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

Schedule 9   Telecommunications interception

Part 1   Amendments

Telecommunications (Interception and Access) Act 1979

37   After section 79

Insert:

79AA Destruction of restricted records - information obtained before a control order came into force

(1) If:

(a) a restricted record is in the possession of an agency; and

(b) the restricted record relates to an interception authorised by a control order warrant; and

(c) the warrant was issued for the purpose, or for purposes that include the purpose, of obtaining information that would be likely to assist in connection with determining whether the relevant control order, or any succeeding control order, has been, or is being, complied with; and

(d) the interception occurred when the control order had been made, but had not come into force because it had not been served on the person to whom it relates; and

(e) the chief officer of the agency is satisfied that none of the information obtained by the interception is likely to assist in connection with:

(i) the protection of the public from a terrorist act; or

(ii) preventing the provision of support for, or the facilitation of, a terrorist act; or

(iii) preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;

the chief officer of the agency must cause the restricted record to be destroyed as soon as practicable.

(2) Section 6T does not apply to subsection (1) of this section.