Senate

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

GENERAL OUTLINE

The Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024

1. The Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024 (the Bill) will amend the Crimes Act 1914, the Criminal Code Act 1995, the Proceeds of Crime Act 2002, the National Anti-Corruption Commission Act 2022, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

2. Each Schedule to the Bill deals with specific measures related to the abovementioned legislation. These measures are described in further detail below. Detailed notes on the clauses of the Bill are included at Attachment B .

Schedule 1 to the Bill - Seizing digital assets

3. Schedule 1 to the Bill would amend the Crimes Act 1914 (Crimes Act), the Proceeds of Crime Act 2002 (POCA) and the National Anti-Corruption Commission Act 2022 (NACC Act) to enhance the legal framework relating to the seizure of digital assets.

4. Law enforcement agencies have identified an increase in criminals' use of digital assets (including cryptocurrency) to facilitate their offending and as a means to hold and distribute the benefits derived from their offending. Investigations involving digital assets have been associated with a variety of crime types including the purchase of drugs, child exploitation material and firearms through dark web markets; ransomware and cyber related offences; and money laundering and financing of terrorist organisations.

5. The proposed amendments to the Crimes Act, the POCA and the NACC Act would expressly clarify that a warrant may authorise the seizure of digital assets and that an executing officer is able to access a person's digital wallet and transfer its contents as a means of 'seizing' the digital asset.

Schedule 2 to the Bill - Digital currency exchanges

6. Schedule 2 to the Bill would amend the POCA to ensure law enforcement authorities' current information gathering powers and freezing orders apply to digital currency exchanges.

7. The POCA provides law enforcement authorities with broad powers to monitor, freeze, restrain and forfeit proceeds and instruments of crime. The proposed amendments to the POCA would extend investigative and freezing powers that currently only apply to financial institutions to ensure they may also be exercised in relation to certain digital currency exchanges.

8. The amendments would ensure law enforcement can identify digital currencies associated with criminal offending and freeze the relevant accounts to prevent the dissipation of funds (and potential reinvestment in future criminal activity) before any restraint action can be taken under the POCA.

Schedule 3 to the Bill - Penalty unit

9. Schedule 3 to the Bill would amend the Crimes Act 1914 (Crimes Act) to increase the Commonwealth penalty unit amount from $313 to $330, with effect from 14 days after the Act receives the Royal Assent.

10. Penalty units are used to describe the amount payable for monetary penalties imposed for criminal offences in Commonwealth legislation and territory ordinances. The penalty unit mechanism allows for the maximum monetary penalty for all offences under Commonwealth law, including territory ordinances, to be automatically adjusted with a single amendment to section 4AA of the Crimes Act. This removes the need for multiple legislative amendments and ensures that monetary penalties in Commonwealth legislation and territory ordinances remain comparable.

11. The current penalty unit amount does not act as an effective deterrent for the most serious offending. Fines are the most common sentencing disposition imposed by courts in Commonwealth matters, occurring in 31% of sentencing matters in the 2021-22 financial year. In sentencing, it is open to the court to consider all the relevant circumstances, and impose an appropriate monetary penalty. The increase in penalty units does not curtail the court's discretion to impose what it deems to be an appropriate penalty, and does not compel the court to impose more severe financial penalties if they are not warranted.

12. The penalty unit increase reflects community expectations that courts have appropriate sanctions available to them when sentencing individuals and corporations. Other offences that attract financial penalties expressed in penalty units include serious Commonwealth criminal offences such as importation of drugs, people smuggling, theft or destruction of Commonwealth property, and social security fraud. Serious offences commonly include both a financial penalty and a term of imprisonment, expressed as maximums. A court may impose either, or a combination of these sanctions as appropriate.

13. Maintaining the value of the penalty unit over time ensures that financial penalties for Commonwealth offences reflect community expectations and continue to remain effective in deterring unlawful behaviour. The value of the penalty unit has increased five times by legislative amendment and twice by automatic indexation since it was first instituted in 1992, increasing from $100 to $313 (currently). These increases represent an increase of 213%, while average incomes have increased by 282% during the same period.

14. In 2015, the Crimes Act was amended to provide for the automatic Consumer Price Index adjustment of penalty units every three years. The three yearly indexation cycle will continue as usual, with the next indexation increase occurring on 1 July 2026, which is three years from the last automatic indexation.

Schedule 4 to the Bill - Communications Access Coordinator and Communications Security Coordinator

15. Schedule 4 to the Bill would amend the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Telecommunications Act 1997 (Telecommunications Act) to clarify the functions of the Communications Access Coordinator (CAC) in the Attorney-General's Department and create the position of Communications Security Coordinator (CSC) in the Department of Home Affairs.

16. The CAC's functions under the TIA Act and Telecommunications Act include matters relating to carriers and carriage service providers' interception capability and data retention obligations, and consideration of new carrier licence applications in consultation with the Australian Communications and Media Authority.

17. Under Part 14 of the Telecommunications Act, the CAC is also responsible for responding to notifications from service providers regarding proposed changes to their telecommunications services or systems which may be prejudicial to security. The Bill would establish the role of CSC in the Department of Home Affairs and transfer the functions under Part 14 of the Telecommunications Act to the CSC. The Bill does not propose any new functions, but rather aligns the performance of the existing functions under Part 14 of the Telecommunications Act with the responsibilities of the Attorney-General's Department and the Department of Home Affairs.

18. The amendments would also enable the Attorney-General and the Minister for Home Affairs to authorise officers of their respective departments to perform certain CAC and CSC functions as appropriate. The legislative instruments made by the Attorney-General and Minister for Home Affairs will be subject to review and may be disallowed.

Schedule 5 to the Bill - Information sharing between integrity agencies and oversight bodies

19. The Telecommunications (Interception and Access) Act 1979 (TIA Act) currently limits the ability for state and territory oversight bodies to receive interception warrant information and interception information from integrity agencies within their respective jurisdictions. State and territory oversight bodies oversee the operation of respective integrity bodies for allegations of corruption, misconduct, unreasonable delays or invasions of privacy.

20. Schedule 5 to the Bill would amend the TIA Act to enhance the ability of specific New South Wales, South Australian and Western Australian oversight bodies to receive intercepted information and interception warrant information under the TIA Act. The information sharing amendments apply to the:

•

Inspector of the Independent Commission Against Corruption (NSW);

•

Inspector of the Law Enforcement Conduct Commission (NSW);

•

Inspector of the Independent Commission Against Corruption (SA);

•

Parliamentary Inspector of the Corruption and Crime Commission (WA); and

•

Victorian Inspectorate.

21. Schedule 5 would also amend the TIA Act to include the South Australia Inspector of the Independent Commission Against Corruption as it absorbed the functions of the former reviewer of the Independent Commissioner Against Corruption in 2022.

22. The inclusion of the South Australia Inspector of the Independent Commission Against Corruption in the TIA Act specifies the entirety of its oversight functions to enable it to lawfully receive interception information and interception warrant information to scrutinise and audit the interception activities of the South Australia Independent Commission Against Corruption and ensure it complies with its obligations under the TIA Act.

23. Specifically, amendments to the TIA Act would:

•

specify the jurisdiction of each integrity agency and oversight body referred to in the TIA Act;

•

provide that the Inspector of the Independent Commission Against Corruption (SA) is an eligible authority under the TIA Act;

•

clarify the jurisdiction of each integrity agency and oversight body by repealing and replacing their definitions with their jurisdiction in the title;

•

expand the definition of 'permitted purpose' and/or 'prescribed investigation' under subsection 5(1) of the TIA Act to align with the definition within the oversight bodies' respective enabling legislation to accurately encompass their oversight functions;

•

expand the scope of purposes for which the integrity agencies and oversight bodies are able to share interception information and interception warrant information under section 68 of the TIA Act to include sharing for the purposes of their oversight functions; and

•

make other minor technical and consequential amendments

Schedule 6 - Unauthorised disclosure of information by current and former commonwealth officers etc. - sunsetting extension

24. Schedule 6 will amend the Criminal Code Act 1995 (Criminal Code) to extend the sunsetting date of section 122.4 (Unauthorised disclosure of information by current or former Commonwealth officers) by 18 months to 29 June 2026.

25. Section 122.4 creates an offence where: a person communicates information; the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; the person is under a duty not to disclose the information; and the duty arises under a law of the Commonwealth.

26. Section 122.4 was intended to be time-limited, to continue to apply criminal liability until these duties could be reviewed to determine whether each should be converted into a stand-alone specific secrecy offence or whether criminal liability should be removed. A comprehensive review of Commonwealth secrecy provisions, including the non-disclosure duties, was undertaken as a part of the Commonwealth Review of Secrecy Provisions (the Secrecy Review).

27. On 21 November 2023, the Government released the Final Report - Review of Secrecy Provisions, which made 11 recommendations to improve the operation of the Commonwealth's secrecy provisions, including section 122.4. The Final Report of the Secrecy Review identified that section 122.4 applied criminal liability to approximately 295 non-disclosure duties.

28. Subsequently, the Independent National Security Legislation Monitor's report Secrecy Offences - Review of Part 5.6 of the Criminal Code Act 1995 (the INSLM Review) was tabled in Parliament on 27 June 2024. The report also made 15 recommendations in relation to Commonwealth secrecy provisions, principally Part 5.6 (Secrecy) of the Criminal Code.

29. These amendments extend the sunsetting date of section 122.4 so that any reforms to Part 5.6 of the Criminal Code (including section 122.4) can collectively consider the recommendations of both the Secrecy Review and the INSLM Review.

Schedule 7 - Meaning of hors de combat

30. These amendments will also add a new Schedule 7 to the Bill, which will retrospectively amend the definition of hors de combat in the Dictionary of the Criminal Code to correct an anomaly in the current drafting and confirm consistency between Australian domestic law and international law, in line with Parliament's intention when Division 268 and the definition of hors de combat were introduced in 2002.

31. International humanitarian law prohibits as a war crime violence to life and person (including murder of all kinds, mutilation, torture and cruel treatment), taking of hostages, outrages upon personal dignity, and the sentencing or execution without due process of persons who are hors de combat ('out of the fight').

32. The definition of hors de combat in Article 41 of Additional Protocol I of the Geneva Conventions provides:

A person is 'hors de combat' if:

(a)

he is in the power of an adverse party;

(b)

he clearly expresses an intention to surrender; or

(c)

he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and does not attempt to escape [emphasis added].

33. By contrast, the definition in the Dictionary to the Criminal Code provides:

hors de combat : a person is hors de combat if:

(a)

the person is in the power of an adverse party; and

(b)

the person:

(i)

clearly expresses an intention to surrender; or

(ii)

has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and

(c)

the person abstains from any hostile act and does not attempt to escape [emphasis added].

34. The use of 'and' instead of 'or' after paragraph (a) in the Criminal Code definition is a drafting error that, if construed literally, could lead to illogical outcomes contrary to international law and Parliament's express intent when introducing these provisions in 2002. This amendment does not change the substance of the law.

35. The purpose of Division 268 is to give effect to Australia's obligations as a party to the Rome Statute of the International Criminal Court (the Rome Statute) by expressly codifying, in the Criminal Code, offences of genocide, crimes against humanity and war crimes, etc. equivalent to those punishable by the International Criminal Court (ICC). In doing so, it was Parliament's express intention that the jurisdiction of the ICC would be complementary to the jurisdiction of Australia, as stated in section 268.1 of the Criminal Code. In this way, Australia retains the right and power to prosecute any person accused of a crime under the Rome Statute in Australia rather than surrender that person for trial in the ICC.

36. In the Second Reading Speech for the International Criminal Court (Consequential Amendments) Act 2002 (ICC Consequential Amendments Act), which introduced Division 268 into the Criminal Code, the then Attorney-General, the Hon Daryl Williams KC AM MP stated that:

The main purpose of the International Criminal Court (Consequential Amendments) Bill 2002 is to create, as offences against the criminal law of Australia, each of the offences over which the International Criminal Court has jurisdiction - genocide, crimes against humanity and war crimes.

[It] is important that Australia enact laws specifically covering all of the crimes in the International Criminal Court statute so that we can take full advantage of the principle and protection of complementarity.

By enacting these crimes, Australia can be sure that we will be able to investigate and prosecute under Australian law persons accused of crimes within the jurisdiction of the International Criminal Court.

These offences apply regardless of whether the conduct occurred in Australia or not, and regardless of whether the person is an Australian citizen or not. In this way, Australia can never become a safe haven for the perpetrators of the most serious international crimes.

While these crimes cover the same acts as the International Criminal Court statute, they are part of Australia's criminal law and they have been defined according to the same principles, and with the same precision, as other Commonwealth criminal laws.^[1]

37. This intent is reiterated in the Explanatory Memorandum to the ICC Consequential Amendments Act, which states with respect to Division 268:

... it is Parliament's intent that the jurisdiction of the ICC is complementary to the jurisdiction of Australia ... By creating crimes in Australian law that mirror the crimes in the [Rome] Statute, Australia will always be able to prosecute a person accused of a crime under the [Rome] Statute in Australia rather than surrender that person for trial in the ICC.^[2]

38. Consistent with Parliament's intent, the Australian Defence Force provides substantive training and carries out activities on the basis of the international law definition of hors de combat. This amendment is consistent with the Australian Defence Force's doctrine, policy and training packages.

39. The provisions under Division 268 to which the definition of hors de combat applies and will be impacted by the proposed amendment are:

•

Killing or injuring a person who is hors de combat (section 268.40)

•

Using protected persons as shields (section 268.65)

•

Murder (section 268.70)

•

Mutilation (section 268.71)

•

Cruel treatment (section 268.72)

•

Torture (section 268.73)

•

Outrages upon personal dignity (section 268.74)

•

Taking hostages (section 268.75), and

•

Sentencing or execution without due process (section 268.76).

40. Australia takes accountability for war crimes seriously. Investigating and prosecuting conduct of this kind is critical to upholding Australia's obligations as a State Party to the Rome Statute.

FINANCIAL IMPACT

41. Schedule 3 would increase the revenue returned to the Consolidated Revenue Fund for pecuniary penalties imposed for the commission of Commonwealth criminal offences.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

42. A Statement of Compatibility with Human Rights has been completed in relation to the Bill. It has been assessed that the amendments are compatible with Australia's human rights obligations. A copy of the Statement of Compatibility with Human Rights is at Attachment A .

ATTACHMENT A STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024

1. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

2. The Bill would amend crimes-related legislation to update, improve and clarify the intended operation of key provisions in the Crimes Act 1914, the Criminal Code Act 1995 (Criminal Code), the Proceeds of Crime Act 2002, the National Anti-Corruption Commission Act 2022, the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Telecommunications Act 1997 (Telecommunications Act).

Schedule 1 - Seizing digital assets

3. Schedule 1 of the Bill amends the Crimes Act 1914 (Crimes Act) and the Proceeds of Crime Act 2002 (POCA) to ensure the powers available to law enforcement to seize digital assets under warrant reflect the operating environment.

Human rights implications

4. Schedule 1 to the Bill engages the following human rights:

•

the right to privacy in Article 17 of the ICCPR, and

•

the right to an effective remedy in Article 2(3) of the ICCPR.

The right to privacy

5. Article 17(1) of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

6. The use of the term 'arbitrary' means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the particular circumstances. The United Nations Human Rights Committee has interpreted 'reasonableness' to imply that any limitation must be proportionate and necessary in the circumstances.

7. A limitation on the right to privacy will be permissible under international human rights law where it addresses a legitimate objective, is rationally connected to that objective and is a reasonable and proportionate means of achieving that objective.

8. The seizing digital assets measure engages the right to privacy by enabling law enforcement agencies to conduct a search of a person, or to conduct a search at or in relation to a person's premises or conveyance, and seize a digital asset or a thing that suggests the existence of the digital asset identified in the course of those searches. The measure allows the executing officer to access the person's digital wallet to transfer the contents to a law enforcement digital wallet as a means of seizing the digital asset.

9. To the extent that the measure limits the right to privacy under Article 17 of the ICCPR, these limitations are not arbitrary, and are reasonable, necessary and proportionate to ensure law enforcement agencies are able to continue to effectively detect, disrupt and deter serious and organised crime.

10. For example, the executing officer needs to reasonably suspect that the seizure of the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence.

11. Furthermore, the Bill provides that safeguards in the existing legislation which govern the time periods law enforcement can retain things moved or seized under warrant will also apply to the digital asset seizure measure. This intends to balance criminal justice outcomes with the effects depriving a person of their property may have.

12. For that reason, the limitation on privacy is reasonable, proportionate and necessary to support law enforcement investigations, help prevent digital assets being used to facilitate criminal activity, and support the functioning of Australia's proceeds of crime regime where the digital assets represent illicit proceeds or tainted property.

The right to an effective remedy

13. Article 2(3) of the ICCPR provides that each State Party to the present Covenant undertakes:

•

to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

•

to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; and

•

to ensure that the competent authorities shall enforce such remedies when granted.

14. The seizing digital assets measure promotes the right to an effective remedy for any violation of rights and freedoms recognised by the ICCPR, including the right to have such a remedy determined by competent judicial, administrative or legislative authorities or by any other competent authority provided for by the legal system of the State.

15. Schedule 1 of this Bill amends paragraph 3M(1)(a) of the Crimes Act and paragraph 248(1)(a) of the POCA to provide that the Commonwealth must pay the owner of the equipment, or the user of the data or programs, reasonable compensation for damage caused to the equipment or data as a result of the equipment being operated under subsection 3FA(7) of the Crimes Act or subsection 228A(5) in the POCA. If the Commonwealth and the owner or user do not agree on the amount of compensation, the person may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

Schedule 2 - Digital currency exchanges

16. Schedule 2 to the Bill amends the Proceeds of Crime Act 2002 (POCA) to expand the definition of 'financial institution' to include digital currency exchanges.

17. These amendments will ensure that freezing orders, notices to financial institutions, and monitoring orders can be made in relation to accounts held with digital currency exchanges.

Human rights implications

18. Schedule 2 of this Bill engages the following human rights:

•

the right to privacy in Article 17 of the ICCPR

•

the right to an adequate standard of living, and highest attainable standard of health in Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The right to privacy

19. Article 17(1) of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

20. The use of the term 'arbitrary' means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the particular circumstances. The United Nations Human Rights Committee has interpreted 'reasonableness' to imply that any limitation must be proportionate and necessary in the circumstances.

21. A limitation on the right to privacy will be permissible under international human rights law where it addresses a legitimate objective, is rationally connected to that objective and is a reasonable and proportionate means of achieving that objective.

22. The digital currency exchanges measure engages the right to privacy because it may:

•

require a financial institution to disclose to law enforcement agencies a person's personal information related to an account held with a digital currency exchange (DCE), such as details of what accounts a person holds, details of transactions made from particular accounts for up to six months, and the current balance of the account, and

•

require a financial institution to disclose to law enforcement agencies details of transactions a person makes over a period set out in a monitoring order.

23. The expansion of the regime to include digital currency exchanges retains existing safeguards, including that:

•

these measures are subject to appropriate oversight which takes into account the need to preserve an individual's rights and interests

•

freezing orders and monitoring orders are subject to independent oversight, such that the relevant orders must be made by magistrates as a designated class of persons after considering whether the legislative requirements for making the order have been met, and

•

the orders only operate for a set period of time and need to be reviewed by a magistrate if they are to be extended. The types of orders that will be able to be sought under these measures initially operate in relation to:

o

freezing orders, a period of three working days

o

notices to financial institutions, six months in relation to the requirement to provide details about transactions on an account, and

o

monitoring orders, three months in relation to the requirement to provide ongoing information about transactions on an account.

24. Although the amendments will result in the collection and storage of personal information, Australian Public Service agencies (including law enforcement agencies) are required to comply with the Australian Privacy Principles which protects the unauthorised disclosure of personal information.

25. These capabilities will enhance law enforcement investigations by providing credible actionable intelligence and evidence, and prevent the dissipation of digital currency in circumstances where it could be used to facilitate criminal activity or where it could be considered the proceeds of crime.

26. To the extent that these measures limit the rights protected under Article 17 of the ICCPR, these limitations are not arbitrary, and are reasonable, necessary and proportionate to achieve the above legitimate law enforcement objectives.

The right to an adequate standard of living, and highest attainable standard of health

27. Article 11 of the ICESCR establishes the right to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

28. It commits States Parties to improve methods of production, conservation and distribution of food.

29. Article 12 of the ICESCR provides the right to the enjoyment of the highest attainable standard of physical and mental health, including the creation of conditions which would assure to all medical service and medical attention in the event of sickness.

30. The digital currency exchanges measure may limit these rights to the extent that the operation of the freezing order or the seizure of digital assets impacts a person's ability to use their assets to access relevant goods or services.

31. Current section 15Q(1) of POCA confers a magistrate with the power to vary a freezing order to enable a financial institution to allow a withdrawal from the account to meet the reasonable living expenses of the person, dependents of the person, business expenses of the person, or a specified debt incurred in good faith by the person.

32. Amendments in the Bill ensure that these provisions extend to accounts held with digital currency exchanges, so that freezing orders can be varied in relation to digital currency subject to a freezing order in relevant circumstances.

