN KO \o NNNWW WNrRO 25 2830 3234 s18 14 s 20 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 (2) The inspecting officer may, despite any other law, give to another inspecting officer, make use of, or make a record of, the information for an inspection, or for a report on an inspection, under this part of the authority's records. Inspecting officer not to be sued Subject to section 20, an inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith and without negligence in the performance or exercise, or the purported performance or exercise, of a function conferred by this part. Delegation by principal inspector (1) The principal inspector may delegate to an appropriately qualified inspecting officer any of the principal inspector's powers under this Act, other than a power to report to the Minister. (2) A delegate must, if asked by a person affected by the exercise of a power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for the person's inspection. (3) In this section— appropriately qualified includes having the qualifications, experience or standing necessary to exercise the power. Example of standing— The level at which an inspecting officer is employed. Confidentiality provisions relating to inspecting officer (1) Anything that a person has done or omitted to do in the capacity of inspecting officer under this part is not to be included in a report made under an Act by the person in his or her capacity as the public interest monitor or as the holder of an office under another Act. BRWNF COMDANID UN SOM ANABW WV NY WY — NN WN aw) nan 2830 s21 (2) (3) (4) (5) 15 s21 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Subject to section 16, a person must not record or disclose information that was obtained by anyone under a warrant and that came to the person's knowledge because the person is or was an inspecting officer. Maximum penalty—100 penalty units or 2 _ years imprisonment. Subsection (2) does not— (a) prevent the principal inspector from disclosing in a report under section 12 or 13 matters that the principal inspector considers ought to be disclosed for the purpose of stating the grounds for the conclusions and recommendations in the report; or (b) otherwise prevent a person from recording or disclosing information for the discharge of his or her functions under this Act. A person is not compellable in any proceeding to disclose information that was obtained by anyone under a warrant and that came to the person's knowledge because the person is or was an inspecting officer. If— (a) subsection (2) or (4) applies to information within a person's knowledge; and (b) the information also came to the person's knowledge because the person is or was engaged in the administration of another Act; the subsection applies despite provisions of the other Act that may allow the person to record, disclose or in a proceeding be compelled to disclose, the information. Exchange of information between principal inspector and Commonwealth ombudsman d) The principal inspector may give to the Commonwealth ombudsman information that— (a) relates to a Commonwealth agency; and (b) was obtained by the principal inspector under this Act. Com IA DN FWNeKE CAND NASW NK O iS) Oo NW Noe NNN On B&W NNW ona 30 32 34 s 22 (2) (3) Part 4 16 s 23 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 The principal inspector may give information to the Commonwealth ombudsman under subsection (1) only if the principal inspector is satisfied the giving of the information is necessary to enable the ombudsman to perform the ombudsman's functions in relation to the Commonwealth agency. The principal inspector may receive from the Commonwealth ombudsman information relevant to the performance of the principal inspector's functions under this Act. Miscellaneous 22 Copies of reports for Commonwealth Minister As soon as practicable after a report is given to the Minister under section 12, the Minister must give the Commonwealth Minister a copy of the report. 23 General confidentiality provision d) (2) A person who is or was engaged in the administration of this Act must not disclose any information or record obtained by the person because he or she is or was engaged in the administration of this Act, unless the disclosure is made— (a) under the Commonwealth Act; or (b) for a proceeding under— (i) the Commissions of Inquiry Act 1950; or (ii) the Crime and Misconduct Act 2001; or (c) for the discharge of the person's functions under this Act. Maximum penalty—100 penalty units or 2 _ years imprisonment. Subsection (1) does not apply to a disclosure of information or a record by a person who is or was an inspecting officer. CAN DANHKWNKE BRWN COmMDINID MN 2123 25 27 29 s24 (3) 17 s 25 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Note— Disclosure by a person who is or was an inspecting officer is dealt with under section 20. Also, subsection (1) applies despite the provisions of another Act that may allow a person to disclose the information or a record obtained by the person because he or she is or was engaged in the administration of the other Act. 24 Offences relating to inspections under pt 3 d) (2) (3) A person