Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (39 of 2015)

Schedule 1   Data retention

Part 2   Other amendments

Telecommunications (Interception and Access) Act 1979

6   At the end of subsection 6R(3)

Add "and all the enforcement agencies".

6A After section 6DB

Insert:

6DC Part 4-1 issuing authorities

(1) The Minister may, by writing, appoint as a Part 4-1 issuing authority:

(a) a person who is:

(i) a judge of a court created by the Parliament; or

(iii) a magistrate;

and in relation to whom a consent under subsection (2) is in force; or

(b) a person who:

(i) holds an appointment to the Administrative Appeals Tribunal as Deputy President, full-time senior member, part-time senior member or member; and

(ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and

(iii) has been enrolled for at least 5 years.

(2) A person who is:

(a) a judge of a court created by the Parliament; or

(b) a magistrate;

may, by writing, consent to be appointed by the Minister under subsection (1).

(3) A person's appointment ceases to have effect if:

(a) the person ceases to be a person whom the Minister could appoint under this section; or

(b) the Minister, by writing, revokes the appointment.

(4) A Part 4-1 issuing authority has, in relation to the performance or exercise of a function or power conferred on a Part 4-1 issuing authority by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.