Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 9   Telecommunications interception

Part 1   Amendments

Telecommunications (Interception and Access) Act 1979

32   After section 59A

Insert:

59B Notification to Ombudsman by Commonwealth agencies in relation to control order warrants

(1) Within 6 months after a control order warrant is issued in response to an application by a Commonwealth agency, the chief officer of the agency must:

(a) notify the Ombudsman that the warrant has been issued; and

(b) give to the Ombudsman a copy of the warrant.

(2) As soon as practicable after an officer of a Commonwealth agency contravenes any of the following conditions, restrictions or provisions, the chief officer of the agency must notify the Ombudsman of the contravention:

(a) a condition or restriction specified in a control order warrant under subsection 49(2);

(b) paragraph 57(1)(b), to the extent it applies to a control order warrant;

(c) subsection 63(1), to the extent it applies to lawfully intercepted information obtained under a control order warrant;

(d) subsection 63(2), to the extent it applies to interception warrant information that relates to a control order warrant;

(e) section 79, to the extent it applies to a restricted record obtained under a control order warrant;

(f) section 79AA;

(g) subsection 103B(4).

(3) A failure to comply with subsection (1) or (2) does not affect the validity of a control order warrant.