must not, without reasonable excuse, refuse or fail— (a) to attend before a person; or (b) _ to give information; or (c) to answer a question; when required to do so under section 15. Maximum penalty—20 penalty units or 6 months imprisonment. A person must not— (a) without reasonable excuse, wilfully obstruct a person in connection with the exercise of the principal inspector's functions under part 3; or (b) give an inspecting officer, in connection with an inspection under part 3, information or a statement that the person knows to be false or misleading in a material particular. Maximum penalty—20 penalty units or 6 months imprisonment. A complaint for an offence against subsection (2)(b) may state that information or a statement was 'false or misleading', without stating which. 25 Proceeding for offence d) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886. ADWNH WN oo CAN DNF WN KF CO NNNWW WNrRO Nw ns NNW ona 31 s 26 18 s27 Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 (2) A proceeding may be started within— (a) 1 year after the offence is committed; or (b) 1 year after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed. 26 Regulation-making power The Governor in Council may make regulations under this Act. 27 Attachment (1) An attachment containing provisions of the Commonwealth Act referred to in definitions in this Act is attached to this Act. (2) The attachment is not part of this Act. (3) The attachment must be revised so that it is an accurate copy of the provisions as amended from time to time. (4) The revision under subsection (3) must happen in the first reprint of this Act after an amendment of a provision contained in the attachment. (5) The accompanying notes in the attachment may also be revised. MABW NY on a om ADDN PW NY KO Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Schedule Dictionary section 4 agency means— (a) the Australian Crime Commission; or (b) the Australian Federal Police; or (c) the Crime and Misconduct Commission; or (d) the Queensland Police Service; or (e) any of the following for which a declaration under the Commonwealth Act, section 347 is in force— (i) _ the police force or service of another State; (ii) an authority of the State or another State. certifying officer, for an eligible authority, means— (a) for the Queensland Police Service— (i) _ the police commissioner; or (ii) a person holding rank under the Police Service Administration Act 1990 as deputy commissioner of the police service; or (b) for the Crime and Misconduct Commission—a commissioner. chief officer, of an eligible authority, means— (a) for the Queensland Police Service—the police commissioner; or (b) for the Crime and Misconduct Commission—the chairperson of the commission. Commonwealth Act means the Telecommunications (Interception and Access) Act 1979. Commonwealth Act, section 34 (Declaration of an eligible authority of a State as an agency) omni Dn fF WwW Com ADDN FP wWNYN KF CO iS) Oo NW Noe NN BW NN nun Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Schedule (continued) Commonwealth Minister means the Minister administering the Commonwealth Act. deputy public interest monitor means a deputy public interest monitor under— (a) the Police Powers and Responsibilities Act 2000; or (b) | the Crime and Misconduct Act 2001. eligible authority means— (a) the Crime and Misconduct Commission; or (b) | the Queensland Police Service. inspecting officer means the public interest monitor or a deputy public interest monitor. lawfully intercepted information see the Commonwealth Act, section 6E.8 notice means written notice. obstruct includes the following— (a) hinder or resist; (b) attempt to obstruct. officer, of an eligible authority, means— (a) for the Crime and Misconduct Commission—a commission officer or an employee of the commission; or (b) for the Queensland Police Service—a police officer. part 2-5 warrant means a warrant issued or to be issued under the Commonwealth Act, part 2-5.° permitted purpose, for an eligible authority, see the Commonwealth Act, section 5.!° See the attachment, item |. Commonwealth Act, part 2-5 (Warrants authorising agencies to intercept telecommunications) See the attachment, items 2 to 5. Co mrnNn nN nN BPW NK orntinan & WN KO Nw ro) N N NN BW NN nn Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Schedule (continued) police commissioner means the commissioner of the police service under the Police Service Administration Act 1990. possession includes the following— (a) custody; (b) control. premises includes the following— (a) land; (b) a structure, building, aircraft, vehicle, vessel or place, whether built or not; (c) part of a structure, building, aircraft, vehicle, vessel or place, whether built or not. principal inspector means the public interest monitor. public interest monitor means the public interest monitor under— (a) the Police Powers and Responsibilities Act 2000; or (b) the Crime and Misconduct Commission Act 2001. restricted record see the Commonwealth Act, section 5.!! warrant means a warrant issued under the Commonwealth Act. See the attachment, item 6. Com AI DUN FW Ne om A DN FW NY