33. Consistent with existing search warrant provisions in the POCA and the Crimes Act, a person is not able to seek a variation when digital assets are seized during the execution of a search warrant under the POCA or Crimes Act amendments in the Bill. While this may limit a person's ability to use their digital assets to access relevant goods or services, these limitations are reasonable, necessary and proportionate as digital assets subject to a seizure warrant are unlikely to form the entirety of a person's income, and not commonly exchangeable for goods and services.

Schedule 3 - Penalty unit

34. Schedule 3 to the Bill would amend the Crimes Act to increase the value of the penalty unit for Commonwealth criminal offences from $313 to $330, indexed every three years to the Consumer Price Index.

35. The increase to the penalty unit value would only apply to offences committed on or after the date of commencement of the Schedule. The amendment to the value of the penalty unit will not affect current proceedings for Commonwealth offences.

Human rights implications

36. Schedule 3 to the Bill does not engage any of the applicable rights or freedoms.

37. Penalty units only apply where a person or company has committed a Commonwealth offence that has a civil or criminal penalty attached to it expressed in penalty units.

38. Increasing the value of a penalty unit will increase the maximum fine or financial penalty prescribed by legislation for a relevant offence. However, it does not alter the obligation on a sentencing judge to apply the most appropriate fine or financial penalty with due consideration to the circumstances.

Schedule 4 - Communications Access Coordinator and Communications Security Coordinator

39. The Bill would amend the TIA Act and the Telecommunications Act to establish the role of Communications Security Coordinator (CSC) in the Department of Home Affairs to perform functions under Part 14 of the Telecommunications Act, currently performed by the Communications Access Coordinator in the Attorney-General's Department.

Human rights implications

40. Schedule 4 of this Bill does not raise any human rights issues.

41. The Bill would amend how the functions of the CAC are specified, and establishes the new CSC who will perform the national security functions under Part 14 of the Telecommunications Act, currently performed by the CAC.

42. The Bill does not introduce any new powers or responsibilities. While some decision making and administrative functions will now be performed by the CSC, the material obligations and rights available for telecommunications carriers and carriage service providers will remain unchanged.

43. The Bill makes no changes to the ability of carriers and carriage service providers to apply to the Australian Communications Media Authority (ACMA) under section 187KA of the TIA Act for review of CAC decisions in relation to exemptions or variations to their data retention obligations. Further, the CAC will continue to be required to refer disputes with carriers over amendments to interception capability plans to the ACMA under subsection 198(5) of the TIA Act.

44. Similarly, carriers and nominated carriage service providers will continue to be able to make an application to the Administrative Appeals Tribunal under subsection 314A(5C) of the Telecommunications Act for a review of a decision made by the CSC to refuse an application to be exempt from the requirement to notify the CSC of changes to a telecommunications service or system under section 314A.

45. The Bill provides for greater clarity and accountability for CAC and CSC decisions by expressly enabling the specification of multiple persons or bodies as CACs and CSCs. This will be achieved through legislative instruments to be made by the Attorney-General and Minister for Home Affairs specifying the powers each of those persons or bodies may exercise. These legislative instruments will be subject to Parliamentary scrutiny and possible disallowance.

Schedule 5 - Information sharing between integrity agencies and oversight bodies

46. Schedule 5 to the Bill would amend the Telecommunications (Interception and Access) Act 1979 (TIA Act) to enhance the ability of the Inspector of the Independent Commission Against Corruption (NSW), the Inspector of the Law Enforcement Conduct Commission (NSW), the Inspector of the Independent Commission Against Corruption (SA), the Parliamentary Inspector of the Corruption and Crime Commission (WA) and the Victorian Inspectorate to receive intercepted information and interception warrant information under the TIA Act.

47. The amendments will enable these oversight bodies to properly scrutinise and audit interception activities and compliance with the TIA Act, and fulfil their statutory functions through access to interception information and interception warrant information.

Human rights implications

48. Schedule 5 of this Bill engages the following human rights:

•

the right to a fair trial and public hearing in Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR), and

•

the right to privacy in Article 17 of the ICCPR.

The right to a fair trial and public hearing

49. Article 14(1) of the ICCPR enshrines the right for all persons to be equal before courts and tribunals. This right is concerned with procedural fairness in that it recognises that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial court or tribunal established by law, and excluded from the media and public for reasons of national security.

50. The amendments relating to expanding the use and disclosure provisions in Schedule 5 to the Bill may engage the right to a fair and public hearing in Article 14(1) of the ICCPR as it relates to integrity agencies' use of their existing information-gathering powers for their statutory functions under the TIA Act. Information gathered by integrity agencies through use of their existing powers is able to be used for a range of purposes, including in the prosecution of criminal offences.

51. The proposed amendments will promote the right to a free and fair trial by providing greater scrutiny of integrity agencies' use of existing covert powers.

The right to privacy

52. The amendments relating to information-sharing in Schedule 5 to the Bill engage the protection against arbitrary or unlawful interference with privacy contained in Article 17 of the ICCPR. Article 17 of the ICCPR provides that no one shall be subjected to arbitrary of unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation, and that everyone has the right to the protection of the law against such interference or attacks.

53. The protection against arbitrary or unlawful interference with privacy under Article 17 of the ICCPR can be permissibly limited in order to achieve a legitimate objective and where the limitations are unlawful and not arbitrary. The term 'unlawful' in Article 17 of the ICCPR means that no interference can take place except as authorised under domestic law. Additionally, the term 'arbitrary' in Article 17(1) of the ICCPR means that any interference with privacy must be in accordance with the provisions, aims and objectives of the ICCPR and should be reasonable in the particular circumstances. The United Nations Human Rights Committee has interpreted 'reasonableness' to mean that any limitation must be proportionate and necessary in the circumstances.^[3]

54. The purpose of the amendments is to allow oversight bodies to receive and use interception information and interception warrant information for the purposes of carrying out their functions. This aims to protect and promote the rights and freedoms of individuals by ensuring agencies with significant and covert powers (including the power to access personal information) are using those powers appropriately.

55. These amendments will therefore ensure greater protections against arbitrary and unlawful interferences with privacy in Article 17 of the ICCPR.

56. Further, where these powers limit the protection against arbitrary or unlawful interference with privacy in Article 17 of the ICCPR because they authorise action which impinges on a person's privacy, family, home or correspondence through their information being shared, the limitation is reasonable, necessary and proportionate in achieving the legitimate objective of ensuring intrusive powers are used appropriately.

57. The amendments may impinge on a person's privacy in circumstances where personal information held by an integrity agency is shared with its oversight body for the proper audit and oversight of the integrity agency.

58. However, allowing oversight bodies to receive and use interception material will ultimately promote the protection of individuals rights as it will result in greater scrutiny about integrity agencies' use of intrusive powers.

59. The amendments also limit the permitted purposes for information sharing to those purposes which the oversight bodies require to be able to carry out their functions and fulfil their statutory obligations. This serves as a safeguard to the potential limitation of the protection against arbitrary or unlawful interference with privacy in Article 17 of the ICCPR.

Schedule 6 - Unauthorised disclosure of information by current and former commonwealth officers etc. - sunsetting extension

60. Schedule 6 will amend the Criminal Code to extend the sunsetting date of section 122.4 (Unauthorised disclosure of information by current or former Commonwealth officers) by 18 months to 29 June 2026.

61. Section 122.4 creates an offence where: a person communicates information; the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; the person is under a duty not to disclose the information; and the duty arises under a law of the Commonwealth.

62. Section 122.4 was intended to be time-limited, to continue to apply criminal liability until these duties could be reviewed to determine whether each should be converted into a stand-alone specific secrecy offence or whether criminal liability should be removed. A comprehensive review of Commonwealth secrecy provisions, including the non-disclosure duties, was undertaken as a part of the Commonwealth Review of Secrecy Provisions (the Secrecy Review).

63. On 21 November 2023, the Government released the Final Report - Review of Secrecy Provisions, which made 11 recommendations to improve the operation of the Commonwealth's secrecy provisions, including section 122.4. Subsequently, the Independent National Security Legislation Monitor's report Secrecy Offences - Review of Part 5.6 of the Criminal Code Act 1995 (the INSLM Review) was tabled in Parliament on 27 June 2024. The report also made 15 recommendations in relation to Commonwealth secrecy provisions, principally Part 5.6 (Secrecy) of the Criminal Code.

64. These amendments extend the sunsetting date of section 122.4 so that any reforms to Part 5.6 of the Criminal Code (including section 122.4) can collectively consider the recommendations of both the Secrecy Review and the INSLM Review.

Human rights implications

65. Schedule 6 of this Bill engages the right to freedom of expression in Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

Right to freedom of expression

66. Article 19 of the ICCPR provides that everyone shall have the right to freedom of expression, including the right to seek, receive, and impart information and ideas of all kinds. Article 19(3) provides that there may be limitations placed on the right to freedom of expression where these are provided by law and necessary for the respect of the rights or reputations of others, or for the protection of national security or of public order, or of public health or morals.

67. Extension of the sunsetting date would maintain current criminal liability for non-disclosure duties, which effectively prohibit a person communicating information which was made or obtained by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity.

68. Conduct involving communicating, disclosing, publishing or making available information clearly falls within the scope of the right to freedom of expression in so far as it involves the seeking, receiving or imparting of information and ideas. By criminalising these activities in certain circumstances, secrecy offences limit the right to freedom of expression.

69. However, section 122.4 does not criminalise the disclosure of any particular information in its own right. Section 122.4 makes it an offence for a Commonwealth officer or a person engaged to perform work for a Commonwealth entity to communicate information in breach of a duty arising elsewhere under the law of the Commonwealth. As such, section 122.4 does not establish a new limitation on the ability of such persons to communicate information.

70. This measure extends the sunset clause in subsection 122.4(3) for an additional 18 months. As such, this ensures that section 122.4 does not apply in relation to any communication of information that occurs after the specified period. The specified period is intended to preserve the operation of non-disclosure duties while the recommendations from the Secrecy Review and the INSLM Review are considered collectively, including any proposed legislative reform to section 122.4 and associated non-disclosure duties.

71. The availability of the general defences under Part 2.3 of the Criminal Code as well as the specific defences provided for in section 122.5 will further ensure that the application of secrecy offences is reasonable and proportionate to achieve their objective.

72. Accordingly, the measure to extend the sunsetting date of section 122.4 does not limit the right to freedom of expression in Article 19 of the ICCPR, except to the extent that it is reasonable, necessary and proportionate to achieving the legitimate objective of protecting information held by Commonwealth officers for a specified period.

Schedule 7 - Meaning of hors de combat

73. Schedule 7 to the Bill will retrospectively amend the definition of hors de combat in the Dictionary of the Criminal Code to confirm consistency between Australian domestic law and international law, in line with Parliament's intention when Division 268 and the definition of hors de combat were introduced.

Human rights implications

74. While this amendment may on its face appear to engage the prohibition on the retrospective operation of criminal laws in Article 15(1) of the International Covenant on Civil and Political Rights (ICCPR), it does not constitute a prohibited form of retrospective punishment or the imposition of a penalty for an offence beyond that which was applicable at the time the offence was committed.

75. The amendment does not change the substance of the law. The Australian Defence Force provides substantive training and carries out activities in accordance with the international law definition of hors de combat. This retrospective amendment is fully consistent with the Australian Defence Force's doctrine, policy and training packages.

76. Australia takes accountability for war crimes seriously. It is important to ensure our obligations as a State Party to the Rome Statute of the International Criminal Court continue to be upheld, and that our domestic legal framework is adequate to ensure perpetrators of war crimes are properly investigated and prosecuted. Investigating and prosecuting conduct of this kind is critical to upholding Australia's obligations as a State Party to the Rome Statute.

77. Due to the seriousness of the offences encapsulated by Division 268, section 268.121 provides that the Attorney-General's consent is required for any relevant prosecution to be brought under Division 268. This legislative requirement is intended to prevent any inappropriate prosecutions being commenced in Australia.

78. In addition, the determination of criminal liability under the relevant offences remains a matter for judicial consideration in the course of a prosecution.

Conclusion with respect to the measures included in this Bill

79. This Bill is compatible with human rights as the measures in Schedules 3 and 4 do not raise any human rights issues, and to the extent that measures in Schedules 1, 2, 5, 6 and 7 may limit human rights, those limitations are reasonable, necessary and proportionate, as described above.

ATTACHMENT B NOTES ON CLAUSES

Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024

Preliminary

Item 1 - Short title

1. This clause provides for the short title of the Act to be the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024.

Item 2 - Commencement

2. Item 2 of the Bill sets out the times at which the Act commences once passed by the Parliament.

3. Each provision of the Bill specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

4. Schedules 2, 4, 5 and 6 of the Act commence the day after it receives the Royal Assent. Schedule 1 commences 1 month after the Royal Assent. Schedule 3 commences on the 14th day after the Act receives the Royal Assent.

5. Schedule 7, Part 1 is to commence on 26 September 2002, consistent with when Division 268 commenced under the International Criminal Court (Consequential Amendments) Act 2002. Schedule 7, Part 2 is to commence the day after the Act receives the Royal Assent.

6. Subsection (2) provides that any information in column 3 of the table is not part of this Act.

Item 3 - Schedules

7. Item 3 of the Bill provides that legislation that is specified in a Schedule of the Bill is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

8. The seven Schedules to the Bill relate to the following Acts:

a)

Schedule 1 to the Bill will make amendments to the Crimes Act 1914, the Proceeds of Crime Act 2002 and the National Anti-Corruption Commission Act 2022;

b)

Schedule 2 to the Bill will make amendments to the Proceeds of Crime Act 2002;

c)

Schedule 3 to the Bill will make amendments to the Crimes Act 1914;

d)

Schedule 4 to the Bill will make amendments to the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997

e)

Schedule 5 to the Bill will make amendments to the Telecommunications (Interception and Access) Act 1979;

f)

Schedule 6 of the Bill will make amendments to the Criminal Code Act 1995; and

g)

Schedule 7 of the Bill will make amendments to the Criminal Code Act 1995.

SCHEDULE 1 - SEIZING DIGITAL ASSETS

Crimes Act 1914

Item 1 Subsection 3C(1)

9. Item 1 would insert new definitions for the terms 'digital asset' and 'seize' into subsection 3C(1).

10. A digital asset means:

•

a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by a type of distributed ledger technology or another distributed cryptographically verifiable data structure, or

•

a right or thing prescribed by the regulations, but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.

11. The definition captures a range of digital assets that could hold value and be capable of restraint or forfeiture action under the POCA, including 'coins', 'stablecoins' and 'tokens'.

12. The first part of the definition encompasses terms currently used in the digital asset industry, including:

•

'evidenced cryptographically' - digital asset systems (i.e. the Bitcoin system) traditionally use blockchain technology to record transactions and the ownership of digital assets. The integrity of digital asset systems is protected by cryptography which is a method of verifying and securing data using complex mathematical algorithms.

•

'distributed ledger technology' - the protocols and supporting infrastructure that allows computers in different locations to propose and validate transactions involving digital assets, and updated records in a synchronised way across a networked database. Distributed ledger technology is the technology blockchains are created from and the infrastructure ensures data is reliable and only accessible to those that need it.

•

'distributed cryptographically verifiable data structure' - any data structure system that uses cryptography to verify and/or secure the data.

13. The first part of the definition reflects the definition used by the Australian Securities and Investments Commission to administer the Australian financial services licensing regime.

14. The second part of the definition is designed to provide the flexibility to expand and tailor the definition as technology and the use of digital assets in criminal offending evolves. A 2021 Senate Committee noted that the scale and speed with which cryptocurrencies and other digital assets have progressed in recent years had surprised governments, regulators and policy makers. It is likely that the first part of the definition may need to be adapted in future if the fundamental characteristics of digital assets changes. A regulation-making power is justified in this context because digital assets are highly technical, ever-evolving and uncertain. The regulation-making power will ensure the legislation is future-proofed and able to adapt to technological developments and innovations.

15. The new definition of seize clarifies that, in relation to a digital asset, the meaning is affected by subsection 3FA(8).

Item 2 At the end of subsection 3E(5)

16. Section 3E deals with when search warrants can be issued. The note at the end of subsection 3E(5) would clarify that the power to seize a digital asset, and certain other powers, may be exercised after the warrant expires as outlined in subsection 3FA(10).

Items 3 and 4 After paragraph 3E(6)(a) and after paragraph 3E(7)(a)

17. Items 3 and 4 provide that the warrant authorises the seizure of a digital asset where paragraphs 3FA(1)(a) to (c) and 3FA(2)(a) to (c) are satisfied.

Item 5 Section 3F (heading) Things authorised by a search warrant - additional things for digital assets

18. Item 5 would repeal and substitute the heading of section 3F to 'The things authorised by a search warrant - general'. This amendment is consequential to the amendments made by Item 6.

Item 6 After section 3F The things authorised by a search warrant - additional things for digital assets

19. Item 6 would insert new section 3FA into the Crimes Act to:

•

establish the circumstances in which digital assets can be seized, both in relation to warrants for premises or in relation to warrants for persons

•

establish the thresholds required for the seizure of digital assets and the matters the executing officer or constable assisting must be satisfied of prior to effecting the seizure

•

clarify that a warrant for premises or persons also authorises the executing officer or constable assisting to use electronic equipment to seize digital assets or access data to determine the existence of a digital asset that may be seized

•

provide limitations on the addition, deletion or alteration of data where it is likely to interfere with communications in transit or the lawful use by other persons of a computer, unless it is necessary to do things specified in the warrant

•

set out a non-exhaustive list of ways digital assets can be seized

•

clarify the time limit for seizing digital assets and the use of certain other powers, and

•

clarify that a digital asset can be seized at the premises to which the warrant relates, in the presence of a person to which the warrant relates, or at any other place.

New subsection 3FA(1) Warrant in relation to premises - authority to seize digital asset

20. Where a warrant for the search of a premises is obtained under section 3E, new paragraphs 3FA(1)(a) to (c) may authorise the executing officer or a constable assisting to seize a digital asset where the following three requirements are satisfied:

•

in the course of exercising powers under Part IAA of the Crimes Act, the executing officer or constable assisting finds one or more things that suggest the existence of the digital asset (paragraph 3FA(1)(a))

•

the executing officer or constable assisting suspects on reasonable grounds that the digital asset is 'evidential material' in relation to an offence to which the warrant relates or another offence that is an indictable offence, or that it is 'evidential material' or 'tainted property' within the meaning of the POCA (paragraph 3FA(1)(b)), and

•

the executing officer or the constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence (paragraph 3FA(1)(c)).

21. In respect of paragraph 3FA(1)(a), law enforcement agencies may locate evidence which suggests the existence of a digital asset in several ways, including:

•

discovering a digital wallet application while examining an electronic device during the execution of a search warrant

•

locating a recovery phrase (sometimes known as a seed phrase) during the execution of a search warrant. A recovery phrase is a sequence of random words generated by a digital asset wallet that allows a person to access or recover the digital asset associated with that wallet. Recovery phrases may be written down or stored electronically

•

locating a cold storage wallet (a device that stores cryptocurrency private keys offline to protect against theft from hackers) during the execution of a search warrant, or

•

in some cases, a thing suggesting the existence of a digital asset may be discovered in the course of exercising powers under Part IAA of the Crimes Act after the execution of a search warrant. For example, after the execution of a warrant law enforcement officers will, under section 3ZQV of the Crimes Act, examine data that is held on or accessible from electronic devices that have been seized during the search warrant and taken to a law enforcement facility. During this later examination, law enforcement officers may discover a digital wallet application or an electronically-stored recovery phrase.

22. In respect of new paragraph 3FA(1)(b)), the threshold for seizure of reasonable suspicion that a digital asset is evidential material or tainted property under the POCA is a lower threshold for seizure than currently applies under paragraph 3F(1)(d). Paragraph 3F(1)(d) allows for the seizure of items that have not been listed in the warrant as evidential material where the relevant officer believes on reasonable grounds that thing is 'evidential material' in relation to an offence or tainted property under the POCA, and they also believe on reasonable grounds seizure is necessary to prevent concealment, loss, destruction or its use in committing an offence.

23. The different threshold for new paragraph 3FA(1)(b) reflects the unique challenges that the discovery of digital assets creates when located during the exercise of search warrant powers.

24. For example, where large sums of cash are found during a search warrant, an executing officer may be able to relatively easily come to a belief on reasonable grounds that the funds are tainted property (i.e. proceeds of crime). This is because it is quite simple to make a rough estimate of the amount of cash found, and it is unusual for people to hold tens or hundreds of thousands of dollars in cash at their premises. Combined with other information about the occupants of the premises, or other items located at the premises, this may be sufficient to reach reasonable belief the cash is tainted property.

25. By comparison, it is a much more difficult task to reach a reasonable belief threshold when digital assets are found. Digital assets have become more common in the community, so the mere holding of large amounts of a digital asset is unlikely on its own to be as suspicious as holding large amounts of cash. There will need to be a level of analysis to develop some understanding of the source of those funds (something which may be unnecessary if hundreds of thousands of dollars in cash is found). Further, it may be difficult to determine in a short space of time whether the value of the asset has changed significantly since it was obtained (noting large variations in the value of digital assets are common). For example, the digital asset could have been worth significantly less at the time it was obtained compared to when it is discovered by law enforcement.

