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This is a Bill, not an Act. For current law, see the Acts databases.


TELECOMMUNICATIONS (INTERCEPTION) WESTERN AUSTRALIA AMENDMENT BILL 1999

                           Western Australia



                      LEGISLATIVE ASSEMBLY




      Telecommunications (Interception)
     Western Australia Amendment Bill 1999
                               A Bill for


An Act to amend the Telecommunications (Interception) Western
Australia Act 1996 and for related purposes.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Telecommunications (Interception)
        Western Australia Amendment Act 1999.




                                                                page 1


                                91--1
     Telecommunications (Interception) Western Australia Amendment Bill 1999


     s. 2




     2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       The Act amended
              Except as indicated in section 11, the amendments in this Act
 5            are to the Telecommunications (Interception) Western Australia
              Act 1996*.
              [* Act No. 44 of 1996.]

     4.       Long title amended
              The long title is amended by deleting "Police Force to be
10            declared an agency" and inserting instead --
              "
                   Anti-Corruption Commission and the Police Force
                   to be declared agencies
                                                                               ".

15   5.       Section 3 amended
              Section 3(1) is amended as follows:
                (a) in the definition of "agency", by inserting after
                     paragraph (b) the following paragraph --
                     " (ba) the Anti-Corruption Commission; ";
20             (b) after the definition of "agency", by inserting the
                     following definition --
              "
                   "Anti-Corruption Commission" means the
                      Anti-Corruption Commission established by
25                    section 5 of the Anti-Corruption Commission
                      Act 1988;
                                                                               ";


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     Telecommunications (Interception) Western Australia Amendment Bill 1999


                                                                              s. 5



                (c)    by deleting the definitions of "certifying officer" and
                       "chief officer" and inserting the following definitions
                       instead --
            "
 5                    "certifying officer" means --
                          (a) in relation to the Anti-Corruption
                                 Commission, a person appointed and holding
                                 office as a member of that Commission
                                 under section 5(3) of the Anti-Corruption
10                               Commission Act 1988; or
                          (b) in relation to the Police Force, the
                                 Commissioner of Police or a Deputy
                                 Commissioner of Police;
                      "chief officer" means --
15                        (a) in relation to the Anti-Corruption
                                 Commission, the person appointed and
                                 holding office as a member of that
                                 Commission under section 5(3)(a) of the
                                 Anti-Corruption Commission Act 1988; or
20                        (b) in relation to the Police Force, the
                                 Commissioner of Police;
                                                                                 ";
                (d)    in the definition of "eligible authority" after "means", by
                       inserting --
25                     " the Anti-Corruption Commission or ";
                (e)    by deleting the definition of "officer" and inserting the
                       following definition instead --
            "
                      "officer" means --
30                         (a) in relation to the Anti-Corruption
                                Commission, a person appointed under

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     Telecommunications (Interception) Western Australia Amendment Bill 1999


     s. 6



                                        section 6(1) of the Anti-Corruption
                                        Commission Act 1988; or
                                  (b)   in relation to the Police Force, a member of
                                        the Police Force;
 5                                                                                       ";
                        (f)    by inserting after the definition of "principal inspector"
                               the following definition --
                    "
                              "responsible Minister" means --
10                                (a) in relation to the Anti-Corruption
                                       Commission, the Attorney General; or
                                  (b) in relation to the Police Force, the Minister;
                                                                                         ".

     6.             Section 6 amended
15                  After section 6(2) the following subsection is inserted --
                "
                    (3)       Nothing in any other law prevents the chief officer of
                              an eligible authority from giving to the responsible
                              Minister anything the chief officer is required by this
20                            section to give to that Minister.
                                                                                         ".

     7.             Section 10 amended
          (1)       Section 10(1) is repealed.
          (2)       Section 10(2) is amended by deleting "beginning on or after
25                  1 July 1997".

     8.             Section 11 amended
                    Section 11(1) is repealed.


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      Telecommunications (Interception) Western Australia Amendment Bill 1999


                                                                                s. 9



     9.          Various amendments as to "eligible authority"
           (1)   The provisions mentioned in the Table to this subsection are
                 amended by deleting "the eligible authority" and inserting
                 instead --
 5               "   an eligible authority     ".
                                             Table
                 section 4                      section 11(2)
                 section 5(1)                   section 13(2)
                 section 5(2)                   section 14(1)
                 section 6(1)                   section 14(4)(a)
                 section 7(a)                   section 15(2)
                 section 8(1)                   section 15(3)
                 section 8(2)                   section 16(b)
           (2)   The provisions mentioned in the Table to this subsection are
                 amended by deleting "the eligible authority's" and inserting
                 instead --
10               "   an eligible authority's        ".
                                             Table
                 section 9(a)                   section 12
                 section 10(2)                  section 13(1)
                 section 10(3)                  section 16(a)

     10.         Various amendments as to "responsible Minister"
                 The provisions mentioned in the Table to this section are
                 amended by deleting "Minister" in each place where it occurs
15               (except in the expression "Commonwealth Minister") and
                 inserting instead --
                 "   responsible Minister      ".

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     Telecommunications (Interception) Western Australia Amendment Bill 1999


     s. 11



                                      Table
              section 6(1)               section 11(3) (in 2 places)
              section 7 (in 2 places)    section 11(4)
              section 9(b)               section 18(b)
              section 11(2)              section 21 (in 2 places)

     11.      Consequential amendment of Anti-Corruption Commission
              Act 1988
              After section 52(2)(b) of the Anti-Corruption Commission
 5            Act 1988* the following paragraph is inserted --
                  "
                      (ba)   for the purposes of compliance with the
                             Telecommunications (Interception) Western
                             Australia Act 1996;
10                                                                             ".
              [* Reprinted as at 1 November 1996.]




 


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