KO Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment Extracts from the Commonwealth Act section 27 1 Commonwealth Act, section 6E— '6E —_ Lawfully intercepted information '(D) (2) Subject to subsection (2), a reference in this Act to lawfully intercepted information is a reference to information obtained (whether before or after the commencement of this section) by intercepting, otherwise than in contravention of subsection 7(1), a communication passing over a telecommunications system. A reference in this Act to lawfully intercepted information that was originally obtained by an agency, or by an eligible authority of a State, is a reference to: (a) information obtained, whether before or after the commencement of this section, by intercepting a communication under a warrant issued to the agency or authority; or (b) information communicated to the agency or authority in accordance with section 65A.'. Notes— 1 The reference to subsection 7(1) is a reference to the provision in the Commonwealth Act that generally prohibits interception of telecommunications. 2 Section 65A of the Commonwealth Act authorises an employee of a carrier to communicate particular information to an officer of an agency for a purpose or purposes connected with an investigation by the agency of a serious offence. 2 Commonwealth Act, section 5 (Interpretation), definition permitted purpose— 'permitted purpose, in relation to an interception agency, an eligible Commonwealth authority or an eligible authority of a State, means a purpose connected with: COMDND NF iS) SCO OAANDN PWN FO N — NNN BRWN NNYKYN CrAIDANN 30 32 Terrorism, Organised Crime and Anti-Corruption (a) Surveillance Bill 2007 Attachment (continued) in any case: (i) (ii) (iii) (iv) (v) an investigation by the agency or eligible authority of a prescribed offence; the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the agency or eligible authority; a relevant proceeding in relation to the agency or eligible authority; the exercise by the chief officer of the agency or eligible authority of the powers conferred by section 68; or the keeping of records by the agency under Part 2-7, or by the eligible authority under provisions of a law of the State that impose on the chief officer of the authority requirements corresponding to those imposed on the chief officer of a Commonwealth agency by sections 80 and 81; or (aa) in the case of the ACC: (b) (i) (ii) an ACC operation/investigation; or a report to the Board of the ACC on the outcome of such an operation or investigation; in the case of the Australian Federal Police: (i) (ii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, being an investigation or inquiry under a law of the Commonwealth or by a person in the person's capacity as an officer of the Commonwealth; a report on such an investigation or inquiry; (iia) the making by a person of a decision under the Australian Federal Police Act 1979 in relation to the engagement of an AFP employee, the retirement of an AFP employee or the termination COA ADNH WN 0 OAIADNBHW NK O NX So NW NOR N w NwWnnvwnwn OMAADNA ww So WWWwW BRWNF Terrorism, Organised Crime and Anti-Corruption (iib) (iii) (iv) Surveillance Bill 2007 Attachment (continued) of the employment of an AFP employee or in relation to the appointment or the termination of the appointment of a special member of the Australian Federal Police; a review (whether by way of appeal or otherwise) of such a decision; the tendering to the Governor-General of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or deliberations of the Executive Council in connection with advice to the Governor-General to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; (baa) in the case of the Australian Commission for Law Enforcement Integrity: (i) (ii) a corruption investigation (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or a report on such an investigation; or (ba) in the case of an eligible Commonwealth authority: (i) (ii) an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or a report on such an investigation; (c) in the case of the Police Force of a State: (i) (ii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of that State, being an investigation or inquiry under a law of that State or by a person in the person's capacity as an officer of that State; a report on such an investigation or inquiry; COAN DUN BWNKR COM AD NAPWNKY CO Nw WY oe NNN On & W& NY W& nN a WWwWNNY Nr OW Mw w w Terrorism, Organised Crime and Anti-Corruption (d) (da) (db) (iia) (iib) (iii) (iv) Surveillance Bill 2007 Attachment (continued) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of that Police Force; a review (whether by way of appeal or otherwise) of such a decision; the tendering to the Governor of that State of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or deliberations of the Executive Council of that State in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or in the case of an eligible authority of a State: (i) (ii) an inspection of the authority's records that is made under a requirement of the law of that State, being a requirement of the kind referred to in paragraph 35(1)(h); or a report on such an inspection; or in the case