26. However, in the case of digital assets, the risk of not taking immediate action to seize is high. If law enforcement does not seize a digital asset at the time of its discovery, it will be very easy for a criminal or associate to remotely and almost instantly move the asset elsewhere that is out of reach of law enforcement via an online transaction.

27. To seize a digital asset there will need to be reasonable grounds for the suspicion held by the relevant officer. This means there will still need to be other information available to the relevant officer which objectively indicates a connection between the digital asset and criminal activity before seizure is able to occur.

28. In respect of new paragraph 3FA(1)(c), and for the avoidance of doubt, the phrase 'concealment, loss or destruction' includes 'dissipation' of the digital asset, including by transferring it in whole or in part to another entity, digital wallet etc. This covers situations where there is a reduction in the value or balance of the digital asset, such as in circumstances where a person moves or sells most (but not all) of the digital asset.

29. The note following paragraph 3FA(1)(c) would clarify that where one or more things are found that suggest the existence of a digital asset, the digital asset need not be found at the premises and data accessed using powers under this Part of the Crimes Act may suggest the existence of the digital asset. The note gives the example that a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the premises, and directs to section 3LAA.

New subsection 3FA(2) Warrant in relation to person - authority to seize digital assets

30. New paragraphs 3FA(2)(a) to (c) authorise the executing officer or a constable assisting to seize a digital asset under a warrant in force in relation to persons if the following three requirements are met:

•

in the course of exercising powers under Part IAA of the Crimes Act, the executing officer or constable assisting finds one or more things that suggest the existence of the digital asset (subparagraph 3FA(2)(a))

•

the executing officer or constable assisting suspects on reasonable grounds that the digital asset is 'evidential material' in relation to an offence to which the warrant relates or another offence that is an indictable offence, or that it is 'evidential material' or 'tainted property' within the meaning of the POCA (subparagraph 3FA(2)(b)), and

•

the executing officer or constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence (subparagraph 3FA(2)(c).

31. The note following paragraph 3FA(2)(c) would clarify that where one or more things are found that suggest the existence of a digital asset, the digital asset need not be found in the person's possession. Data accessed using powers under this Part may suggest the existence of the digital asset. The note also gives the example that a thing suggesting the existence of the digital asset could be found by accessing data using electronic equipment moved from the person's possession, and directs to section 3LAA.

New subsection 3FA(3) Use of electronic equipment etc. to seize a digital asset etc.

32. Subsection 3FA(3) provides that the executing officer or a constable assisting may use a computer or data storage device found in the course of the search authorised by the warrant, a telecommunications facility, other electronic equipment or a data storage device for the purpose of seizing a digital asset under the warrant.

33. This will allow the executing officer or a constable assisting to use specialist equipment to analyse computers and digital equipment to seize digital assets. The executing officer or constable assisting may add, copy, delete or alter data if necessary to achieve this purpose. If it is reasonable to do so for the purpose of seizing a digital asset, the warrant may authorise the use of any other computer or a communication in transit, and to add, copy, delete or alter other data in the other computer or the communication in transit.

34. The executing officer or a constable assisting may also do any other thing reasonably incidental to these activities.

New subsections 3FA(4) and (5) Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc.

35. Subsection 3FA(4) provides that a warrant authorises the use of electronic equipment to access data held in a computer or device in order to determine the existence of a digital asset that may be seized under the warrant.

36. Subsection 3FA(4) replicates subsections 3F(2A) of the Crimes Act to provide that the executing officer or a constable assisting may use a computer or data storage device found in the course of the search authorised by the warrant, a telecommunications facility, other electronic equipment or a data storage device for the purpose of accessing data to determine whether the data suggests the existence of a digital asset that may be seized under the warrant. The executing officer or constable assisting may add, copy, delete or alter data if necessary to achieve this purpose. If it is reasonable to do so, the warrant may authorise the use of any other computer or a communication in transit to access the relevant data, and to add, copy, delete or alter other data in the other computer or the communication in transit. The warrant also authorises the copying of any data that appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset.

37. The note following subsection 3FA(4) would clarify that a person who, by means of a telecommunications facility, obtains access to data will not commit an offence under Part 10.7 of the Criminal Code or equivalent state or territory laws, provided that they act within the authority of the warrant.

38. Subsection 3FA(5) provides that a warrant authorises the use of electronic equipment to access relevant account-based data in order to determine whether the data suggests the existence of a digital asset that may be seized under the warrant.

39. Subsection 3FA(5) replicates subsections 3F(2B) of the Crimes Act to provide that the executing officer or a constable assisting may use a computer or data storage device found in the course of the search authorised by the warrant, a telecommunications facility, other electronic equipment or a data storage device for the purpose of accessing the relevant account-based data to determine whether the data suggests the existence of a digital asset that may be seized under the warrant. The executing officer or constable assisting may add, copy, delete or alter data if necessary to achieve this purpose. If it is reasonable to do so, the warrant also authorises the use of any other computer or a communication in transit to access the relevant data, and to add, copy, delete or alter other data in the computer or the communication in transit. The executing officer or a constable assisting may also copy any data that appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset.

40. It is necessary that the AFP has the power to review the data of each user of a computer to locate digital assets that are evidential material or proceeds of crime, and to determine which person has been using, or is in control of, the digital asset under proposed subsection 3FA(1). This would appropriately target the search and seizure of digital assets, and combat the ability for criminals to hide evidential material and their proceeds of crime from police.

New subsection 3FA(6) Limitation

41. Subsection 3FA(6) replicates subsection 3F(2C) of the Crimes Act. It provides that subsections 3FA(3), (4) and (5) do not authorise the addition, deletion or alteration of data when those actions are likely to interfere with communications in transit or the lawful use by other persons of a computer, unless it is necessary to do one or more things specified in the warrant. In no circumstances is it authorised for material loss or damage to be caused to other persons lawfully using a computer.

New subsection 3FA(7) Operation of electronic equipment to seize a digital asset

42. New subsection 3FA(7) enables the operation of electronic equipment at the premises to seize a digital asset (paragraph 3FA(7)(a)) and the operation of moved electronic equipment to seize a digital asset (paragraph 3FA(7)(b)). These provisions are the equivalent of existing subsections 3L(1) and 3LAA(1), respectively, but in the context of seizing a digital asset rather than accessing data. Subsection 3FA(7) will work in conjunction with subsection 3FA(3) in enabling the use of various equipment and other things to carry out the seizure of a digital asset.

New subsection 3FA(8) Additional ways of seizing digital assets

43. Subsection 3FA(8) extends the ordinary meaning of 'seizing' of a digital asset to include the transfer of a digital asset from an existing digital wallet (or some other thing), or a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant, to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory.

44. The recreation or recovery of a digital wallet would involve the use of information including private keys and seed phrases located during the execution of the warrant to obtain access to the digital asset.

45. Access to digital assets is secured using a private key, and these keys are often held in digital wallets that allow a user to manage the digital asset.

46. These wallets generally provide a recovery mechanism through the use of a seed phrase which is generated during the wallet creation process. Seed phrases are typically a list of words that contain all the information required to recover the digital assets held in a digital wallet. Possession of this seed phrase, therefore allows access to the digital assets controlled by the digital wallet when the pin number, password or other access method has not been provided.

47. Paragraph 3FA(8)(c) is designed to provide flexibility in recognition of the evolving nature of digital assets to expressly prescribe other ways in which digital assets can be seized. A regulation-making power is justified in this context because the platforms and technology that enable digital assets is not oversighted by any one central body so it is not uniform across digital assets platforms and the number and types of participants providing services in digital currency payments systems continue to increase. Further, digital assets are a developing capability within law enforcement. The regulation-making power will ensure the legislation is future-proofed and able to adapt to technological developments and innovations.

New subsections 3FA(9) and (10) Time limit for seizing digital assets etc.

48. Subsection 3FA(9) provides that law enforcement agencies are able to exercise their powers to seize a digital asset under subsections 3FA(1) and (2) or powers relating to the seizing of a digital asset under 3FA(3) or paragraph 3FA(7)(b) at different times depending on the circumstances in which they became aware that there was a thing that suggests the existence of a digital asset.

49. The period ends:

•

for a thing moved to another place under subsection 3K(2) - the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B),

•

for a thing seized under this Division - any time that the thing must be returned as described in Subdivision B of Division 4C of this Part,

•

for a thing that is data copied under this Division - the time the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings, or

•

otherwise - the end of the period of 30 days starting on the day the warrant is issued.

50. The note following paragraph 3FA(9)(d) would clarify that the power to seize the digital asset may be exercised at different times if there is more than one thing referred to in paragraph 3FA(1)(a) or (2)(a) that suggests the existence of the digital asset. The note would also clarify if two or more things referred to in paragraph 3FA (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation each of those things.

•

For example, where a laptop computer is moved under section 3K, and a mobile phone is seized under section 3F, the exercise of these powers can take place within the period that a law enforcement agency is permitted to retain possession of the mobile phone. This is despite the fact that the laptop computer may need to be returned after 30 days if not extended.

51. Subsection 3FA(10) would clarify that the powers referred to in subsection 3FA(9) may be exercised after the warrant expires as if the warrant were still in force.

New subsections 3FA(11) and (12) Things done in relation to warrants may be done remotely etc.

52. Subsections 3FA(11) and (12) provide the power to seize a digital asset, and the accompanying powers in subsections 3FA(3), (4) and (5), may be exercisable from any location, including remotely, and do not have to occur at the premises (for a warrant related to premises) or in the presence of the person (for a warrant related to a person). Allowing seizure to be affected remotely recognises that digital assets are a developing capability within law enforcement, and relevant technical specialists are not always able to physically attend all warrant premises. These provisions would allow the provision of remote assistance to an officer who is at the warrant premises, or in the presence of the subject of a person warrant, during the execution of the warrant, and seizure by an officer located at law enforcement agencies' offices or elsewhere.

53. It is not always possible for law enforcement agencies to have experts trained in digital asset recovery available at all search warrants, and sometimes digital assets suspected of being evidential material or tainted property will be located unexpectedly during a search warrant. Digital assets can be moved quickly and remotely by criminals, so it is important that when they are located during a search warrant there is the capacity to seize as soon as possible. Subsections 3FA(11) and (12) will make clear that the officer who specifically carries out a digital asset seizure will not have to be physically present at the execution of the warrant, and help to ensure digital assets reasonably suspected of being evidential material or tainted property are not able to be moved out of reach before law enforcement can seize those assets.

54. To be clear, the execution of a premises or person search warrant must still be carried out by physical attendance of the executing officer and constables assisting at the search warrant. However, where assistance is required to seize digital assets and officers located elsewhere are best placed to carry out the seizure in a timely way, these provisions will enable those officers to carry out the seizure.

Item 7 At the end of subsection 3K(1)

55. Item 7 would clarify that an executing officer or constable assisting may bring any equipment reasonably necessary for the examination or processing of a thing found at the premises to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Items 8 and 9 Subsection 3K(2) and Subparagraph 3K(2)(a)(ii)

56. Items 8 and 9 are consequential to the amendments made by 3FA(7) and would allow a thing found at warrant premises, or a thing found during a search warrant in relation to a person, to be moved to another place for examination or processing to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Item 10 Subsection 3K(4)

57. Item 10 would provide that the executing officer or constable assisting may operate equipment already at the warrant premises to examine or process a thing found at the premises to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Item 11 Paragraphs 3K(5)(a) and (d)

58. Item 11 would provide that the examination or processing of a computer or data storage device found in the course of a search authorised under a warrant may include the use of the relevant computer or device, a telecommunications facility, other electronic equipment or a data storage device to obtain access to data to determine whether it suggests the existence of a digital asset that may be seized under the warrant. The examination or processing of a computer or data storage device may also include copying any data to determine whether it suggests the existence of a digital asset that may be seized under the warrant.

Item 12 Paragraphs 3K(6)(a) and (d)

59. Item 12 would provide that the examination or processing of a computer or data storage device found in the course of a search authorised under a warrant may include the use of the relevant computer or device, a telecommunications facility, other electronic equipment or a data storage device to obtain access to the relevant account-based data to determine whether it suggests the existence of a digital asset that may be seized under the warrant. The examination or processing of a computer or data storage device may also include copying any data to determine whether it suggests the existence of a digital asset that may be seized under the warrant.

Item 13 Subparagraphs 3K(7)(a)(iii) and (iv)

60. Item 13 would provide that the examination or processing of a computer or data storage device does not authorise the addition, deletion or alteration or data unless doing so is necessary to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Item 14 At the end of subsection 3L(1)

61. Item 14 would provide that the executing officer or constable assisting may operate electronic equipment at the warrant premises to access data if they suspect on reasonable grounds that the data suggests the existence of a digital asset that may be seized under the warrant.

Item 15 Subsection 3L(1A)

62. Item 15 would provide that if the executing officer or a constable assisting suspects on reasonable grounds that any data accessed by operating the electronic equipment suggests the existence of a digital asset that may be seized under the warrant, they may copy the data, or if the occupier of the premises agrees in writing, to copy the data and take the device from the premises.

Items 16 - 18 Subsection 3L(2), Paragraph 3L(2)(b) and Paragraph 3L(3)(a)

63. Items 16, 17 and 18 would provide that if the executing officer or a constable assisting, after operating the equipment, finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant, they may seize the equipment or put the thing in documentary form. A constable may only seize the equipment if it is not practicable to copy the data or to put the thing in documentary form, or possession by the occupier of the equipment could constitute an offence.

Item 19 Subsection 3LAA(2)

64. Item 19 is consequential to the amendments made by 3FA(7) and would provide that if the executing officer or constable assisting suspects on reasonable grounds that any data accessed by operating electronic equipment suggests the existence of a digital asset that may be seized under a warrant, they may copy the data.

Items 20 - 22 Subsection 3LAA(4), Paragraph 3LAA(4)(b) and Paragraph 3LAA(5)(a)

65. Items 20, 21 and 22 would provide that if the executing officer or a constable assisting, after operating the equipment, finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under a warrant, they may seize the equipment or put the thing in documentary form. A constable may only seize the equipment if it is not practicable to copy the data, or possession by the occupier of the equipment could constitute an offence.

Item 23 Paragraph 3LAA(5)(b)

66. Item 23 would omit "paragraph 3K(2)(a) or (b)" in Paragraph 3LAA(5(b) and substitutes this with "paragraph 3K(2)(b) or (c)". This corrects a minor referencing error.

Item 24 Paragraph 3M(1)(a)

67. Item 24 is consequential to the amendments made by 3FA(7) and would provide that the Commonwealth must pay the owner of the equipment or the user of the data if damage is caused as a result of it being operated under section 3FA(7).

Item 25 After paragraph 3N(2)(a)

68. Item 25 is intended to explicitly exclude a digital asset or a thing that suggests the existence of a digital asset from the requirement under 3N to provide a copy of the thing or information that is seized under warrant. Providing a copy of a digital asset or a thing that suggests the existence of a digital asset could give the person of interest an opportunity to dissipate or alter the digital asset.

Item 26 Subsection 3ZQV(2)

69. Item 26 would provide that electronic equipment may be operated at any location after it has been seized or moved to determine whether data that suggests the existence of a digital asset that may be seized under a warrant is held on or accessible from the equipment and to obtain access to the data.

Proceeds of Crime Act 2002

Items 27 and 28 After paragraph 227(1)(h)

70. Section 227 of Division 1 of Part 3-5 of the POCA deals with the contents of warrants. Item 27 would amend the matters that a search warrant must state to include that the warrant authorises the seizure of a digital asset if paragraphs 228A(1)(a) to (c) are satisfied.

71. The note at the end of subsection 227(1) would clarify that the power to seize a digital asset and certain other powers may be exercised after the warrant expires as outlined in subsection 228A(8).

Item 29 Section 228 (heading)

72. Item 29 repeals and substitutes the heading of section 228 to 'The things authorised by a search warrant - general'. This amendment is consequential to the amendments made by Item 30.

Item 30 At the end of Subdivision A of Division 1 of Part 3-5

73. Item 30 would insert new section 228A to deal with additional things authorised by a search warrant for digital assets. The proposed amendments will:

•

establish the circumstances in which digital assets can be seized,

•

establish the thresholds required for the seizure of digital assets and the matters the executing officer or person assisting must be satisfied of prior to effecting the seizure,

•

clarify that a warrant also authorises the executing officer or person assisting to use electronic equipment to seize digital assets or access data to determine the existence of a digital asset that may be seized,

•

provide limitations on the addition, deletion or alteration of data where it is likely to interfere with communications in transit or the lawful use by other persons of a computer, unless it is necessary to do things specified in the warrant,

•

set out a non-exhaustive list of ways digital assets can be seized,

•

clarify the time limit for seizing digital assets and certain other powers, and

•

clarify that a digital asset can be seized at the premises that are the subject or the search warrant, or at any other place.

Subsection 228A(1) Authority to seize digital assets

74. New subsections 228A(1)(a) to (c) authorise the executing officer or a person assisting to seize a digital asset under a warrant in force in relation to premises if the following three requirements are met:

•

the executing officer or the person assisting finds one or more things that suggest the existence of the digital asset (subparagraph 228A(1)(a))

•

the executing officer or the person assisting suspects on reasonable grounds that the digital asset to be 'tainted property' to which the warrant relates, or 'evidential material' in relation to property to which the warrant relates, or 'evidential material' or another offence that is an indictable offence, or that it is 'evidential material' (within the meaning of the Crimes Act) relating to an indictable offence (as that term is defined in the POCA) (subparagraph 228A(1)(b), and

•

the executing officer or constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset's concealment, loss or destruction or its use in committing an offence (subparagraph 228A(1)(c).

75. The note following paragraph 228A(1)(c) would clarify that the digital asset need not be found at the premises and data accessed using powers under this Part of the POCA may suggest the existence of the digital asset. The note gives the example that a thing suggesting the existence of the digital asset could be found by accessing data not held at the premises, and directs to section 245.

Subsection 228A(2) Use of electronic equipment etc. to seize a digital asset etc.

76. Subsection 228A(2) provides authority to use electronic equipment for the purpose of seizing a digital asset under the warrant. This includes computers or data storage devices found in the course of a search authorised under a warrant, a telecommunications facility, any other electronic equipment or a data storage device. The executing officer or person assisting may add, copy, delete or alter data if necessary to achieve this purpose. If it is reasonable to do so, the warrant also authorises the use of any other computer or a communication in transit to access the relevant data, and to add, copy, delete or alter other data in the other computer or the communication in transit.

Subsection 228A(3) Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc

77. Subsection 228A(3) provides authority to use electronic equipment for the purpose of obtaining access to data. This includes computers or data storage devices found in the course of a search authorised under a warrant, a telecommunications facility, any other electronic equipment or a data storage device. The executing officer or person assisting may add, copy, delete or alter data if necessary to achieve this purpose. If it is reasonable to do so, the warrant also authorises the use of any other computer or a communication in transit to access the relevant data, and to add, copy, delete or alter other data in the other computer or the communication in transit. The warrant also authorises the copying of any data that appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset.

78. The note following subsection 228A(3) clarifies that persons who, by means of a telecommunications facility, obtains access to data will not commit an offence under Part 10.7 of the Criminal Code or equivalent State or Territory laws, provided that they act within the authority of the warrant.

Subsection 228A(4) Limitation

79. Subsection 228A(4) provides that subsections 228A(2) and (3) do not authorise the addition, deletion or alteration of data when those actions are likely to interfere with communications in transit or the lawful use by other persons of a computer, unless it is necessary to do one or more things specified in the warrant. In no circumstances is it authorised for material loss or damage to be caused to other persons lawfully using a computer.

Subsection 228A(5) Operation of electronic equipment to seize a digital asset

80. Subsection 228A(5) provides that a warrant also authorises an officer or person assisting to operate electronic equipment either at the premises or remotely to affect the seizure of digital assets.

Subsection 228A(6) Additional ways of seizing digital assets

81. Subsection 228A(6) extends the ordinary meaning of 'seizing' of a digital asset to include the transfer of a digital asset from an existing digital wallet (or some other thing), or a digital wallet (or some other thing) recreated or recovered by a police force or police service using things found in the course of the search authorised by the warrant, to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory. Paragraph 228A(6)(c) will provide flexibility to expressly prescribe other ways in which digital assets can be seized. A regulation-making power is justified in this context because the platforms and technology that enable digital assets is not oversighted by any one central body so it is not uniform across digital assets platforms and the number and types of participants providing services in digital currency payments systems continue to increase. Further, digital assets are a developing capability within law enforcement. The regulation-making power will ensure the legislation is future-proofed and able to adapt to technological developments and innovations.

Subsections 228A(7) and 228A(8) Time limit for seizing digital assets

82. Subsection 228A(7) is intended to clarify that law enforcement agencies are able to exercise their powers under subsections 228A(1), or a power relating to seizing a digital asset under subsection 228A(2) or paragraph 228A(5)(b), at different times depending on the circumstances in which they became aware that there was a thing that suggests the existence of a digital asset.

83. The period ends:

•

if the thing is moved to another placed under subsection 244(1) - the time applicable under subsection 244(2) or that time as previously extended as described in subsection 244(3),

•

if the thing is seized under this Part - any time that the thing must be returned as described in Subdivision B or C or Division 3 of this Part,

•

if the thing is data that is copied under this Division - the time the head of the enforcement agency is satisfied that the data is not required (or is no longer required),

•

for a purpose mentioned in section 266A or for other judicial or administrative review proceedings, or

•

otherwise - the end of the period of 30 days starting on the day the warrant is issued.