of the Independent Commission Against Corruption: (i) (ii) an investigation under the Independent Commission Against Corruption Act into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or a report on such an investigation; or in the case of the Inspector of the Independent Commission Against Corruption: (i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other COA AD NHWNKE NX COMA AN ANSWNY KO NN oe NN BW Nwnnw OWMDADMN ww So WwW NOR WwW RW Terrorism, Organised Crime and Anti-Corruption (de) (e) (f) Surveillance Bill 2007 Attachment (continued) forms of misconduct (within the meaning of the Independent Commission Against Corruption Act) on the part of the Independent Commission Against Corruption or officers of that Commission; or (i) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act) by the Independent Commission Against Corruption or officers of that Commission; or in the case of the Inspector of the Police Integrity Commission—dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Police Integrity Commission Act) on the part of the Police Integrity Commission or officers of that Commission; or in the case of the Police Integrity Commission: (i) an investigation under the Police Integrity Commission Act of police misconduct of an officer of the New South Wales Police Service; or (ii) areport on such an investigation; or (iii) the tendering to the Governor of New South Wales of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Service; or (iv) deliberations of the Executive Council of New South Wales in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, — the appointment of the Commissioner of the New South Wales Police Service; or in the case of the Office of Police Integrity: COAANAD NHWNE AIADNMNHPWN YO \o NNW NRO N w NNNYNW ONAWKL WWWWWN BRWNrF OO ww nN Terrorism, Organised Crime and Anti-Corruption (g) (ga) (h) Surveillance Bill 2007 Attachment (continued) (i) an investigation by the Director, Police Integrity under the Police Regulation Act into the conduct of a member of the force (within the meaning of that Act); or (ii) an investigation by the Director, Police Integrity under the Police Regulation Act or the Whistleblowers Protection Act into serious misconduct (within the meaning of the Police Regulation Act); or (iii) a report on an_ investigation covered by subparagraph (i) or (ii); or in the case of the Corruption and Crime Commission: (i) an investigation under the Corruption and Crime Commission Act into whether misconduct (within the meaning of that Act) has or may have occurred, is or may be occurring, is or may be about to occur, or is likely to occur; or (ii) areport of such an investigation; or in the case of the Crime and Misconduct Commission: (i) an investigation under the Crime and Misconduct Act into whether misconduct (within the meaning of that Act) may have occurred, may be occurring, or may be about to occur; or (ii) areport on such an investigation; or in the case of the Parliamentary Inspector of the Corruption and Crime Commission—dealing with a matter of misconduct (within the meaning of the Corruption and Crime Commission Act) on the part of the Corruption and Crime Commission, an officer of the Corruption and Crime Commission or an officer of the Parliamentary Inspector of the Corruption and Crime Commission.'. Notes— A prescribed offence is an offence defined under the provisions of the Commonwealth Act set out in items 3 to 6. OANDN BPWNK eCrANDMBW NY KO \o NNNWW WNrRO N BG WWWNNNNN NR OWOANDN w w Wo ns Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) Section 68 of the Commonwealth Act authorises the chief officer of an agency to provide information to other agencies. The reference to subsections 80(2), 81(2) and 81(3) is a reference to the provisions of the Commonwealth Act that correspond to sections 5 and 6 of the Queensland Act. The reference to paragraph 35(1)(h) is a reference to a provision of the Commonwealth Act that requires, for a declaration that an agency of the State is an eligible authority for the purposes of the Commonwealth Act, regular inspections under laws of the State of the type prescribed by part 3 of the Queensland Act. Commonwealth Act, section 5 (Interpretation), definition prescribed offence— 'prescribed offence means: (a) (b) (ba) (c) (d) (e) a serious offence, or an offence that was a serious offence when the offence was committed; an offence against subsection 7(1) or section 63; an offence against subsection 108(1) or section 133; or an offence against a provision of Part 10.6 of the Criminal Code; any other offence punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or an ancillary offence relating to an offence of a kind referred to in paragraph (a), (b), (c) or (d) of this definition.'. Notes— The reference to subsection 7(1) is a reference to the provision of the Commonwealth Act that generally prohibits interception of telecommunications. Section 63 of the Commonwealth Act prohibits disclosure of information obtained under the Act. OMAN NBW Ne So Com AI DNF W NYE Nw ro NNN BRWN N n NNW oN why ow '65D Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) Commonwealth Act, section 5D— Serious offences 'General types of serious offences '(1)_ An offence is a serious offence if it is: (a) (b) (c) (d) (e) (e) a murder, or an offence of a kind equivalent to murder; or a kidnapping, or an offence of a kind equivalent to kidnapping; or an offence against Division 307 of the Criminal Code; or an offence constituted by conduct involving an act or acts of terrorism; or an offence against Division 72, 101, 102 or 103 of the Criminal Code; or except for the purposes of an application for a warrant by an agency other than the ACC, an offence in relation to which the ACC is conducting a special investigation. '(2) An offence is a serious offence if: (a) (b) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and the particular conduct constituting the offence involved, involves or would involve, as the case requires: (i) loss of a person's life or serious risk of loss of a person's life; or (ii) serious personal injury or serious risk of serious personal injury; or (iii) serious damage to property in circumstances endangering the safety of a person; or (itia) serious arson; or (iv) trafficking in prescribed substances; or (v) serious fraud; or © ON DAN FF WN eCorAINMNM FW NF CO NX ow NW NOR NN BW NN nn NN on WwW WwW NY -e Oo 0 "(2A) '3) Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) (vi) serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or (vii) bribery or corruption of, or by: (A) an officer of the Commonwealth; or (B) an officer of a State; or (C) an officer of a Territory; or (viii) the production, publication, possession, supply or sale of, or other dealing in, child pornography; or (ix) consenting to or procuring the employment of a child, or employing a child, in connection with child pornography. 'Telecommunications offences Without limiting subsection (2), an offence is also a serious offence if it is an offence against section 474.19, 474.20, 474.22, 474.23, 474.26 or 474.27 of the Criminal Code. 'Offences involving planning and organisation An offence is also a serious offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence: (a) involves 2 or more offenders and substantial planning and organisation; and (b) involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and (c) is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and (d) consists of, or involves, any of the following: (i) theft; (ii) handling of stolen goods; (iii) tax evasion; (iv) currency violations; COON DUN FW Ne CAN HD NSW NY KO Nw ro NN Wh NNN oe Ww WNY NN re oO WON GA) (4) Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) (v) extortion; (vi) bribery or corruption of, or by: (A) an officer of the Commonwealth; or (B) an officer of a State; or (C) an officer of a Territory; (vii) bankruptcy violations; (viii) company violations; (ix) harbouring criminals; (x) dealings in firearms or armaments; (xi) a sexual offence against a person who is under 16 (including an offence against Part IIIA of the Crimes Act 1914); (xii) an immigration offence. 'Offences relating to people smuggling with exploitation, slavery, sexual servitude, and deceptive recruiting An offence is also a serious offence if it is an offence against: (a) section 73.1, 73.2, 73.3, 73.8, 73.9, 73.10 or 73.11; or (b) section 270.3, 270.6, 270.7 or 270.8; or (c) section 271.2, 271.3, 271.4, 271.5, 271.6 or 271.7 of the Criminal Code. "Money laundering offences etc. An offence is also a serious offence if it is an offence against any of the following provisions: (a) Part 10.2 of the Criminal Code (other than section 400.9); (aa) section 135.3 of the Criminal Code; (b) Division 1A of Part IV of the Crimes Act 1900 of New South Wales; (c) section 122 of the Confiscation Act 1997 of Victoria; Co mrNI NN FW NY Co mMWmrANI DNF W NRO NY WwW re Oo NN Wh Nw ns N fom NN aon N \o (5) "(SA) (6) Terrorism, Organised Crime and Anti-Corruption (d) (e) (f) (g) (h) Surveillance Bill 2007 Attachment (continued) section 64 of the Crimes (Confiscation of Profits) Act 1989 of Queensland; section 563A of The Criminal Code of Western Australia; section 10b of the Crimes (Confiscation of Profits) Act 1986 of South Australia; section 67 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; section 74 of the Proceeds of Crime Act 1991 of the Australian Capital Territory. "Cybercrime offences etc. An offence is also a serious offence if it is an offence against any of the following provisions: (a) (b) (c) (d) (e) (f) Part 10.7 of the Criminal Code; section 308C, 308D, 308E, 308F, 308G, 308H or 3081 of the Crimes Act 1900 of New South Wales; section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria; a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c); a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c); section 440A of The Criminal Code of Western Australia. 'Serious drug offences An offence is also a serious offence if it is an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2). 