84. Subsection 228A(8) is intended to clarify that the powers referred to in subsection 228A(7) may be exercised after the warrant expires.

Subsection 228A(9) Things done in relation to warrants may be done remotely etc.

85. Subsection 228A(9) provides that the powers in subsections 228A(2) and (3) should be exercisable from any location (which for the avoidance of doubt should include the remote exercise of these powers).

Item 31 At the end of subsection 243(1)

86. Item 31 is consequential to the amendments made by 228A(3) and would clarify that an executing officer or person assisting may bring any equipment reasonably necessary for the examination or processing of a thing found at the premises to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Items 32 and 33 Subsection 244(1) and Subparagraph 244(1)(a)(i)

87. Items 32 and 33 are consequential to the amendments made by 228A(4) and allow a thing found at warrant premises to be moved to another place for examination or processing to determine whether it is a thing that suggests the existence of a digital asset that may be seized under the warrant.

Item 34 Paragraph 245(1)(a)

88. Item 34 is consequential to the amendments made by 228A(3) and provides that the executing officer or person assisting may operate electronic equipment at the premises to access data if they believe on reasonable grounds that the data might suggest the existence of a digital asset that may be seized under a search warrant.

Item 35 Subsection 245(2)

89. Item 35 is consequential to the amendments made by 228A(3) and provides that, if the executing officer or person assisting believes that any data accessed by operating the electronic equipment might suggest the existence of a digital asset that may be seized under a search warrant, they may copy the data, or if the occupier of the premises agrees in writing, copy the data and take the device from the premises.

Items 36 and 37 Subsection 245(3) and Paragraph 245(3)(b)

90. Items 36 and 37 provide that if the executing officer or a person assisting finds a thing (whether or not held on the equipment) that suggests the existence of a digital asset that may be seized under the warrant, they may seize the equipment or put the thing in documentary form.

Item 38 Subsection 245(4)

91. Item 38 omits "An *authorised officer" and substitutes this with "The *executing officer or a *person assisting". This corrects a minor referencing error.

Item 39 Paragraph 245(4)(a)

92. Item 39 provides that an executing officer or a person assisting may only seize the equipment under paragraph 245(3)(a) if it is not practicable to copy the data or put the thing in documentary form, or possession by the occupier of the equipment could constitute an offence.

Item 40 Paragraph 248(1)(a)

93. Item 40 is consequential to the amendments made by 228A(5) and provides that the Commonwealth must pay the owner of the equipment or the user of the data or programs if damage is caused to equipment as a result of it being operated under subsection 228A(5).

Item 41 After paragraph 249(3)(a)

94. Item 41 is intended to explicitly exclude a digital asset or a thing that suggests the existence of a digital asset from the requirement under section 249 to provide a copy of the thing or information that is seized under warrant. Providing a copy of a digital asset or a thing that suggests the existence of a digital asset could give the person of interest an opportunity to dissipate or alter the digital asset.

Item 42 Section 338

95. Item 42 inserts five new definitions into section 338, to provide meaning for the terms for this Part of the POCA. These terms are defined in section 338 to create consistency between the terms used in the Crimes Act and the POCA in relation to digital currencies.

carrier

96. The term carrier is defined to mean a carrier within the meaning of the Telecommunications Act 1997, or a carriage service within the meaning of that Act.

communication in transit

97. The term communication in transit is defined to mean a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of the Telecommunications Act 1997).

digital asset

98. The term digital asset is defined to mean (a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by (i) a type of distributed ledger technology; or (ii) another distributed cryptographically verifiable data structure; or (b) a right or thing prescribed by the regulations.

99. The term digital asset does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of the POCA.

seize

100. The term seize is defined, for a digital asset, as meaning that it is affected by subsection 228A(5).

telecommunications facility

101. The term telecommunications facility is defined to mean a facility within the meaning of the Telecommunications Act 1997.

Item 43 Application of amendments

102. Item 43 provides the amendments made by this Schedule, to the extent that they apply in relation to an application for a warrant under Division 2 of Part IAA of the Crimes Act or Part 3-5 of the POCA made on or after the commencement of this Clause:

•

whether property or a thing to which the application relates was acquired before, on or after that commencement, and

•

whether conduct or a crime to which the application relates occurred before, on or after that commencement.

103. The amendments made to the Crimes Act and the POCA by this Part will only apply to applications for search warrants made on or after commencement of this Part in recognition that the threshold of seizing digital assets has been reduced from reasonable belief to reasonable suspicion and to reflect the introduction of specific powers relating to digital assets.

104. In effect, this provision will ensure that a search warrant can be issued regardless of whether the criminal conduct to which it relates occurred before on or after commencement or whether the property of thing to which the application relates was acquired before, on or after commencement. These amendments do not have the effect of permitting warrants to be made retrospectively.

105. The application of these amendments is consistent with previous amendments to POCA. It is also necessary to ensure all relevant criminal conduct is captured, as the offending leading to POCA action may be historic or occur over a period of time. Further, at the time of executing a warrant there may be limited information as to the full extent and duration of offending or when tainted property may have been acquired. As such, an express application provision puts these issues beyond doubt and will operate to prevent the potential frustration of POCA investigations and proceedings through arguments about when criminal conduct occurred or things acquired.

106. Applying the amendment to criminal conduct that has occurred or things that have been acquired prior to the amendments commencing is also more broadly justified on the grounds that the seizure of digital assets is already available under warrants and these provisions merely seek to provide a more specific set of powers in relation to this unique category of asset.

Part 2 - Other amendments

National Anti-Corruption Commission Act 2022

107. Items 44 to 46 would align the NACC Act with new section 3FA of the Crimes Act. This is intended to allow the NACC to seize digital assets that afford evidential materials of:

•

the offence or corruption issue in relation to which the warrant was issued,

•

any indictable offence, or

•

a corruption issue being investigated by the NACC other than the one to which the warrant relates.

Item 44 Section 126 (heading)

108. This item would amend the heading of section 126 to insert "3FA" after "3F" to reflect the introduction of new section 3FA. This amendment is consequential to the amendment made by Item 6 above which introduced new section 3FA into the Crimes Act.

Item 45 At the end of subsection 126(1)

109. This item would insert a new paragraph 126(1)(d) to make clear that section 126(1) applies in relation to subparagraphs 3FA(1)(b)(i) and (2)(b)(i). This amendment is consequential to the amendment made by Item 6 above which introduced new section 3FA into the Crimes Act.

Item 46 After subsection 126(4)

110. This item would insert new subsections 126(4A) and (4B) to deal with evidential material in relation to the requirements of subparagraphs 3FA(1)(b)(ii) and (2)(b)(ii) and subsection 3FA(6) of the Crimes Act.

Subsection 126(4A)

111. This subsection provides that the Crimes Act has effect as if subparagraph 3FA(1)(b)(ii) (an executing officer or constable assisting reasonably suspects a digital asset to be evidential material in relation to another offence that is an indictable offence) were substituted with "evidential material in relation to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating".

Subsection 126(4B)

112. This subsection provides that the Crimes Act has effect as if the references in subsection 3FA(8) to the AFP included references to the National Anti-Corruption Commission.

Item 47 Application of amendments

113. Item 47 would provide that the amendments to the NACC Act made by this Part of Schedule 3, apply in relation to an application for a warrant under Division 2 of Part IAA of the Crimes Act, made on or after the commencement of this item:

•

whether the conduct or offence to which the application relates occurred, or the corruption issue to which the application relates occurred, before, on or after that commencement, and

•

whether property or other things to which the application relates were acquired or came into existence before, on or after that commencement.

SCHEDULE 2 - DIGITAL CURRENCY EXCHANGES

Proceeds of Crime Act 2002

Item 1 Paragraph 7(aa)

114. This item would make a consequential amendment to the outline of the POCA to reflect the amendments made by this Schedule.

Item 2 Subsection 15B(1)

115. Item 2 would ensure freezing orders may limit withdrawals and other transactions involving accounts with digital currency exchanges.

116. Digital currency exchanges fall within the definition of financial institution. The use of the word 'transaction' is intended to capture the broader range of dealings that can occur in relation to digital currencies in comparison to fiat currencies. The term 'transaction' should be interpreted broadly to include any dealings with digital currencies held in an account, including dealing with it as a gift, exchanging it for fiat currency, or transferring it from a digital currency exchange to a private wallet. This will ensure law enforcement agencies have the capabilities required to prevent account holders taking actions that could result in a reduction in the account's balance. For example, some digital currency exchanges offer the ability to trade one type of digital currency for another, which could result in a change of the value of the digital currency connected to a specified account.

117. The existing criteria in subsection 15B(1) ensures that freezing orders will only be made in situations where it is necessary to ensure funds (including digital currencies) are not moved or dissipated. The freezing order provisions do not operate in a manner that precludes additional deposits to frozen accounts, and the amendments do not affect this.

Items 3 and 4 Section 15K (heading) and Section 15K

118. The current section 15K ensures that withdrawals mandated by law are not affected by the making of a freezing order.

119. Item 4 would reflect that digital currency exchanges will be able to undertake relevant transactions from an account holding digital currencies where those transactions are mandated by law. The heading to section 15K would be amended to reflect that this provision applies to transactions.

Items 5 and 6 Subsections 15L(a) and (c)

120. Current section 15L provides for the enforcement of freezing orders by making it an offence for a financial institution to allow a withdrawal from an account, which is subject to a freezing order, where the withdrawal contravenes the terms of the orders.

121. Items 5 and 6 would align the offence provisions with the amendments made by Item 2 that clarify a financial institution will also commit an offence if it allows a withdrawal from or transactions involving an account, that is subject to a freezing order, where the withdrawal or transaction contravenes the freezing order.

Item 7 and 8 Subsection 15Q(1) (heading)

122. Current section 15Q(1) confers a magistrate with the power to vary a freezing order to enable a financial institution to make a withdrawal from a specified account to meet one or more of the circumstances outlined in subsections (a)-(d). Allowing for a freezing order to be varied recognises that in certain situations it will be necessary to allow for withdrawals from a frozen account. For example, a variation may be sought that would enable a person to withdraw funds to purchase necessities such has food and health care.

123. Item 8 would ensure these provisions apply to accounts held with digital currency exchanges. The Bill does not amend the statutory criteria a magistrate must consider when determining whether to vary a freezing order. The heading to section 15Q would be amended to reflect that this provision applies to transactions.

Items 9 - 11 Section 338 (definition of account )

124. Items 9, 10 and 11 would amend the existing definition of 'account' to capture accounts provided by digital currency exchanges, and clarify that the balance of an account that relates to digital currencies can be expressed as either the amount of digital currency, Australian currency or any other currency.

125. Digital currency exchanges adopt a variety of different operational structures and processes through which they provide a registrable digital currency exchange service. For example, a user may deposit $10,000 into an account held with a digital currency exchange, and use those funds to 'purchase' digital currencies controlled by the exchange. That user could use half of the funds to acquire 0.5 Ether and 0.25 Bitcoin, with $5,000 in AUD fiat currency remaining.

126. Item 10 would insert subparagraphs (ea)(i) and (ii) to provide that the definition of 'account' extends to an account relating to digital currency that includes an account representing the holding of an amount of digital currency, and an account provided as part of a digital currency exchange.

127. The new definitions of 'account' would capture an account holding fiat currency and any sub-account or related accounts that contain different digital currency balances a user holds. The 'account' 'provided as part of a digital currency exchange' definition is intended to operate as a catch-all to ensure that different operating structures to the one described above do not circumvent the clear policy intention to capture any fiat and digital currency balances.

128. The list of accounts described in subparagraphs (ea)(i) and (ea)(ii) are not exhaustive of the types of accounts that might be held with digital currency exchanges and could be subject to a freezing order.

Item 12 Section 338

129. This item would insert a new definition of 'digital currency' and 'digital currency exchange' in section 338 of the POCA. The definition of 'digital currency' adopts the same definition as provided in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act):

digital currency means:

(a)

a digital representation of value that:

(i)

functions as a medium of exchange, a store of economic value, or a unit of account; and

(ii)

is not issued by or under the authority of a government body; and

(iii)

is interchangeable with money (including through the crediting of an account) and may be used as consideration for the supply of goods or services; and

(iv)

is generally available to members of the public without any restriction on its use as consideration; or

(b)

a means of exchange or digital process or crediting declared to be digital currency by the AML/CTF Rules;

but does not include any right or thing that, under the AML/CTF Rules, is taken not to be digital currency for the purposes of this Act.

130. The definition of 'digital currency exchange' means a 'registrable digital currency exchange service' within the meaning of the AML/CTF Act. Under the AML/CTF Act, 'registrable digital currency exchange service' means a designated service that:

•

is covered by item 50A of table 1 in section 6, and

•

is not of a kind specified in the AML/CTF Rules.

131. This includes for example an entity that exchanges digital currency for money (whether Australian or not) but does not provide other financial services like accounts and loans. These entities are subject to separate registration requirements.

132. This definition does not require a digital currency exchange to be registered under the AML/CTF Act before a freezing order can be made.

Item 13 Section 338 (at the end of the definition of financial institution )

133. Item 13 would expand the definition of 'financial institution' to include a corporation to which paragraph 51(xx) of the Constitution applies that provides a digital currency exchange. This definition expands the scope of the proceeds of crime regime so that orders can currently be sought for and notices provided to financial institutions can also be sought or given to a digital currency exchange.

134. Expanding this definition will also amend the scope of the following provisions by reference:

•

Schedule 1 of the POCA as it relates to Schedule 1 - Information gathering by participating States and self-governing territories, and

•

other Acts that rely on the concept of 'financial institution' and related concepts from the POCA: see for example the Mutual Assistance in Criminal Matters Act 1987.

Item 14 At the end of Schedule 2

135. This item would clarify that the amendments made by this Schedule apply in relation to a notice given under clause 12 of Schedule 1 to the POCA on or after the commencement of this item.

136. This provision is intended to ensure that a freezing order, monitoring order, or notice to financial institutions can be made in relation to currency, property, conduct or crime to which the order or notice relates, but which occurred before, on or after commencement.

Item 15 Application of amendments

137. This item would provide that the amendments made by this Schedule, to the extent that they relate to an order under Part 2-1A of the POCA, or a notice given under section 213 of the POCA, would apply in relation to an application or notice made under the abovementioned provisions made on or after the commencement of the Schedule.

138. This provision is intended to ensure that a freezing order, monitoring order, or notice to financial institutions can be made in relation to currency, property, conduct or crime to which the order or notice relates, but which occurred before, on or after commencement.

139. The amendments do not have the effect of permitting orders to be made retrospectively. Rather, the amendments make clear that orders can apply to accounts that were opened prior to the commencement of the Schedule.

SCHEDULE 3 - PENALTY UNIT

Crimes Act 1914

Item 1 Subsection 4AA(1) (definition of penalty unit )

140. Subsection 4AA(1) of the Crimes Act specifies the monetary value of a penalty unit at any particular time. Currently, subsection 4AA(1) defines 'penalty unit' as $275.

141. This item provides that the new definition of 'penalty unit' is $330.

142. Maintaining the value of the penalty unit over time ensures that financial penalties for Commonwealth offences reflect community expectations and continue to remain effective in deterring unlawful behaviour.

Item 2 Subsection 4AA(3)

143. Subsection 4AA(3) provides for the indexation of the penalty unit.

144. Currently, subsection 4AA(3) notes the indexation day is 1 July 2023 and each third 1 July following that day.

145. This item omits '2023' and substitutes '2026' to clarify that the three-year indexation cycle continues unaffected from the commencement of the Schedule. The amendment is required to give certainty that the new penalty unit amount is not required to be indexed upon commencement.

Item 3 Application of amendments

146. This item provides that the amendment made by item 1 applies in relation to an offence committed on or after the commencement of this item. This will ensure that the increased value of the penalty unit to $330 will apply only to offences committed on or after the Schedule commences.

SCHEDULE 4 - COMMUNICATIONS ACCESS COORDINATOR AND COMMUNICATIONS SECURITY COORDINATOR

Telecommunications Act 1997

Item 1 Section 7 (definition of Communications Access Co-ordinator )

147. This item would repeal the definition of "Communications Access Co-ordinator" at section 7 of the Telecommunications Act 1997 (Telecommunications Act) and substitutes it with the definition given to the Communications Access Coordinator under section 6R of the Telecommunications (Interception and Access) Act 1979 (TIA Act).

Item 2 Section 7

148. This item would insert a definition of "Communications Security Coordinator" in section 7 (Definitions) of the Telecommunications Act. The amendment provides that "Communications Security Coordinator" has the meaning given by section 7A.

149. This item would also omit "Australian Security Intelligence Organisation Act 1979" and substitute "Security of Critical Infrastructure Act 2018". This would ensure that CSC functions are undertaken by officers within the Department of Home Affairs as intended, following changes to the Administrative Arrangements Order on 29 July 2024.

Item 3 After section 7

150. This item would insert new section 7A into the Telecommunications Act, creating a definition of "Communications Security Coordinator" and specifying how the Home Affairs Minister may empower particular persons or bodies to carry out certain functions by legislative instrument.

151. Subsection 7A(1) provides the definition of "Communications Security Coordinator" in the Telecommunications Act. Paragraph 7A(1)(a) provides that the Communications Security Coordinator includes the Secretary of the Home Affairs Department. Paragraph 7A(1)(b) provides that the Communications Security Coordinator may also be a person or body covered by an instrument made by the Home Affairs Minister under new subsection 7A(2).

152. Subsection 7A(2) provides that the Home Affairs Minister may, by legislative instrument, specify one or more persons or bodies, or one or more classes of persons or bodies, for the purposes of paragraph (b) of the definition of "Communications Security Coordinator" in new subsection 7A(1). This will allow the Home Affairs Minister to specify different persons and bodies to perform certain functions of the Communications Security Coordinator as appropriate. The Minister's instruments will provide clarity as to which functions will be performed by which persons, classes of persons, or bodies. These legislative instruments will be subject to parliamentary scrutiny including possible disallowance.

153. Subsection 7A(3) provides that the Home Affairs Minister must only specify a person or class of persons in an instrument made under subsection 7A(2) if the person is an APS employee, or the class consists wholly of APS employees, in the Home Affairs Department. This ensures that the persons or classes of persons specified and exercising these functions are only comprised of persons in the department administered by the Home Affairs Minister .

154. Subsection 7A(4) provides that an instrument made by the Home Affairs Minister under subsection 7A(2) must specify the functions or powers of a Communications Security Coordinator under the Telecommunications Act or any other Act that a person or body, or a class of persons or bodies, specified in the instrument may perform or exercise. This ensures that the Home Affairs Minister must specify with sufficient clarity in the instrument what functions or powers persons or bodies, or classes of persons or bodies are permitted to perform or exercise. .

155. Subsection 7A(5) provides that a person or body, or a class of persons or bodies, specified in an instrument made under subsection 7A(2) may only perform the functions or exercise the powers specified in that instrument in relation to that person or body, or class of persons or bodies.

Item 4 Section 53A (heading)

156. This item would omit "Co-ordinator" and substitutes "Coordinator" in section 53A of the Telecommunications Act.

157. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 5 Subsections 53A(1) and (2)

158. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsections 53A(1) and (2) of the Telecommunications Act.

159. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

160. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 6 Section 56A (heading)

161. This item would omit "Co-ordinator" and substitutes "Coordinator" in the heading of section 56A of the Telecommunications Act.

162. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 7 Subsection 56A(1)

163. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsection 56A(1) of the Telecommunications Act.

164. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

165. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 8 Subsection 56A(2)

166. This item would omit "the Communications Access Co-ordinator may give a written notice to the ACMA, stating that the Communications Access Co-ordinator does not require any further consultation about the application" and substitutes "a Communications Access Coordinator may give a written notice to the ACMA, stating that no further consultation about the application is required" in subsection 56A(2) of the Telecommunications Act.

167. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

168. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 9 Subsection 56A(2) (note)

169. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in the note to subsection 56A(2) of the Telecommunications Act.

170. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

171. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 10 Subsections 56A(3) and (4)

172. This item would omit "the Communications Access Co-ordinator" with "a Communications Access Coordinator" wherever occurring in subsections 56A(3) and (4) of the Telecommunications Act.

173. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

174. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 11 Subsections 56A(5) and (6)

175. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsections 56A(5) and (6) of the Telecommunications Act.

176. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

177. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 12 Subsection 56A(6)

178. This item would omit "it has revoked" and substitutes "a Communications Access Coordinator has revoked" in subsection 56A(6) of the Telecommunications Act.

179. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Item 13 Subsection 56A(7)

180. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsection 56A(7) of the Telecommunications Act.

181. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

182. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 14 Subsection 59(8) (note to the definition of application day )

183. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" to note the definition of "application day" at subsection 59(8) of the Telecommunications Act.

184. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

185. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Items 15-21 Subsection 314A(2B), Subsection 314A(3), Subsections 314A(4) to (5A), Subsection 314A(5B), Subsection 314A(5C), Paragraph 314B(1)(a), Paragraph 314B(1)(b) and Subsection 314B(1)

186. These items would omit "the Communications Access Co-ordinator" or "the Co-ordinator" and substitute "a Communications Security Coordinator" where relevant in Part 14 of the Telecommunications Act.

187. These amendments will transfer responsibility for the exercise of these functions from the Communications Access Co-ordinator to the Communications Security Coordinator. The Communications Security Coordinator is established under new section 7A of the Telecommunications Act as the Secretary of the Home Affairs Department, or persons or bodies covered by an instrument made by the Home Affairs Minister under subsection 7A(2). This ensures that functions under Part 14 of the Telecommunications Act are carried out by the Home Affairs Department.

188. These amendments also reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Security Coordinator.

Item 22 Subsection 314B(1)

189. This item would omit "the Co-ordinator requires" and substitutes "that is required" in subsection 314B(1) of the Telecommunications Act.

190. This amendment is required to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Security Coordinator.

Items 23-34 Subsection 314B(2), Paragraph 314B(3)(a), Subsection 314B(3), Subsection 314B(4), Paragraph 314B(5)(a), Subsection 314B(5), Subsection 314B(6), Subsection 314C(1), Subsection 314C(5), Paragraph 314D(1)(a), Paragraph 314D(1)(b), Paragraph 314D(1)

191. These items would omit "the Communications Access Co-ordinator" or "the Co-ordinator" and substitute "a Communications Security Coordinator" where required in Part 14 of the Telecommunications Act.

192. These amendments will transfer responsibility for the exercise of these functions from the Communications Access Coordinator to the Communications Security Coordinator. The Communications Security Coordinator is established under new section 7A of the Telecommunications Act as the Secretary of the Home Affairs Department, or persons or bodies covered by an instrument made by the Home Affairs Minister under subsection 7A(2). This ensures that functions under Part 14 of the Telecommunications Act are carried out by the Department of Home Affairs under existing Administrative Arrangements Orders.

193. These amendments also reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Security Coordinator.

Item 35 Subsection 314D(1)

194. This item would omit "the Co-ordinator requires" and substitutes "that is required" in subsection 314D(1) of the Telecommunications Act.

195. This amendment is required to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Security Coordinator.

Items 36-48 Subsection 314D(2), Paragraph 314D(3)(a), Subsection 314D(3), Subsection 314D(4), Paragraph 314D(5)(a), Subsection 314D(5), Paragraphs 314D(6)(a) and (b), Subparagraph 315J(1A)(c)(i), Subparagraphs 315J(1A)(c)(ii) and (iii), Subparagraph 315J(1A)(d)(i), Subparagraphs 315J(1A)(d)(ii) and (iii), Subparagraph 315J1A(e)(i) and Subparagraphs 315J(1A)(e)(ii) and (iii)

196. These items would omit "the Communications Access Co-ordinator" or "the Co- ordinator" and substitute "a Communications Security Coordinator" where required in Part 14 of the Telecommunications Act.

197. These amendments will transfer responsibility for the exercise of these functions from the Communications Access Coordinator to the Communications Security Coordinator. The Communications Security Coordinator is established under new section 7A of the Telecommunications Act as the Home Affairs Secretary or persons or bodies covered by an instrument made by the Home Affairs Minister under subsection 7A(2). This ensures that functions under Part 14 of the Telecommunications Act are carried out by the Department of Home Affairs under existing Administrative Arrangements Orders.

198. These amendments also reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Security Coordinator.

Items 49-54 Subsection 317ZC(2), Subsections 317ZD(2) and 317ZE(2), Subsection 317ZF(6), Subsection 317ZF(10), Subsection 317ZF(11) and Subsection 317ZF(12)

199. These items would omit "the Communications Access Co-ordinator" and substitute "a Communications Access Coordinator" in Part 15 of the Telecommunications Act.

200. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

201. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Item 55 Subsection 317ZF(12A) (heading)

202. This item would replace a reference to "Co-ordinator" with "Coordinator" in the heading of section 317ZF(12A) of the Telecommunications Act.

203. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Items 56-57 Subsection 317ZF(12A) and Subparagraphs 317ZL(2)(b)(ii) and (3)(b)(ii)

204. These items would omit "the Communications Access Co-ordinator" and substitute "a Communications Access Coordinator" in Part 15 of the Telecommunications Act.

205. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

206. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected in the Telecommunications Act to reflect modern spelling.

Telecommunications (Interception and Access) Act 1979

Item 58 Subsection 5(1)

207. This item would insert a definition of Attorney-General's Department in subsection 5(1) of the TIA Act.

208. The amendment provides that the Attorney-General's Department means the Department administered by the Attorney-General. This definition provides clarity that the role of Communications Access Coordinator in section 6R of the TIA Act is held by the Secretary of the Department administered by the Attorney-General.

Item 59 Subsection 5(1) (definition of Communications Access Co-ordinator)

209. This item would repeal the definition of "Communications Access Co-ordinator" and substitutes "Communications Access Coordinator". The definition provides that "Communications Access Coordinator" has the meaning given by section 6R of the TIA Act.

210. This amendment is necessary to reflect that this Bill is removing the hyphen in the title of "Communications Access Coordinator" from section 6R of the TIA Act to reflect modern spelling.

Item 60 Section 6R (heading)

211. This item would omit "Communications Access Co-ordinator" and substitutes "Communications Access Coordinator" in the heading of Section 6R of the TIA Act.

212. This amendment is necessary to reflect that this Bill is removing the hyphen in the title of "Communications Access Coordinator" from section 6R of the TIA Act to reflect modern spelling.

Item 61 Subsection 6R(1) (definition of Communications Access Co-ordinator )

213. This item would repeal the definition of "Communications Access Co-ordinator" and substitutes a definition of "Communications Access Coordinator" at subsection 6R(1) of the TIA Act.

214. This amendment removes the hyphen in the title of "Communications Access Coordinator" from section 6R of the TIA Act to reflect modern spelling.

215. Subsection 6R(1) continues to provide the definition of Communications Access Coordinator in the TIA Act. The definition is also referenced in section 7 of the Telecommunications Act, as the Communications Access Coordinator continues to perform functions under that Act.

216. Paragraph 6R(1)(a) provides that the Communications Access Coordinator includes the Secretary of the Attorney-General's Department. Paragraph 6R(1)(b) provides that the Communications Access Coordinator may also be a person or body covered by an instrument made by the Attorney-General under subsection 6R(2).

Item 62 Subsection 6R(2)

217. This item would repeal subsection 6R(2) of the TIA Act and substitute new subsections 6R(2), (2A), (2B) and (2C).

218. Subsection 6R(2) provides that the Attorney-General may, by legislative instrument, specify one or more persons or bodies, or one or more classes of persons or bodies, for the purposes of paragraph (b) of the definition of "Communications Access Coordinator" in subsection 6R(1). This will allow the Attorney-General to approve different persons and bodies to perform certain functions of the Communications Access Coordinator (CAC) as appropriate. CAC functions vary greatly from making decisions that affect carriers' legal obligations, to certain routine and administrative tasks that are high volume and low impact. Given the mix of complexity and sensitivity in CAC functions, it has been standard practice for Executive Level staff to perform the more routine functions through an internal departmental authorisation.

219. The amendments introduced by new subsection 6R(2) will allow for comprehensive delegation of CAC powers through the execution of instruments by the Attorney- General. The Attorney-General has previously agreed to limit some delegations for more complex functions to SES level, while administrative and routine CAC functions will be undertaken by Executive Level staff. The Attorney-General's instruments will provide clarity on the level at which certain functions will be carried out. These instruments will be subject to parliamentary scrutiny including possible disallowance.

220. Under new subsection 6R(2), it would be open for the Attorney-General to require the persons or bodies specified in the legislative instrument to have particular training, skills or experience. However, due to the broad scope of functions this is not proposed. Rather, staff with delegated functions will be supported with on the job training and professional development, and the department will continue the current practice of consulting relevant law enforcement and security agencies for specialist advice to inform delegated decision making.

221. Subsection 6R(2A) provides that the Attorney-General must only specify a person or class of persons in an instrument made under subsection 6R(2) if the person is an APS employee, or the class consists wholly of APS employees, in the Attorney-General's Department. This ensures that the persons or classes of persons that are specified and exercising these functions are only comprised of persons in the department of state administered by the Attorney-General.

222. Subsection 6R(2B) provides that an instrument made by the Attorney-General under subsection 6R(2) must specify the functions or powers of a Communications Access Coordinator under the TIA Act or any other Act that a person or body, or a class of persons or bodies, specified in the instrument may perform or exercise. This ensures that the Attorney-General must specify in the instrument what functions or powers persons, classes of persons, or bodies are permitted to perform or exercise. This will ensure the instruments provide clarity and transparency in relation to decision-makers performing functions of the Communications Access Coordinator in the Attorney- General's Department.

223. Subsection 6R(2C) provides that a person or body, or a class of persons or bodies, specified in an instrument made under subsection 6R(2) may only perform the functions or exercise the powers specified in that instrument in relation to that person or body, or class of persons or bodies. This provides certainty that any person or body that the Attorney-General has specified may only perform the functions or exercise the powers specified.

Item 63 Subsection 6R(3)

224. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsection 6R(3) of the TIA Act.

225. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

226. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 64 Subsection 6R(3)

227. This item would omit "the Co-ordinator" and substitutes "the Coordinator" in subsection 6R(3) of the TIA Act.

228. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 65-66 Subsection 183(2) and Subsection 183(3)

229. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" and substitute "a Communications Access Coordinator" where required.

230. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

231. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 67 Subsection 183(3)

232. This item would omit "making a determination" and substitutes "a determination is made" in subsection 183(3) of the TIA Act.

233. This amendment is required to reflect that more than one person or body may be specified and carry out a particular function of the Communications Access Coordinator.

234. It ensures one Communications Access Coordinator may consult the ACMA and the Information Commissioner, and a different Communications Access Coordinator may make the determination.

Item 68 Subsection 187B(2)

235. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsection 187B(2) of the TIA Act.

236. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

237. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 69 Subsection 187B(2A)

238. This item would omit "making the declaration, the Communications Access Co- ordinator" and substitutes "a declaration is made, a Communications Access Coordinator" in subsection 187B(2A) of the TIA Act.

239. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

240. It ensures that one Communications Access Coordinator may consult the Privacy Commissioner, and a different Communications Access Coordinator may make the determination.

241. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 70 Subsection 187B(3)

242. This item would omit "the declaration, the Communications Access Co-ordinator" and substitutes "a declaration, a Communications Access Coordinator" in subsection 187B(3) of the TIA Act.

243. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

244. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 71 Paragraph 187B(3)(c)

245. This item would omit "Communications Access Co-ordinator" and substitutes "Coordinator" in paragraph 178B(3)(c) of the TIA Act.

246. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 72 Subsection 187B(6)

247. This item would omit "making a declaration under subsection (2), the Communications Access Co-ordinator" and substitutes "a declaration is made under subsection (2), a Communications Access Coordinator" in subsection 187B(6) of the TIA Act.

248. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

249. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 73 Subsections 187E(1) and 187F(1)

250. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsections 187E(1) and 187F(1) of the TIA Act.

251. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

252. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 74 Subsection 187F(2)

253. This item would omit "Communications Access Co-ordinator" and substitutes "Coordinator" in paragraph 187F(2) of the TIA Act.

254. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 75 Paragraph 187F(2)(c)

255. This item would omit "Co-ordinator receives the application" and substitutes "application is received" in paragraph 187F(2)(c) of the TIA Act.

256. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

257. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 76 Paragraphs 187F(2)(f)

258. This item would omit "Co-ordinator" and substitutes "Coordinator" in paragraph 187F(2)(f) of the TIA Act.

259. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 77-87 Subsection 187F(3), Subsection 187F(3), Subsection 187F(4), Subsection 187G(1), Paragraphs 187G(1)(a) and (b), Subsection 187G(1), Paragraph 187G(2)(a), Paragraph187G(2)(b), Subsection 187G(2), Paragraph 187G(3)(a) and Subsection 187G(4)

260. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

261. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

262. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 88 Subsection 187G(6) (heading)

263. This item would omit "Co-ordinator" and substitutes "Coordinator" in the heading of subsection 187G(6) of the TIA Act.

264. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 89-93 Subsection 187G(6), Paragraph 187G(6)(a), Paragraphs 187H(1)(a) and 187J(1)(a), Paragraphs 187H(1)(a) and 187J(1)(a), Paragraphs 187J(1)(a) and (b) and Subparagraphs 187J(3)(a)(i) and (ii)

265. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

266. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

267. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 94 Section 187K (heading)

268. This item would omit "the Communications Access Co-ordinator" and substitutes "Communications Access Coordinator" in the heading of subsection 187K of the TIA Act.

269. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 95-98 Subsection 187K(1), Subsection 187K(5), Paragraphs 187K(5)(a) and (b) and Subsection 187K(6)

270. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

271. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

272. These amendments also ensure the change in name of "Communications Access Co- ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 99 Subsection 187K(7)

273. This item would omit "making" and substitutes "a Communications Access Coordinator makes" in subsection 187K(7) of the TIA Act.

274. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Item 100 Subsections 187K(7) and (8)

275. This item would omit "Communications Access Co-ordinator" and substitutes "Coordinator" in subsections 187K(7) and (8) of the TIA Act.

276. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

277. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 101-103 Subsection 187KA(2), Paragraph 187KA(3)(a) and Subsection 187L(1)

278. These items would omit "the Communications Access Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

279. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

280. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 104 Subsection 187L(1)

281. This item would omit "the Co-ordinator" and substitutes "Coordinator" in subsections subsection 187L(1) of the TIA Act.

282. This amendment ensures the change in name of 'Communications Access Co-ordinator' to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 105 Paragraph 187L(1)(b)

283. This item would insert "another Communications Access Coordinator" after "other than" in paragraph 187L(1)(b).

284. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Item 106-107 Paragraph 187L(1A)(b) and Subsection 187L(2)

285. These would items omit "the Communications Access Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

286. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

287. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 108 Paragraph 187L(2)(b)

288. This item would insert "(other than a Communications Access Coordinator)" after "body" in paragraph 187L(2)(b).

289. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Items 109-112 Paragraph 188(1)(b), Subsection 188(2), Subsections 188(3) and (4) and Paragraphs 188(8)(d) and (9)(c) and (e)

290. These items would omit "the Communications Access Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

291. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

292. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 113 Section 192 (heading)

293. This item would omit "the Communications Access Co-ordinator" and substitutes "Communications Access Coordinator" in the heading of subsection 192 of the TIA Act.

294. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 114-117 Subsection 192(1), Paragraph 192(5)(a), Subsection 192(5) and

Subsection 192(6)

295. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

296. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

297. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 118 Subsection 192(7)

298. This item would omit "giving" and substitutes "a Communications Access Coordinator gives" in subsection 192(7) of the TIA Act.

299. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Item 119 Subsections 192(7) and (8)

300. This item would omit "Communications Access Co-ordinator" and substitutes "Coordinator" in subsections 192(7) and (8) of the TIA Act.

301. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 120-129 Subsection 196(1), Paragraph 196(1)(b), Subsection 196(1) (note), Subsection 196(2), Subsection 196(3), Subsection 197(1), Paragraph 197(1)(b), Subsection 197(1) (note), Subsection 197(2) and Subsections 197(3) and 198(1)

302. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

303. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

304. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 130 Subsection 198(1)

305. This item would omit "the Co-ordinator must, within 60 days of receiving the plan" and substitutes "a Communications Access Coordinator must, within 60 days of the plan being received" in subsection 198(1) of the TIA Act.

306. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Items 131-142 Paragraph 198(1)(b), Subsection 198(2), Subsection 198(2), Paragraph 198(3)(a), Subsection 198(3), Paragraph 198(4)(a), Subsection 198(5), Paragraph 198(7)(b), Paragraph 199(a), Paragraph 199(b), Paragraph 201(1)(b) and Section 202

307. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

308. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

309. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 143 Section 202

310. This item would omit "the Co-ordinator" and substitutes "the Coordinator" in section 202 of the TIA Act.

311. This amendment ensures the change in name of 'Communications Access Co-ordinator' to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 144-147 Paragraph 202A(b), Subsection 202B(3), Subsection 202B(5),

312. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

313. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

314. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 148 Subsection 202B(5)

315. This item would omit "the Co-ordinator" (second occurring) and substitutes "a Communications Access Coordinator of the proposed change" in subsection 202B(5) of the TIA Act.

316. Subsection 202B(5) allows a carrier or nominated carriage service provider to proceed with a proposed change to a telecommunications service or system if the carrier or nominated carriage service provider has notified the Communications Access Coordinator of the proposed change and has not received a notification in response within 30 days.

317. This amendment will ensure there is clarity that the notifications to be made by the Communications Access Coordinator are in relation to a proposed change to a telecommunications service or system, required to be notified under subsection 202B(3).

318. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 149 Paragraph 202B(6)(a)

319. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" at paragraph 202B(6)(a) of the TIA Act.

320. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

321. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 150 Paragraph 202B(6)(a)

322. This item would omit "the Co-ordinator" and substitutes "a Communications Access Coordinator of the proposed change" in paragraph 202B(6)(a) of the TIA Act.

323. This amendment ensures there is clarity that the notifications made by the Communications Access Coordinator referred to in this paragraph are in relation to a proposed change to a telecommunications service or system, required to be notified under subsection 202B(3).

324. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 151-153 Paragraph 202B(6)(b), Subsection 202B(7) and Subsection 202B(7)

325. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

326. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

327. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 154 Section 202C (heading)

328. This item would omit "Co-ordinator" and substitutes "Coordinator" in the heading of section 202C of the TIA Act.

329. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Items 155-157 Subsection 202C(1), Subsection 202C(1) and Subsection 202C(2)

330. These items would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

331. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

332. These amendments also ensure the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 158 Section 203 (heading)

333. This item would omit "Co-ordinator" and substitutes "Coordinator" in the heading of section 203 of the TIA Act.

334. This amendment ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 159 Subsections 203(1) and (3)

335. This item would omit "the Communications Access Co-ordinator" and "the Co-ordinator" where occurring and substitute "a Communications Access Coordinator".

336. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

337. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Item 160 Subsection 203(3)

338. This item would omit "making a determination" and substitutes "a determination is made" in subsection 203(3) of the TIA Act.

339. This amendment is necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

Item 161 Subclause 126(2) of Schedule 1

340. This item would omit "the Communications Access Co-ordinator" and substitutes "a Communications Access Coordinator" in subsection 6R(3) of the TIA Act.

341. These amendments are necessary to reflect that more than one person or body, or classes of persons or bodies, may be specified and carry out a particular function of the Communications Access Coordinator.

342. This amendment also ensures the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act is reflected throughout the TIA Act to reflect modern spelling.

Part 2 - Application, savings and transitional provisions

Division 1 - Telecommunications Act 1997

Item 162 General application - Telecommunications Act 1997

343. This item provides that, subject to this division, the amendments made by Schedule 2 of this Bill to the Telecommunications Act apply in relation to an exercise of power or the performance of a function or duty by a Communications Access Coordinator or a Communications Security Coordinator under that Act on or after the commencement of this Schedule.

Item 163 Carrier licence procedures - Telecommunications Act 1997

344. This item provides that carrier licence applications, consultations undertaken under section 56A, and notices received and given by the Communications Access Co-ordinator under section 56A prior to the commencement of the schedule are taken to have been received, undertaken and given by the Communications Access Coordinator.

345. This provision is necessary due to the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act.

Item 164 National interest matter instruments - Telecommunications Act 1997

346. This item provides that an instrument under subsections 314A(2B) or 314C(5) of the Telecommunications Act made by the Communications Access Co-ordinator prior to commencement of the Schedule, and that is in force immediately before that commencement, is taken to have been made by a Communications Security Coordinator and continues to be in force after the commencement of this schedule.

Item 165 Notices in relation to national interest matters - Telecommunications Act 1997

347. This item provides that a notice made by the Communications Access Co-ordinator under subsection 314A(4), (5) or (5B), 314B(1), (3) or (5) or 314D(1), (3) or (5) of the Telecommunications Act prior to the commencement of the Schedule, and that is in force immediately before that commencement, is taken to have been made by a Communications Security Coordinator and continues to be in force after the commencement of this schedule.

Item 166 Other actions in relation to national interest matters -

Telecommunications Act 1997

348. This item provides that notices under subsection 314A(3), security capability plans, and applications for an exemption under subsection 314(5A), given or made to the Communications Access Co-ordinator prior to commencement of the Schedule is taken to have been given to a Communications Security Coordinator for consideration. Applications refused by the Communications Access Co-ordinator prior to the commencement of this schedule are also taken to have been refused by the Communications Security Coordinator on and after that commencement.

349. This item also provides that an application made to the Administrative Appeals Tribunal before the commencement of this schedule under subsection 314A(5C) of the Telecommunications Act for review of a decision of the Communications Access Co-ordinator is taken, on and after the commencement, to be an application for review of a decision of the Communications Security Coordinator.

Item 167 Annual report - Telecommunications Act 1997

350. This item provides that for the annual report for the financial year ending on 30 June 2024, references to the Communications Security Coordinator are also taken to include a reference to the Communications Access Coordinator.