'Offences connected with other serious offences An offence is also a serious offence if it is an offence constituted by: 0 ON DAN FW NK er AN fF WN KF OS Nw ro) NN Wh Nw ns N fom Nwuny 'oon ww So WW Noe D) (8) Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) (a) aiding, abetting, counselling or procuring — the commission of; or (b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of; or (c) conspiring to commit; an offence that is a serious offence under any of the preceding subsections. an offence is also a serious offence if it is an offence constituted by receiving or assisting a person who is, to the offender's knowledge, guilty of a serious offence mentioned in subsection (1) in order to enable the person to escape punishment or to dispose of the proceeds of the offence. An offence is also a serious offence if it is an offence against any of the following provisions: (a) section 131.1, 135.1, 142.1 or 142.2, subsection 148.2(3), or section 268.112 of the Criminal Code; (b) section 35, 36, 36A, 37, 39, 41, 42, 43, 46 or 47 of the Crimes Act 1914... Commonwealth Act, section 6L— Relevant proceeding '(D) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is, in the case of the Australian Federal Police or a Police Force of a State, a reference to: (a) a proceeding by way of a prosecution for a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; (b) a proceeding under a law of the Commonwealth, or of that State, as the case may be, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; C0 AND NSW NK COA AD NH WNK SO 21 2325 273032 Terrorism, Organised Crime and Anti-Corruption (c) (d) (e) (ea) (eb) (f) Surveillance Bill 2007 Attachment (continued) a proceeding for the taking of evidence as mentioned in paragraph 5B(1)(c), in so far as the proceeding relates to: (i) aprescribed offence; or (ii) a prescribed offence that is an offence against a law of that State; as the case may be; a proceeding for the extradition of a person as mentioned in paragraph S5B(1)(d), in so far as the proceeding relates to a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; a police disciplinary proceeding that is a proceeding against a member of the Australian Federal Police, or of that Police Force, as the case may be; or in the case of the Australian Federal Police: (i) a proceeding against an AFP employee in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the employment of the employee; or (ii) a proceeding against a special member of the Australian Federal Police in so far as_ the proceeding relates to a decision by the Commissioner of Police to terminate the appointment of the member; or in the case of a Police Force of a State—a proceeding against an officer or member of staff of that Police Force in so far as the proceeding relates to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, or of that State, as the case may be. Com A DN FF WNe NX SCOmMYI DA NPW NRO NWNNNW ABRWNR WNNNW COMNDN WW WW WwW MNBWNRE Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) '(2) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is: (a) (b) (ba) (c) in the case of the Australian Commission for Law Enforcement Integrity or the ACC—a reference to: (i) a proceeding by way of a prosecution for a prescribed offence to which a_ prescribed investigation relates or related; or (ii) a proceeding under a law of the Commonwealth or a State for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence to which a_ prescribed investigation relates or related; or in the case of the Crime Commission, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission—a reference to a proceeding by way of a prosecution for a prescribed offence: (i) that is an offence against the law of New South Wales; and (ii) to which a prescribed investigation relates or related; or in the case of the Office of Police Integrity—a reference to a proceeding by way of prosecution for a prescribed offence: (i) _ that is an offence against the law of Victoria; and (ii) to which a prescribed investigation relates or related; or in the case of the Crime and Misconduct Commission—a reference to: (i) a proceeding by way of a prosecution for a prescribed offence that is an offence against the Com ADDN PW NE NX SCOMIDUMNA WNr CO NW NOR NN BW Now AUDAN N oo wWhd ow WwW NOR WwW RW Terrorism, Organised Crime and Anti-Corruption Surveillance Bill 2007 Attachment (continued) law of Queensland and to which a prescribed investigation relates or related; or (ii) a proceeding under a law of Queensland for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or (d) in the case of the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission—a reference to a proceeding by way of a prosecution for a prescribed offence: (i) that is an offence against the law of Western Australia; and (ii) to which a prescribed investigation relates or related.'. Note— The references to proceedings mentioned in paragraphs 5B(1)(c) and (d) are references to extradition proceedings. Commonwealth Act, section 5 (Interpretation), definition restricted record— 'restricted record means a record other than a copy, that was obtained by means of an interception, whether or not in contravention of subsection 7(1), of a communication passing over a telecommunications system.'. Note— The reference to subsection 7(1) is a reference to the provision of the Commonwealth Act that generally prohibits interception of telecommunications. COAN ADANKW NK AD NUN BW NK CO 2123 26