351. This ensures that statistics provided as part of the annual report do not omit activity undertaken by the Communications Access Coordinator prior to the commencement of this schedule.

Item 168 Industry assistance - Telecommunications Act 1997

352. This item provides that powers, functions or duties performed by the Communications Access Co-ordinator under Part 15 of the Telecommunications Act prior to the commencement of the schedule are taken to have exercised given by the Communications Access Coordinator on that day, even after the commencement of this schedule.

353. This provision is necessary due to the change in name of "Communications Access Co-ordinator" to "Communications Access Coordinator" in section 6R of the TIA Act.

Item 169 Enforcement applications - Telecommunications Act 1997

354. This item provides that if, before the commencement of this Schedule, the Communications Access Co-ordinator was an applicant under the Regulatory Powers (Standard Provisions) Act 2014 for a civil penalty, enforcement of an undertaking or an injunction in relation to 317ZB of the Telecommunications Act, the Communications Access Co-ordinator is substituted for the Communications Access Coordinator as the applicant on and after that commencement.

355. It also provides that a thing done by the Communications Access Co-ordinator before the commencement of this Schedule as an authorised person in relation to section 317ZB of the Telecommunications Act for the purposes of Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 is taken, on and after that commencement, to have been done by the Communications Access Coordinator as an authorised person.

Division 2 - Telecommunications (Interception and Access) Act 1979

Item 170 General application - Telecommunications (Interception and Access) Act 1979

356. This item provides that subject to this Division, the amendments of the TIA Act made by Schedule 2 of this Bill apply in relation to an exercise of power or the performance of a function or duty by a Communications Access Coordinator under that Act on and after the commencement of this Schedule.

Item 171 Specification instruments - Telecommunications (Interception and Access) Act 1979

357. This item provides that the amendments of section 6R of the TIA Act made by this Schedule apply in relation to instruments made under that section on or after the commencement of this Schedule.

Item 172 Section 183 determinations - Telecommunications (Interception and Access) Act 1979

358. This item provides that a determination made by the Communications Access Co-ordinator under subsection 183(2) of the TIA Act prior to commencement of the Schedule is taken to have been made by a Communications Access Communicator and continues to be in force.

359. The item also provides that if, before the commencement of this Schedule, the Communications Access Co-ordinator consulted the ACMA and the Information Commissioner under subsection 183(3) of the TIA Act in relation to a proposed determination under subsection 183(2) of that Act; and that determination had not been made by the Co-ordinator; then, on and after that commencement, the Communications Access Coordinator is taken to have so consulted.

Item 173 Other decisions - Telecommunications (Interception and Access) Act 1979

360. This item provides that the declarations, decisions and determinations listed under subsection 172(2) of the Schedule made by the Communications Access Co-ordinator prior to commencement of the Schedule are taken to have been made by a Communications Access Coordinator.

Item 174 Co-operation with agencies - Telecommunications (Interception and Access) Act 1979

361. This item provides that if, before the commencement of this Schedule, a power was exercised or a function or duty was performed by the Communications Access Co- ordinator under Chapter 5 of the TIA Act on a day, then, on and after that commencement, a Communications Access Coordinator is taken to have exercised the power or performed the function or duty on that day.

Item 175 Civil penalty proceedings - Telecommunications (Interception and Access) Act 1979

362. This item provides that if, immediately before the commencement of this Schedule, the Communications Access Co-ordinator was an applicant for a civil penalty under the Regulatory Powers (Standard Provisions) Act 2014 in relation to a provision of Part 8 of Schedule 1 to the TIA Act, the Communications Access Coordinator is substituted for the Communications Access Co-ordinator as the applicant on and after that commencement.

SCHEDULE 5 - INFORMATION SHARING BETWEEN INTEGRITY AGENCIES AND OVERSIGHT BODIES

Telecommunications (Interception and Access) Act 1979

Item 1 Subsection 5(1) (paragraph (d) of the definition of certifying officer )

363. This item would omit 'Crime Commission' (wherever occurring) from paragraph 5(1)(d) of the definition of certifying officer , and substitutes this with 'Crime Commission (NSW)'.

364. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 2 Subsection 5(1) (paragraph (e) of the definition of certifying officer )

365. This item would omit 'Independent Commission Against Corruption' (wherever occurring) from paragraph 5(1)(e) of the definition of certifying officer, and substitutes this with 'Independent Commission Against Corruption (NSW)'.

366. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 3 Subsection 5(1) (paragraph (ea) of the definition of certifying officer )

367. This item would omit 'IBAC' (wherever occurring) from paragraph 5(1)(ea) of the definition of certifying officer , and substitutes this with 'IBAC (Vic.)'.

368. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 4 Subsection 5(1) (paragraph (f) of the definition of certifying officer )

369. This item would omit 'Crime and Corruption Commission' from paragraph 5(1)(f) of the definition of certifying officer , and substitutes this with 'Crime and Corruption Commission (Qld)'.

370. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 5 Subsection 5(1) (subparagraph (f)(i) of the definition of certifying officer )

371. This item would amend subparagraph 5(1)(f)(i) of the definition of certifying officer to refer to 'the chairperson' and include '(Qld)' following reference to Crime and Corruption Act.

372. This will ensure there is consistency with the terms used between the Crime and Corruption Act (Qld) and the TIA Act, and distinguish the Crime and Corruption Act (Qld) from similarly named legislation in other jurisdictions.

Item 6 Subsection 5(1) (subparagraph (f)(ii) of the definition of certifying officer )

373. This item would omit 'Crime and Corruption Act' from subparagraph 5(1)(f)(ii) of the definition of certifying officer , and substitutes this with 'Crime and Corruption Act (Qld)'.

374. The amendment ensures the definition distinguishes the Crime and Corruption Act (Qld) from similarly named legislation in other jurisdictions.

Item 7 Subsection 5(1) (paragraph (g) of the definition of certifying officer )

375. This item would omit 'Law Enforcement Conduct Commission' from paragraph 5(1)(g) of the definition of certifying officer , and substitutes this with 'Law Enforcement Conduct Commission (NSW)'.

376. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 8 Subsection 5(1) (subparagraphs (g)(i), (ii) and (iii) of the definition of certifying officer )

377. This item would omit 'Commission' from subparagraphs 5(1)(g)(i), (ii) and (iii) of the definition of certifying officer , and substitutes this with 'Law Enforcement Conduct Commission (NSW)'.

378. The purpose of this amendment is to add the full title of the agency to ensure the definition refers to the Law Enforcement Conduct Commission (NSW). This will provide consistency in the naming convention of oversight and integrity agencies throughout the TIA Act.

Item 9 Subsection 5(1) (paragraph (i) of the definition of certifying officer )

379. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 5(1)(i) of the definition of certifying officer , and substitutes this with 'Corruption and Crime Commission (WA)'.

380. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 10 Subsection 5(1) (paragraph (d) of the definition of chief officer )

381. This item would omit 'Crime Commission' (wherever occurring) from paragraph 5(1)(d) of the definition of chief officer , and substitutes this with 'Crime Commission (NSW)'.

382. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 11 Subsection 5(1) (paragraphs (e) and (ea) of the definition of chief officer )

383. This item would omit 'Independent Commission Against Corruption' (wherever occurring) from paragraphs 5(1)(e) and (ea) of the definition of chief officer , and substitutes this with 'Independent Commission Against Corruption (NSW)'.

384. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 12 Subsection 5(1) (paragraph (eb) of the definition of chief officer )

385. This item would omit 'IBAC' (wherever occurring) from paragraph 5(1)(eb) of the definition of chief officer , and substitutes this with 'IBAC (Vic.)'.

386. The amendment ensures the definition distinguishes the Victorian Independent Broad- based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 13 Subsection 5(1) (paragraph (f) of the definition of chief officer )

387. This item would amend subparagraph 5(1)(f) of the definition of chief officer to refer to 'the chairperson' and include '(Qld)' following reference to the Crime and Corruption Act.

388. The amendment ensures the definition refers to the Crime and Corruption Act (Qld), and the correct role within that Act. The effect of this is to ensure there is consistency with the terms of reference between the Crime and Corruption Act (Qld) and the Act, and to distinguish the Crime and Corruption Act (Qld) from similarly named legislation in other jurisdictions.

Item 14 Subsection 5(1) (paragraphs (h) to (k) of the definition of chief officer )

389. This item would repeal paragraphs 5(1)(h)-(k) of the definition of chief officer for the Law Enforcement Conduct Commission (NSW), the Inspector of the Law Enforcement Conduct Commission (NSW) and the Corruption and Crime Commission (WA), and substitutes this with the full title of the relevant oversight and integrity agency and the relevant jurisdiction of each agency.

390. The amendment ensures the definition refers to the oversight and integrity agencies to provide consistency in the naming convention of oversight and integrity agencies throughout the TIA Act, and to distinguish these agencies from similarly named agencies in other jurisdictions.

Item 15 Subsection 5(1) (paragraph (l) of the definition of chief officer )

391. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 5(1)(l) of the definition of chief officer , and substitutes this with 'Corruption and Crime Commission (WA)'.

392. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 16 Subsection 5(1) (after paragraph (la) of the definition of chief officer )

393. This item would insert new paragraph 5(1)(lb) to the definition of chief officer , to add the Inspector of the Independent Commission Against Corruption (SA) to the definition.

394. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the definition of 'chief officer' is required as a chief officer may need to communicate interception information or interception warrant information if the information relates, or appears to relate, to a permitted purpose of the Inspector of the Independent Commission Against Corruption (SA). This amendment also ensures greater consistency between jurisdictions in regards to their oversight bodies of integrity agencies' functions under the TIA Act.

395. Previously the South Australia Independent Commissioner Against Corruption was comprised of a Commissioner and staff employed by the Commissioner. The oversight body is now the Commission, with a Commissioner serving as its principal officer. The inclusion of the South Australia Inspector of the Independent Commission Against Corruption in the TIA Act specifies the entirety of its oversight functions to enable it to lawfully receive interception information and interception warrant information.

Item 17 Subsection 5(1) (paragraph (b) of the definition of Commissioner )

396. This item would amend paragraph 5(1)(b) of the definition of Commissioner , to reference 'commissioner' and to include '(Qld)' following 'Crime and Corruption Commission' and 'Crime and Corruption Act'.

397. The amendment distinguishes the Queensland Crime and Corruption Commission, the role of its commissioner, and the Crime and Corruption Act from similarly named agencies in other jurisdictions.

Item 18 Subsection 5(1)

398. This item would repeal the definitions of Corruption and Crime Commission and Corruption and Crime Commission Act from subsection 5(1).

399. These definitions are made redundant by the amendments made in items 19 to 25, and are no longer required.

Item 19 Subsection 5(1)

400. This item would insert the definition of Corruption and Crime Commission ( WA ) under subsection 5(1), specifically referencing section 8 of the Corruption, Crime and Misconduct Act 2003 (WA) where that term is defined, and includes the relevant jurisdiction of the agency.

401. The amendment ensures the definition refers to the Corruption and Crime Commission (WA) as defined in the Corruption, Crime and Misconduct Act (WA). The amendment will ensure consistency with definitions between the Corruption, Crime and Misconduct Act (WA) and the TIA Act, and to distinguish the Western Australia Corruption and Crime Commission from other similarly named agencies in other jurisdictions.

402. This item would also insert the definition of Corruption, Crime and Misconduct Act ( WA ) in subsection 5(1) as meaning the Corruption, Crime and Misconduct Act (WA).

403. The amendment ensures the definition refers to the correct title of the relevant state legislation.

Item 20 Subsection 5(1) (definition of Crime and Corruption Act )

404. This item would repeal the definition of Crime and Corruption Act in subsection 5(1) and substitutes this with Crime and Corruption Act (Qld).

405. The purpose of this amendments is to ensure the definition distinguishes the Crime and Corruption Act (Qld) from similarly named legislation in other jurisdictions.

Item 21 Subsection 5(1) (definition of Crime and Corruption Commission )

406. This item would repeal the definition of Crime and Corruption Commission under subsection 5(1) and substitutes this with Crime and Corruption Commission (Qld) to specifically reference section 7 of the Crime and Corruption Act (Qld) where that term is defined, and include the relevant jurisdiction of the agency.

407. The amendment ensures the definition refers to the Crime and Corruption Commission as defined in the Crime and Corruption Act (Qld). The amendment ensures consistency with definitions between the Crime and Corruption Act (Qld) and the TIA Act, and distinguishes the Queensland Crime and Corruption Commission from other similarly named agencies in other jurisdictions.

Item 22 Subsection 5(1) (definition of Crime Commission )

408. This item would repeal the definition of Crime Commission under subsection 5(1) to enable it to be replaced with a new definition.

409. This definition is made redundant by the amendments made by items 19 to 21, and items 23 to 25, and is no longer required.

Item 23 Subsection 5(1) (definition of Crime Commission Act )

410. This item would repeal the definition of Crime Commission Act under subsection 5(1) and substitutes this with a definition of 'Crime Commission Act (NS W)' with reference to the Crime Commission Act 2012 (NSW).

411. The amendment ensures the definition refers to the current enabling legislation for the New South Wales Crime Commission and to distinguish the Crime Commission Act (NSW) from other similarly named legislation in other jurisdictions.

Item 24 Subsection 5(1)

412. This item would insert the definition of Crime Commission (NSW) under subsection 5(1), specifically referencing section 7 of the Crime Commission Act (NSW) where that term is defined, and includes the relevant jurisdiction of the agency.

413. The amendment ensures the definition refers to the Crime Commission (NSW) as defined in the Crime Commission Act (NSW).

Item 25 Subsection 5(1) (paragraph (a) of the definition of deputy PIM )

414. This item would omit 'Crime and Corruption Act 2001 of Queensland' from paragraph 5(1)(a), of the definition of deputy PIM and substitutes this with 'Crime and Corruption Act (Qld)'.

415. The amendment ensures the definition of deputy PIM refers to the Crime and Corruption Act (Qld) to provide consistency with the naming convention of oversight and integrity agencies throughout the TIA Act.

Item 26 Subsection 5(1) (subparagraph (b)(i) of the definition of eligible authority )

416. This item would omit 'Crime Commission' from subparagraph 5(1)(b)(i) of the definition of eligible authority and substitutes this with 'Crime Commission (NSW)'.

417. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 27 Subsection 5(1) (subparagraphs (b)(ii) and (iii) of the definition of eligible authority )

418. This item would omit 'Independent Commission Against Corruption' from subparagraphs 5(1)(b)(ii) and (iii) of the definition of eligible authority , and substitutes this with 'Independent Commission Against Corruption (NSW)'.

419. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from other similarly named agencies in other jurisdictions.

Item 28 Subsection 5(1) (subparagraphs (b)(iv) and (v) of the definition of eligible authority )

420. This item would omit 'Law Enforcement Conduct Commission' from subparagraphs 5(1)(b)(iv) and (v) of the definition of eligible authority , and substitutes this with 'Law Enforcement Conduct Commission (NSW)'.

421. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from other similarly named agencies in other jurisdictions.

Item 29 Subsection 5(1) (paragraph (ba) of the definition of eligible authority )

422. This item would omit 'IBAC' from paragraph 5(1)(ba) of the definition of eligible authority , and substitutes this with 'IBAC (Vic.)'.

423. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 30 Subsection 5(1) (paragraph (c) of the definition of eligible authority )

424. This item would repeal paragraph 5(1)(c) of the definition of eligible authority and substitutes it with reference to the jurisdiction of the Crime and Corruption Commission (Qld).

425. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from other similarly named agencies in other jurisdictions.

Item 31 Subsection 5(1) (paragraph (d) of the definition of eligible authority )

426. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 5(1)(d) of the definition of eligible authority , and substitutes this with 'Corruption and Crime Commission (WA)'.

427. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from other similarly named agencies in other jurisdictions.

Item 32 Subsection 5(1) (at the end of paragraph (e) of the definition of eligible authority )

428. This item would add 'or the Inspector of the Independent Commission Against Corruption (SA)' at the end of paragraph 5(1)(e) of the definition of eligible authority.

429. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the definition of 'eligible authority' is required to allow the Inspector to receive interception information and interception warrant information for permitted purposes.

430. The amendment to the definition additionally ensures greater consistency between jurisdictions in regards to their oversight bodies of integrity agencies' functions under the TIA Act.

431. Access to interception information and interception warrant information for permitted purposes will allow the South Australia Inspector of the Independent Commission Against Corruption to scrutinise and audit the interception activities of the South Australia Independent Commission Against Corruption and ensure it complies with its obligations under the TIA Act.

Item 33 Subsection 5(1) (definition of IBAC )

432. This item would repeal the definition of IBAC from subsection 5(1).

433. This definition is made redundant by the amendments made by items 34 and 36 and is no longer required.

Item 34 Subsection 5(1) (definition of IBAC Act )

434. This item would repeal the definition of IBAC Act under subsection 5(1) and substitutes this with IBAC Act (Vic.) as meaning the Independent Broad-based Anti- corruption Commission Act 2011 (Vic.).

435. The amendment ensures the definition refers to the IBAC Act (Vic.) to distinguish the Independent Broad-based Anti-corruption Commission Act (Vic.) from similarly titled legislation in other jurisdictions.

Item 35 Subsection 5(1) (definition of IBAC officer )

436. This item would repeal the definition of IBAC officer under subsection 5(1).

437. This definition is made redundant by the introduction of the defined term made by item 36, and is no longer required.

Item 36 Subsection 5(1)

438. This item would insert a definition for IBAC (Vic.) under subsection 5(1). This definition refers to the Independent Broad-based Anti-Corruption Commission established by the IBAC Act (Vic), and inserts a note to ascertain that 'IBAC' is short for 'Independent Broad-based Anti-corruption Commission'.

439. The amendment ensures the definition corresponds with the IBAC Act and distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

440. A new definition of IBAC (Vic.) officer is also introduced. This definition refers to a person who is an IBAC Officer (within the meaning of the IBAC Act (Vic.)).

441. These amendments ensure the terms used throughout the TIA Act are in accordance with the relevant provisions in the enabling legislation.

Item 37 Subsection 5(1)

442. This item would repeal the definitions of Independent Commission Against Corruption and Independent Commission Against Corruption Act under subsection 5(1).

Item 38 Subsection 5(1)

443. This item would insert two definitions in subsection 5(1) for the Independent Commission Against Corruption Act (NSW) as meaning the Independent Commission Against Corruption Act 1988 (NSW), and for the Independent Commission Against Corruption (NSW) as defined under section 4 of the Independent Commission Against Corruption Act (NSW).

444. The amendment ensures the definitions refer to the Independent Commission Against Corruption Act (NSW) and the Independent Commission Against Corruption (NSW) to distinguish this legislation and agency from similarly named legislation and agencies in other jurisdictions.

Item 39 Subsection 5(1) (definition of Inspector of the Independent Commission Against Corruption)

445. This item would repeal the definition of Inspector of the Independent Commission Against Corruption in subsection 5(1), and substitutes this with Inspector of the Independent Commission Against Corruption (NSW) specifically referred to section 57A of the Independent Commission Against Corruption Act (NSW) where that term is defined, and to include the relevant jurisdiction of the oversight body.

446. The amendment ensures the definition refers to the Inspector of the Independent Commission Against Corruption (NSW) as defined in the Independent Commission Against Corruption Act (NSW), and to distinguish the New South Wales Inspector of Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 40 Subsection 5(1)

447. This item would insert a new definition of Inspector of the Independent Commission Against Corruption (SA) under subsection 5(1) as meaning the inspector referred to in Item 2 of Schedule 4 to the Independent Commission Against Corruption Act 2012 (SA).

448. The amendment to define the Inspector of the Independent Commission Against Corruption (SA) in the TIA Act is required to confer an exercise of power for the performance of a function or duty by the Inspector of the Independent Commission Against Corruption (SA).

449. The Inspector of the Independent Commission Against Corruption (SA) was established in its current form in 2022, after other agencies were introduced to the TIA Act.

Item 41 Subsection 5(1) (definition of Inspector of the Law Enforcement Conduct Commission )

450. This item would repeal the definition of Inspector of the Law Enforcement Conduct Commission in subsection 5(1) and substitutes this with Inspector of the Law Enforcement Conduct Commission (NSW) with specific reference to section 120 of the Law Enforcement Conduct Commission Act 2016 (NSW) (LECC Act), where that term is defined.

451. The amendment ensures the definition refers to the Inspector of the Law Enforcement Conduct Commission (NSW) as defined in the LECC Act (NSW).

452. The amendment distinguishes the New South Wales Inspector of the Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions. This amendment would also provide consistency to the definition of Inspector of the Law Enforcement Conduct Commission (NSW) between the LECC Act (NSW) and the TIA Act.

Item 42 Subsection 5(1) (definition of Law Enforcement Conduct Commission )

453. This item would repeal the definition of Law Enforcement Conduct Commission in subsection 5(1).

Item 43 Subsection 5(1)

454. This item would insert a definition in subsection 5(1) for the Law Enforcement Conduct Commission Act (NSW) to mean the LECC Act (NSW).

455. The amendment ensures the definition refers to being constituted by the LECC Act (NSW), and the effect of this is to distinguish the LECC Act (NSW) from other similarly named legislation in other states and territories, and provide consistency to the naming convention of relevant state or territory legislation throughout the Act.

456. This item would also insert a definition in subsection 5(1) for Law Enforcement Conduct Commission (NSW) specifically referred to the commission as defined in section 17 of the LECC Act (NSW).

457. The amendment ensures the definition refers to the Law Enforcement Conduct Commission (NSW) as defined in the LECC Act (NSW). The amendment also distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 44 Subsection 5(1) (definition of member of the Crime Commission )

458. This item would repeal the definition of member of the Crime Commission in subsection 5(1), and substitutes it with member of the Crime Commission (NSW).

459. This item includes the relevant jurisdiction of the agency and provides that 'member of the Crime Commission (NSW)' should be interpreted in accordance with the definition of 'Commissioner' under section 8 and 'Assistant Commissioner' under section 9 of the Crime Commission Act (NSW).

460. The amendment distinguishes members of the New South Wales Crime Commission from that role in similarly named agencies in other jurisdictions, and provide consistency with the definition between the Crime Commission Act (NSW) and the TIA Act.

Item 45 Subsection 5(1) (definition of member of the staff of the Crime Commission )

461. This item would repeal the definition of member of the staff of the Crime Commission in subsection 5(1), and substitutes with member of the staff of the Crime Commission (NSW) specifically referring to paragraph 74(1)(a) and (b) of the Crime Commission Act (NSW).

462. The amendment ensures the definition refers to member of the staff of the Crime Commission (NSW) as defined in the Crime Commission Act (NSW). The amendment also distinguishes the members of the staff of the New South Wales Crime Commission from that role in similarly named agencies in other jurisdictions.

Item 46 Subsection 5(1) (definition of member of the staff of the Inspector of the Independent Commission Against Corruption )

463. This item would repeal the definition of member of the staff of the Inspector of the Independent Commission Against Corruption in subsection 5(1), and substitutes it with member of the staff of the Inspector of the Independent Commission Against Corruption (NSW). This item includes the relevant jurisdiction of the agency wherever the name of the agency appears within this definition.

464. The amendment ensures the definition distinguishes members of the staff of the New South Wales Inspector of the Independent Commission Against Corruption from that role in similarly named agencies in other jurisdictions.

Item 47 Subsection 5(1)

465. This item would insert the definition of member of the staff of the Inspector of the Independent Commission Against Corruption (SA) with specific reference to how that term is defined in Item 4 of Schedule 4 to the Independent Commission Against Corruption Act 2012 (SA).

466. The amendment to define 'member of the staff' of the Inspector of the Independent Commission Against Corruption (SA) is required as the definition of officer under subsection 5(1) relies on this definition to establish which persons may apply for a warrant and use and disclose interception information and interception warrant information for a permitted purpose.

Item 48 Subsection 5(1) (definition of member of the staff of the Inspector of the Law Enforcement Conduct Commission )

467. This item would repeal the definition of member of the staff of the Inspector of the Law Enforcement Conduct Commission in subsection 5(1), and substitutes it with member of the staff of the Inspector of the Law Enforcement Conduct Commission (NSW) as defined in subsections 128(1) and (4) of the Law Enforcement Conduct Commission Act (NSW). This item also includes the relevant jurisdiction of the agency.

468. The amendment ensures the definition refers to member of the staff of the Inspector of the Law Enforcement Conduct Commission (NSW) as defined in the Law Enforcement Conduct Commission Act 2016 (NSW).

469. The amendment distinguishes the New South Wales member of the staff of the Inspector of the Law Enforcement Conduct Commission from that role in similarly named agencies in other jurisdictions, and to provide consistency in the definition between the Law Enforcement Conduct Commission Act 2016 (NSW) and the Act.

Item 49 Subsection 5(1) (definition of member of the staff of the Law Enforcement Conduct Commission )

470. This item would repeal the definition of member of the staff of the Law Enforcement Conduct Commission under subsection 5(1), and substitutes with member of the staff of the Law Enforcement Conduct Commission (NSW) as defined under subsections 21(1), (2) or (3) of the LECC Act (NSW). This item also includes the relevant jurisdiction of the agency.

471. The amendment ensures the definition refers to member of the staff of the Law Enforcement Conduct Commission (NSW) as defined in the LECC Act (NSW).

472. The amendment distinguishes the New South Wales member of the staff of the Law Enforcement Conduct Commission from that role in similarly named agencies in other jurisdictions, and to provide consistency in the definition between the LECC Act (NSW) and the TIA Act.

Item 50 Subsection 5(1) (paragraph (d) of the definition of officer )

473. This item would omit 'Crime Commission' (wherever occurring) from paragraph 5(1)(d) of the definition of officer , and substitutes this with 'Crime Commission (NSW)'.

474. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 51 Subsection 5(1) (paragraph (e) of the definition of officer )

475. This item would repeal paragraph 5(1)(e) of the definition of officer and substitutes with the same definition to include the relevant jurisdiction of the Independent Commission Against Corruption (NSW).

476. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 52 Subsection 5(1) (paragraph (ea) of the definition of officer )

477. This item would omit 'Independent Commission Against Corruption' (wherever occurring) from paragraph 5(1)(ea) of the definition of officer , and substitutes with 'Independent Commission Against Corruption (NSW)'.

478. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 53 Subsection 5(1) (paragraph (eb) of the definition of officer )

479. This item would omit 'IBAC' (wherever occurring) from paragraph 5(1)(eb) of the definition of officer , and substitutes with 'IBAC (Vic.)'.

480. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 54 Subsection 5(1) (paragraph (f) of the definition of officer )

481. This item would repeal paragraph 5(1)(f) of the definition of officer , and substitutes with the same definition including the relevant jurisdiction of the Crime and Corruption Commission (Qld).

482. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 55 Subsection 5(1) (paragraphs (h) and (ha) of the definition of officer )

483. This item would repeal subsection 5(1) (paragraphs (h) and (ha) of the definition of officer) for the Law Enforcement Conduct Commission (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW).

484. The amendment would ensure the definition refers to the Law Enforcement Conduct Commission (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW) to distinguish these agencies from similarly named agencies in other jurisdictions.

Item 56 Subsection 5(1) (paragraph (k) of the definition of officer )

485. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 5(1)(k) of the definition of officer , and substitutes with 'Corruption and Crime Commission (WA)'.

486. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 57 Subsection 5(1) (paragraph (l) of the definition of officer )

487. This item would repeal paragraph 5(1)(l) of the definition of officer, and substitutes with the same definition including the relevant jurisdiction of the Parliamentary Inspector of the Corruption and Crime Commission (WA).

488. The amendment ensures the definition distinguishes the Western Australia Parliamentary Inspector of the Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 58 Subsection 5(1) (after paragraph (m) of the definition of officer )

489. This item would insert the Inspector of the Independent Commission Against Corruption after paragraph 5(1)(m) of the definition of officer.

490. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) in the definition is required to establish which persons may use and disclose interception information and interception warrant information for a permitted purpose.

Item 59 Subsection 5(1) (definition of officer of the Corruption and Crime Commission )

491. This item would repeal the definition of officer of the Corruption and Crime Commission in subsection 5(1), and substitutes with officer of the Corruption and Crime Commission (WA) within the meaning of the Corruption, Crime and Misconduct Act (WA).

492. The purpose of this amendment is to refer to the officer of the Corruption and Crime Commission (WA), and to correctly reference the Corruption, Crime and Misconduct Act (WA).

493. The amendment distinguishes the Western Australian officer of the Corruption and Crime Commission from that role in similarly named agencies in other jurisdictions, and provide clarity to the Act by referencing the correct title of the relevant state legislation.

Item 60 Subsection 5(1)

494. This item would insert definitions for officers of the Independent Commission Against Corruption (NSW) and the Law Enforcement Conduct Commission (NSW) under subsection 5(1) to align with the definition of officer within the Independent Commission Against Corruption Act (NSW) and the LECC Act (NSW), respectively.

Item 61 Subsection 5(1) (definition of officer of the Parliamentary Inspector )

495. This item would repeal the definition of officer of the Parliamentary Inspector and substitutes this with an officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA).

496. This amendment clarifies the jurisdiction of the Parliamentary Inspector to distinguish the agency from other similarly named agencies. The amendment aligns with the definition of an officer within the Corruption, Crime and Misconduct Act (WA).

Item 62 Subsection 5(1) (definition of Parliamentary Inspector of the Corruption and Crime Commission )

497. This item would repeal the definition of Parliamentary Inspector of the Corruption and Crime Commission in subsection 5(1) and substitutes this with a new definition of Parliamentary Inspector of the Corruption and Crime Commission (WA) to mean the inspector referred to in section 188 of the Corruption, Crime and Misconduct Act (WA).

498. This amendment clarifies the jurisdiction of the Parliamentary Inspector to distinguish the agency from other similarly named agencies.

Item 63 Subsection 5(1) (paragraph (da) of the definition of permitted purpose )

499. This item would omit 'Independent Commission Against Corruption' (first occurring) from paragraph 5(1)(da) of the definition of permitted purpose , and substitutes with 'Independent Commission Against Corruption (NSW)".

500. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 64 Subsection 5(1) (subparagraph (da)(i) of the definition of permitted purpose )

501. This item would omit 'Independent Commission Against Corruption Act' from subparagraph 5(1)(da)(i) of the definition of permitted purpose , and substitutes with 'Independent Commission Against Corruption Act (NSW)".

502. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption Act from similarly named legislation in other jurisdictions.

Item 65 Subsection 5(1) (paragraphs (db) and (dc) of the definition of permitted purpose )

503. This item would repeal paragraph (5)(1)(db), in the case of the Inspector of the Independent Commission Against Corruption (NSW), and paragraph 5(1)(dc), in the case of the Inspector of the Law Enforcement Conduct Commission (NSW), of the definition of permitted purpose. This item substitutes these paragraphs with permitted purposes specific to the Inspector of the Independent Commission Against Corruption (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW), respectively, to mirror the functions set out in each oversight body's relevant state legislation.

504. This item would substitute paragraph 5(1)(db), in the case of the Inspector of the Independent Commission Against Corruption (NSW), with the following permitted purposes :

•

auditing the operations of the Independent Commission Against Corruption (NSW) for the purpose of monitoring the compliance with the law of New South Wales; or

•

dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act (NSW)) on the part of the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW); or

•

dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act (NSW)) by the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW); or

•

assessing the effectiveness and appropriateness of the procedures of the Independent Commission Against Corruption (NSW) relating to the legality or propriety of that Commission's activities.

505. This item would substitute paragraph 5(1)(dc), in the case of the Inspector of the Law Enforcement Conduct Commission (NSW), with the following permitted purposes :

•

auditing the operations of the Law Enforcement Conduct Commission (NSW) for the purpose of monitoring compliance with the law of New South Wales; or

•

dealing with (by reports and recommendations) conduct amounting to agency maladministration (within the meaning of subsection 122(3) of the LECC Act (NSW)) on the part of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint; or

•

dealing with (by reports and recommendations) conduct amounting to officer misconduct (within the meaning of subsection 122(3) of the LECC Act (NSW)) or officer maladministration (within the meaning of that subsection) on the part of an officer of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint; or

•

assessing the effectiveness and appropriateness of the policies and procedures of the Law Enforcement Conduct Commission (NSW) relating to the legality or propriety of that Commission's activities.

506. The purpose of this amendment is to recognise the routine oversight, audit and assurance functions of the Inspector of the Independent Commission Against Corruption (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW) to allow the respective integrity agencies to disclose interception information and interception warrant information for the purposes of carrying out these functions.

507. The amendment would capture the breadth of oversight functions of the New South Wales Inspector of the Independent Commission Against Corruption and the New South Wales Law Enforcement Conduct Commission to enable these oversight bodies to properly scrutinise and audit interception activities, comply with obligations under the Act, and fulfil statutory functions through access to interception information and interception warrant information.

Item 66 Subsection 5(1) (paragraph (e) of the definition of permitted purpose )

508. This item would omit 'Law Enforcement Conduct Commission' from paragraph 5(1)(e) of the definition of permitted purpose , and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

509. The amendment ensures the definition refers to the Law Enforcement Conduct Commission (NSW), and the effect of this is to distinguish the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions

Item 67 Subsection 5(1) (subparagraph (e)(i) of the definition of permitted purpose )

510. This would item omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from subparagraph 5(1)(e)(i) of the definition of permitted purpose , and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'.

511. The amendment ensures the definition refers to the LECC Act (NSW), and the effect is to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the Act.

Item 68 Subsection 5(1) (paragraph (f) of the definition of permitted purpose )

512. This item would omit 'IBAC' (first occurring) from paragraph 5(1)(f) of the definition of permitted purpose , and substitutes with 'IBAC (Vic.)'.

513. The amendment ensures the definition distinguishes the Victorian Independent Broad- based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 69 Subsection 5(1) (subparagraphs (f)(i) and (ii) of the definition of permitted purpose )

514. This item would omit 'IBAC Act' (first occurring) from subparagraphs 5(1)(f)(i) and (ii) of the definition of permitted purpose, and substitutes with 'IBAC Act (Vic.)'.

515. The amendment ensures the definition distinguishes the Victorian Independent Broad- based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 70 Subsection 5(1) (subparagraphs (fa)(i) and (ii) of the definition of permitted purpose )

516. This item would repeal paragraphs (5)(1)(fa)(i) and (ii), in the case of the Victorian Inspectorate regarding the definition of permitted purpose. This item substitutes these paragraphs with permitted purposes specific to the Victorian Inspectorate respectively, to mirror the functions set out in the oversight body's relevant state legislation.

517. This item would substitute paragraph 5(1)(fa), in the case of the Victorian Inspectorate, with the following permitted purposes :

•

monitoring the compliance of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) with the IBAC Act (Vic.) and other laws; or

•

overseeing the performance by the IBAC (Vic.) of its functions under the Public Interest Disclosures Act 2012 (Vic.); or

•

assessing the effectiveness and appropriateness of the policies and procedures of the IBAC (Vic.) which relate to the legality and propriety of IBAC (Vic.)'s activities; or

•

receiving complaints in accordance with the Victorian Inspectorate Act about the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of that Act); or

•

investigating and assessing the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) in the performance or exercise or purported performance or purported exercise of their duties, functions and powers; or

•

reporting or making recommendations [on] an investigation [or assessment] covered by subparagraph (v) of this paragraph; or

•

monitoring the interaction between the IBAC (Vic.) and other integrity bodies to ensure compliance with relevant laws; or

518. The purpose of this amendment is to recognise the routine oversight, audit and assurance functions of the Victorian Inspectorate to allow integrity agencies to disclose interception information and interception warrant information to the Victorian Inspectorate for the purposes of carrying out these functions.

519. The amendment would capture the breadth of oversight functions of the Victorian Inspectorate to enable it to properly scrutinise and audit interception activities, comply with obligations under the Act, and fulfil statutory functions through access to interception information and interception warrant information.

Item 71 Subsection 5(1) (paragraph (g) of the definition of permitted purpose )

520. This item would omit 'Corruption and Crime Commission' (first occurring) from paragraph 5(1)(g) of the definition of permitted purpose , and substitutes with 'Corruption and Crime Commission (WA)'.

521. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 72 Subsection 5(1) (subparagraph (g)(i) of the definition of permitted purpose )

522. This item would omit 'Corruption and Crime Commission Act' from subparagraph 5(1)(g)(i) of the definition of permitted purpose , and substitutes with 'Corruption, Crime and Misconduct Act (WA)'.

523. The amendment ensures the definition distinguishes the Western Australia Corruption, Crime and Misconduct Act from similarly named legislation in other jurisdictions, and refers to the correct title of the legislation.

Item 73 Subsection 5(1) (paragraph (ga) of the definition of permitted purpose )

524. This item would omit 'Crime and Corruption Commission' from paragraph 5(1)(ga) of the definition of permitted purpose , and substitutes this with 'Crime and Corruption Commission (Qld)'.

525. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 74 Subsection 5(1) (subparagraph (ga)(i) of the definition of permitted purpose )

526. This item would omit 'Crime and Corruption Act' from subparagraph 5(1)(ga)(i) of the definition of permitted purpose , and substitutes with 'Crime and Corruption Act (Qld)'.

527. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Act from similarly named legislation in other jurisdictions.

Item 75 Subsection 5(1) (paragraph (h) of the definition of permitted purpose )

528. This item would repeal paragraph (5)(1) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA) of the definition of permitted purpose. This item substitutes this paragraph with permitted purposes specific to the Parliamentary Inspector of the Corruption and Crime Commission (WA) to mirror the functions set out in this oversight body's relevant state legislation which are:

•

auditing the operation of the Corruption, Crime and Misconduct Act (WA)

•

auditing the operations of the Corruption and Crime Commission (WA) for the purpose of monitoring compliance with the laws of Western Australia

•

dealing with matters of misconduct (within the meaning of the Corruption, Crime and Misconduct Act (WA)) on the part of the Corruption and Crime Commission (WA), an officer of the Corruption and Crime Commission (WA) or an officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA)

•

auditing any operation carried out pursuant to the powers conferred or made available by the Corruption, Crime and Misconduct Act (WA)

•

assessing the effectiveness and appropriateness of the Corruption and Crime Commission (WA)'s procedures

•

making recommendations to the Corruption and Crime Commission (WA), independent agencies (within the meaning of the Corruption, Crime and Misconduct Act (WA)) and appropriate authorities (within the meaning of that Act)

•

reporting and making recommendations to either House of Parliament of Western Australia and the Standing Committee (within the meaning of the Corruption, Crime and Misconduct Act (WA)), or

•

performing any other function given to the Parliamentary Inspector of the Corruption and Crime Commission (WA) under the Corruption, Crime and Misconduct Act (WA) or another law of Western Australia.

529. The purpose of this amendment is to recognise the routine oversight, audit and assurance functions of Parliamentary Inspector of the Corruption and Crime Commission (WA) to allow the respective integrity agency to disclose interception information and interception warrant information for the purposes of carrying out these functions.

530. The amendment would capture the breadth of oversight functions of the Western Australia Parliamentary Inspector of the Corruption and Crime Commission to enable it to properly scrutinise and audit interception activities, comply with its obligations under the TIA Act, and fulfil its statutory functions through access to interception information and interception warrant information.

Item 76 Subsection 5(1) (after paragraph (i) of the definition of permitted purpose )

531. This item would insert the Inspector of the Independent Commission Against Corruption (SA) after paragraph 5(1)(i) of the definition of permitted purpose , mirroring the functions set out in this oversight body's relevant state legislation, which are:

•

conducting annual reviews examining the operations of the Office for Public Integrity (SA) established by section 17 of the Independent Commission Against Corruption Act (SA), and the Independent Commission Against Corruption (SA), during each financial year,

•

conducting reviews relating to relevant complaints (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)) received by the Inspector of the Independent Commission Against Corruption (SA),

•

conducting other reviews on the Inspector of the Independent Commission Against Corruption (SA)'s own motion or at the request of the Attorney-General of South Australia or the Committee (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)), or

•

performing any other functions conferred on the Inspector of the Independent Commission Against Corruption (SA) by other laws of South Australia.

532. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the definition of permitted purpose is required to enable the Inspector to use and disclose interception information and interception warrant information for the purposes of carrying out the full range of its functions.

533. The amendment will enable the Inspector of the Independent Commission Against Corruption (SA) to scrutinise and audit interception activities, comply with its obligations under the Act, and fulfil its statutory functions through access to interception information and interception warrant information.

Item 77 Subsection 5(1) (subparagraph (b)(i) of the definition of PIM )

534. This item would omit 'Crime and Corruption Act 2001 of Queensland' from subparagraph 5(1)(6)(i) of the definition of PIM , and substitutes with 'Crime and Corruption Act (Qld)'.

535. The amendment ensures the definition refers to the Crime and Corruption Act (Qld) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the Act.

Item 78 Subsection 5(1) (paragraph (b) of the definition of prescribed investigation )

536. This item would omit 'Crime Commission' (first and second occurring) from paragraph 5(1)(b) of the definition of prescribed investigation , and substitutes this with 'Crime Commission (NSW)'.

537. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 79 Subsection 5(1) (paragraph (b) of the definition of prescribed investigation )

538. This item would omit 'Crime Commission Act' from paragraph 5(1)(b) of the definition of prescribed investigation , and substitutes with 'Crime Commission Act (NSW)'.

539. The amendment ensures the definition refers to the Crime Commission Act (NSW) to distinguish the New South Wales Crime Commission Act from similarly named legislation in other jurisdictions.

Item 80 Subsection 5(1) (paragraph (c) of the definition of prescribed investigation )

540. This item would omit 'Independent Commission Against Corruption (first and second occurring) from paragraph 5(1)(c) of the definition of prescribed investigation , and substitutes with 'Independent Commission Against Corruption (NSW)'.

541. The amendment ensures the definition refers to the Independent Commission Against Corruption (NSW) to distinguish the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 81 Subsection 5(1) (paragraph (c) of the definition of prescribed investigation )

542. This item would omit 'Independent Commission Against Corruption Act' from paragraph 5(1)(c) of the definition of prescribed investigation , and substitutes with 'Independent Commission Against Corruption Act (NSW)'.

543. The amendment ensures the definition refers to the Independent Commission Against Corruption Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the Act.

Item 82 Subsection 5(1) (paragraph (ca) of the definition of prescribed investigation )

544. This item would omit 'Inspector of the Independent Commission Against Corruption' from paragraph 5(1)(ca) of the definition of prescribed investigation , and substitutes with 'Inspector of the Independent Commission Against Corruption (NSW)'.

545. The amendment ensures the definition distinguishes the New South Wales Inspector of the Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 83 Subsection 5(1) (paragraph (ca) of the definition of prescribed investigation )

546. This item would omit 'Independent Commission Against Corruption Act' from paragraph 5(1)(ca) of the definition of prescribed investigation , and substitutes with 'Independent Commission Against Corruption Act (NSW)'.

547. The amendment ensures the definition refers to the Independent Commission Against Corruption Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the Act.

Item 84 Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation )

548. This item would omit 'IBAC' (first and second occurring) from paragraph 5(1)(cb) of the definition of prescribed investigation , and substitutes this with 'IBAC (Vic.)'.

549. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 85 Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation )

550. This item would omit 'IBAC Act' from paragraph 5(1)(cb) of the definition of prescribed investigation , and substitutes with 'IBAC Act (Vic.)'.

551. The amendment ensures the definition refers to the IBAC Act (Vic.) to distinguish the Victorian Independent Broad-based Anti-corruption Commission legislation from similarly titled legislation in other jurisdictions.

Item 86 Subsection 5(1) (paragraph (d) of the definition of prescribed investigation )

552. This item would omit 'Crime and Corruption Commission' from paragraph 5(1)(d) of the definition of prescribed investigation , and substitutes with 'Crime and Corruption Commission (Qld)'.

553. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 87 Subsection 5(1) (paragraph (d) of the definition of prescribed investigation )

554. This item would omit 'Crime and Corruption Act' from paragraph 5(1)(d) of the definition of prescribed investigation , and substitutes with 'Crime and Corruption Act (Qld)'.

555. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Act from similarly named legislation in other jurisdictions.

Item 88 Subsection 5(1) (paragraph (f) of the definition of prescribed investigation )

556. This item would omit 'Law Enforcement Conduct Commission' from paragraph 5(1)(f) of the definition of prescribed investigation , and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

557. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 89 Subsection 5(1) (paragraph (f) of the definition of prescribed investigation )

558. This item would omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from paragraph 5(1)(f) of the definition of prescribed investigation , and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'.

559. The amendment ensures the definition refers to the LECC Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the TIA Act.

Item 90 Subsection 5(1) (paragraph (fa) of the definition of prescribed investigation )

560. This item would omit 'Law Enforcement Conduct Commission' from paragraph 5(1)(fa) of the definition of prescribed investigation , and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

561. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 91 Subsection 5(1) (paragraph (fa) of the definition of prescribed investigation )

562. This item would omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from paragraph 5(1)(fa) of the definition of prescribed investigation , and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'.

563. The amendment ensures the definition refers to the LECC Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the TIA Act.

Item 92 Subsection 5(1) (paragraph (i) of the definition of prescribed investigation )

564. This item would omit 'Corruption and Crime Commission' (first occurring) from paragraph 5(1)(i) of the definition of prescribed investigation , and substitutes with 'Corruption and Crime Commission (WA)'.

565. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 93 Subsection 5(1) (paragraph (i) of the definition of prescribed investigation )

566. This would item omit 'Corruption and Crime Commission Act' from paragraph 5(1)(i) of the definition of prescribed investigation , and substitutes with 'Corruption, Crime and Misconduct Act (WA)'.

567. The amendment ensures the definition distinguishes the Western Australia Corruption, Crime and Misconduct Act from similarly named legislation in other jurisdictions, and refer to the correct title of the legislation.

Item 94 Subsection 5(1) (paragraph (j) of the definition of prescribed investigation )

568. This amendment implements Recommendation 1 of the Parliamentary Joint Committee on Intelligence and Security's review of the Bill.

569. This item would repeal paragraph 5(1)(j) of the definition of prescribed investigation , and substitute with 'in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA) - means an investigation that the Parliamentary Inspector of the Corruption and Crime Commission (WA) is conducting in the performance of the Parliamentary Inspector's functions under the Corruption, Crime and Misconduct Act (WA)'. The amendment clarifies that a prescribed investigation for the purposes of the Parliamentary Inspector of the Corruption and Crime Commission (WA) is to be read as any investigation conducted by that office in the performance of its functions under the Corruption, Crime and Misconduct Act 2003 (WA). The amendment ensures that the Parliamentary Inspector can properly scrutinise and audit interception activities and compliance with the TIA Act, and fulfil its statutory functions through access to interception information and interception warrant information.

570. The amendment ensures the definition distinguishes the Western Australia Parliamentary Inspector of the Corruption and Crime Commission from similarly named agencies in other jurisdictions.

571. The amendment ensures the definition refers to the Corruption, Crime and Misconduct Act (WA) to distinguish the Western Australia Corruption, Crime and Misconduct Act from similarly named legislation in other jurisdictions, and refer to the correct title of the legislation.

Item 96 Subsection 5(1) (at the end of the definition of prescribed investigation )

572. This item would add the Inspector of the Independent Commission Against Corruption (SA) at the end of the definition of prescribed investigation under subsection 5(1).

573. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the definition of prescribed investigation is required to ensure investigations conducted by the Inspector of the Independent Commission Against Corruption (SA) in the performance of its functions are considered lawful.

Item 97 Subsection 5(1) (paragraph (d) of the definition of relevant offence )

574. This item would omit 'Crime Commission' from paragraph 5(1)(d) of the definition of relevant offence , and substitutes with 'Crime Commission (NSW)'.

575. The amendment ensures the definition refers to the Crime Commission (NSW) to distinguish the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 98 Subsection 5(1) (paragraphs (e) and (ea) of the definition of relevant offence )

576. This item would omit 'Independent Commission Against Corruption' from paragraphs 5(1)(e) and (ea) of the definition of relevant offence , and substitutes with 'Independent Commission Against Corruption (NSW)'.

577. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 99 Subsection 5(1) (paragraph (eb) of the definition of relevant offence )

578. This item would omit 'IBAC' from paragraph 5(1)(eb) of the definition of relevant offence , and substitutes with 'IBAC (Vic.)'.

579. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 100 Subsection 5(1) (paragraph (f) of the definition of relevant offence )

580. This item would omit 'Crime and Corruption Commission' from paragraph 5(1)(f) of the definition of relevant offence , and substitutes this with 'Crime and Corruption Commission (Qld)'.

581. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 101 Subsection 5(1) (paragraphs (h) and (ha) of the definition of relevant offence )

582. This item would omit 'Law Enforcement Conduct Commission' from paragraphs 5(1)(h) and (ha) of the definition of relevant offence , and substitutes this with 'Law Enforcement Conduct Commission (NSW)'.

583. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 102 Subsection 5(1) (paragraphs (k) and (l) of the definition of relevant offence )

584. This item would omit 'Corruption and Crime Commission' from paragraphs 5(1)(k) and (l) of the definition of relevant offence , and substitutes with 'Corruption and Crime Commission (WA)'.

585. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 103 Subsection 5(1) (at the end of the definition of relevant offence )

586. This item would add the case of the Inspector of the Independent Commission Against Corruption (SA) at the end of the definition of relevant offence under subsection 5(1).

587. The amendment to add the case of the Inspector of the Independent Commission Against Corruption (SA) to the definition of relevant offence is required to establish which offences the Inspector of the Independent Commission Against Corruption (SA) can lawfully conduct investigations on, for the purposes of carrying out its functions.

Item 104 Subsection 5(6A)

588. This item would repeal subsection 5(6A) regarding the meaning of agency maladministration for the purposes of subparagraph 5(1)(dc)(i) of the definition of permitted purpose in the case of the Inspector of the Law Enforcement Conduct Commission (NSW).

589. The amendment ensures that the amended definition of permitted purpose in the case of the Inspector of the Law Enforcement Conduct Commission (NSW) includes a direct reference to agency maladministration within the meaning of subsection 122(3) of the LECC Act (NSW) and eliminates duplication of definitions within the TIA Act.

Item 105 Subsection 5(7) (heading)

590. This item would omit 'Law Enforcement Conduct Commission' from the heading of subsection 5(7), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

591. The amendment ensures the heading refers to the Law Enforcement Conduct Commission (NSW) to distinguish the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 106 Subparagraph 5(7)(a)(i)

592. This item would omit 'Crime Commission' from subparagraph 5(7)(a)(i), and substitutes with 'Crime Commission (NSW)'.

593. The amendment ensures the definition refers to the Crime Commission (NSW) to distinguish the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 107 Subparagraph 5(7)(a)(ii)

594. This item would omit 'Law Enforcement Conduct Commission' from subparagraph 5(7)(a)(ii), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

595. The amendment ensures the definition refers to the Law Enforcement Conduct Commission (NSW) to distinguish the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 108 Subparagraphs 5(7)(c)(i) and (ii)

596. This item would omit 'Crime Commission' from subparagraphs 5(7)(c)(i) and (ii), and substitutes with 'Crime Commission (NSW)'.

597. The amendment ensures the definition refers to the Crime Commission (NSW) to distinguish the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 109 Paragraph 5(7)(d)

598. This item would omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from paragraph 5(7)(d), and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'.

599. The amendment ensures the definition refers to the LECC Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the TIA Act.

Item 110 Subsection 5(8)

600. This item would omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from subsection 5(8), and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'.

601. The amendment ensures the definition refers to the LECC Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the TIA Act.

Item 111 Subsection 5AC(5)

602. This item would omit 'Crime Commission' (wherever occurring) from subsection 5AC(5), and substitutes with 'Crime Commission (NSW)'.

603. The amendment ensures the definition refers to the Crime Commission (NSW) to distinguish the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 112 Subsection 5AC(6)

604. This item would omit 'Independent Commission Against Corruption' from subsection 5AC(6), and substitutes with 'Independent Commission Against Corruption (NSW)'.

605. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 113 Subsection 5AC(7)

606. This item would omit 'IBAC' (wherever occurring) from subsection 5AC(7), and substitutes with 'IBAC (Vic.)'.

607. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 114 Subsection 5AC(8)

608. This item would omit 'Law Enforcement Conduct Commission' (wherever occurring) from subsection 5AC(8), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

609. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 115 Subsection 5AC(9)

610. This item would omit 'Corruption and Crime Commission' (wherever occurring) from subsection 5AC(9), and substitutes with 'Corruption and Crime Commission (WA)'.

611. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 116 Paragraphs 5B(1)(hb) and (hc)

612. This item would omit 'Independent Commission Against Corruption' from paragraphs 5B(1)(hb) and (hc), and substitutes with 'Independent Commission Against Corruption (NSW)'.

613. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 117 Paragraph 5B(1)(i)

614. This item would omit 'IBAC' from paragraph 5B(1)(i), and substitutes with 'IBAC (Vic.)'.

615. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 118 Paragraphs 5B(1)(ia) and (ib)

616. This item would omit 'Corruption and Crime Commission' from paragraphs 5B(1)(ia) and (ib), and substitutes with 'Corruption and Crime Commission (WA)'.

617. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 119 Paragraphs 5B(1)(k) and (ka)

618. This item would omit 'Law Enforcement Conduct Commission' from paragraphs 5B(1)(k) and (ka), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

619. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 120 Paragraph 5B(1)(kb)

620. This item would omit 'Crime and Corruption Commission' from paragraph 5B(1)(kb), and substitutes this with 'Crime and Corruption Commission (Qld)'.

621. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 121 Before paragraph 5B(1)(kd)

622. This item would insert 'a proceeding of the Inspector of the Independent Commission Against Corruption (SA)' in respect of exempt proceedings before paragraph 5B(1)(kd).

623. The amendment ensures that a reference to an exempt proceeding in the TIA Act also includes a reference to a proceeding of the Independent Commission Against Corruption (SA).

Item 122 Subparagraph 6A(1)(c)(ii)

624. This item would omit 'Crime Commission' from subparagraph 6A(1)(c)(ii), and substitutes with 'Crime Commission (NSW)'.

625. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 123 Subparagraph 6A(1)(c)(iii)

626. This item would omit 'Crime and Corruption Commission' from subparagraph 6A(1)(c)(iii), and substitutes this with 'Crime and Corruption Commission (Qld)'.

627. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 124 Subparagraphs 6A(1)(c)(v) and (va)

628. This item would omit 'Independent Commission Against Corruption' from subparagraphs 6A(1)(c)(v) and (va), and substitutes with 'Independent Commission Against Corruption (NSW)'.

629. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 125 Subparagraphs 6A(1)(c)(vi) and (vii)

630. This item would omit 'Law Enforcement Conduct Commission' from subparagraphs 6A(1)(c)(vi) and (vii), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

631. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 126 Subparagraph 6A(1)(c)(viii)

632. This item would omit 'IBAC' from subparagraph 6A(1)(c)(viii), and substitutes with 'IBAC (Vic.)'.

633. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 127 Subparagraphs 6A(1)(c)(x) and (xi)

634. This item would omit 'Corruption and Crime Commission' from subparagraphs 6A(1)(c)(x) and (xi), and substitutes with 'Corruption and Crime Commission (WA)'.

635. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 128 At the end of paragraph 6A(1)(c)

636. This item would insert the Inspector of the Independent Commission Against Corruption at the end of paragraph 6A(1)(c) for the purposes of an eligible agency for the investigation of an offence.

637. The amendment adds the Inspector of the Independent Commission Against Corruption (SA) to the section to enable it to undertake a prescribed investigation of an offence.

Item 129 Paragraph 6L(2)(aa)

638. This item would omit 'Crime Commission' from paragraph 6L(2)(aa), and substitutes with 'Crime Commission (NSW)'.

639. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 130 Paragraph 6L(2)(b)

640. This item would omit 'Independent Commission Against Corruption' (wherever occurring) from paragraph 6L(2)(b), and substitutes with 'Independent Commission Against Corruption (NSW)'.

641. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 131 Paragraph 6L(2)(b)

642. This item would omit 'Law Enforcement Conduct Commission' (wherever occurring) from paragraph 6L(2)(b), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

643. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 132 Paragraph 6L(2)(ba)

644. This item would omit 'IBAC' from paragraph 6L(2)(ba), and substitutes with 'IBAC (Vic.)'.

645. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 133 Paragraph 6L(2)(c)

646. This item would omit 'Crime and Corruption Commission' from paragraph 6L(2)(c), and substitutes this with 'Crime and Corruption Commission (Qld)'.

647. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 134 Paragraph 6L(2)(d)

648. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 6L(2)(d), and substitutes with 'Corruption and Crime Commission (WA)'.

649. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 135 Paragraph 6L(2)(e)

650. This item would add, before " - a reference" at paragraph 6L(2)(e), "or the Inspector of the Independent Commission Against Corruption (SA)".

651. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the section is required to ensure that an investigation of a relevant offence conducted by the Inspector of the Independent Commission Against Corruption (SA) is considered a relevant proceeding.

Item 136 Paragraph 39(2)(d)

652. This item would omit 'Crime Commission' (wherever occurring) from paragraph 39(2)(d), and substitutes with 'Crime Commission (NSW)'.

653. The amendment ensures the definition refers to the Crime Commission (NSW), and the effect is to distinguish the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 137 Paragraph 39(2)(e)

654. This item would repeal paragraph 39(2)(e) and substitutes this with (e) in the case of the Independent Commission Against Corruption (NSW) - an officer of the Independent Commission Against Corruption (NSW); or

655. This amendment clarifies the jurisdiction of the Independent Commission Against Corruption (NSW) for the purposes of section 39.

656. Many oversight and integrity agencies share similar names, adding the jurisdiction of the agency assists in distinguishing these agencies from one another. The long form of the title has been included for clarity.

Item 138 Paragraph 39(2)(ea)

657. This item would omit 'IBAC' (wherever occurring) from paragraph 39(2)(ea), and substitutes with 'IBAC (Vic.)'.

658. The amendment ensures the section distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 139 Paragraph 39(2)(f)

659. This item would repeal current paragraph 39(2)(f) and substitutes this with new paragraph (f) which provides that in the case of the Crime and Corruption Commission (Qld) - a commission officer (within the meaning of the Crime and Corruption Act (Qld)) shall make an application for a warrant on behalf of the Crime and Corruption Commission (Qld).

660. This amendment clarifies the jurisdiction of the Crime and Corruption Commission (Qld) for the purposes of section 39.

661. Many oversight and integrity agencies share similar names, adding the jurisdiction of the agency assists in distinguishing these agencies from one another. The long form of the title has been included for clarity.

Item 140 Paragraph 39(2)(g)

662. This item would omit 'Law Enforcement Conduct Commission' (wherever occurring) from paragraph 39(2)(g), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

663. The amendment ensures the section distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 141 Paragraph 39(2)(i)

664. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 39(2)(i), and substitutes with 'Corruption and Crime Commission (WA)'.

665. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 142 Paragraph 68(ea)

666. This item would omit 'Independent Commission Against Corruption' (wherever occurring) from paragraph 68(ea), and substitutes with 'Independent Commission Against Corruption (NSW)'.

667. The chief officer of the Independent Commission Against Corruption (NSW) (in section 68 called the originating agency) may, personally, or by an officer of the originating agency authorised by the chief officer , communicate lawfully intercepted information (other than general computer access intercept information, data disruption intercept information or network activity warrant intercept information) that was originally obtained by the originating agency or interception warrant information.

668. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 143 Paragraph 68(eb)

669. This item would repeal current paragraph 68(eb) and substitutes this with new paragraph (eb) which provides that, if the information relates, or appears to relate, to a matter referred to in paragraph (db) of the definition of permitted purpose in subsection 5(1) - the chief officer may provide that information to the Inspector of the Independent Commission Against Corruption (NSW).

670. The amendment clarifies the jurisdiction of the New South Wales Inspector of the Independent Commission Against Corruption to distinguish it from similarly named agencies in other jurisdictions.

Item 144 Paragraph 68(ec)

671. This item would omit 'IBAC' (wherever occurring) from paragraph 68(ec), and substitutes with 'IBAC (Vic.)'.

672. The amendment ensures the section distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 145 Paragraph 68(ed)

673. This item would repeal paragraph 68(ed) and substitutes with new paragraph (ed) which provides that, if the information relates, or appears to relate, to a matter referred to in paragraph (fa) of the definition of permitted purpose in subsection 5(1) - the chief officer may provide that information to the Inspector of the Victorian Inspectorate (Vic.)

674. The amendment clarifies the jurisdiction of the Victorian Inspectorate to distinguish it from similarly named agencies in other jurisdictions.

Item 146 Paragraph 68(f)

675. This item would omit 'Law Enforcement Conduct Commission' from paragraph 68(f), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

676. The amendment ensures the section distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 147 Paragraph 68(f)

677. This item would omit 'the Commission' from paragraph 68(f), and substitutes with 'the Law Enforcement Conduct Commission (NSW)'.

678. The amendment ensures the paragraph refers to the Law Enforcement Conduct Commission (NSW) by adding the full title of the agency with the relevant jurisdiction to distinguish the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 148 Paragraph 68(fa)

679. This item would repeal paragraph 68(fa) and substitutes this with new paragraph (fa) which provides that, if the information relates, or appears to relate, to a matter referred to in paragraph (dc) of the definition of permitted purpose in subsection 5(1) - the chief officer may provide that information to the Inspector of the Law Enforcement Conduct Commission (NSW).

680. The amendment clarifies the jurisdiction of the New South Wales Inspector of the Law Enforcement Conduct Commission to distinguish it from similarly named agencies in other jurisdictions.

Item 149 Paragraph 68(h)

681. This item would omit 'Crime and Corruption Commission' (wherever occurring) from paragraph 68(h), and substitutes this with 'Crime and Corruption Commission (Qld)'.

682. The amendment ensures the section distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 150 Paragraph 68(j)

683. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 68(j), and substitutes with 'Corruption and Crime Commission (WA)'.

684. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 151 After paragraph 68(ja)

685. This item would insert new paragraph (jb) to provide that if the information relates, or appears to relate, to a matter referred to in paragraph (ia) of the definition of permitted purpose in subsection 5(1), the information may be provided to the Inspector of the Independent Commission Against Corruption (SA).

686. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to section 68 is required to ensure the chief officer, or a person authorised by the chief officer of the Inspector of the Independent Commission Against Corruption (SA), can lawfully use and disclose interception information and interception warrant information where that information relates, or appears to relate to the permitted purposes of the Inspector of the Independent Commission Against Corruption (SA).

Item 152 Paragraph 68(k)

687. This item would repeal paragraph current 68(k) and substitutes this with new paragraph (k) which provides that, if the information relates, or appears to relate, to a matter referred to in paragraph (h) of the definition of permitted purpose in subsection 5(1) - the chief officer may provide that information to the Parliamentary Inspector of the Corruption and Crime Commission (WA).

688. The amendment clarifies the jurisdiction of the Western Australia Parliamentary Inspector of the Corruption and Crime Commission to distinguish it from similarly named agencies in other jurisdictions.

Item 153 Paragraph 110A(1)(f)

689. This item would omit 'Crime Commission' from paragraph 110A(1)(f), and substitutes it with 'Crime Commission (NSW)'.

690. The amendment ensures the definition distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 154 Paragraph 110A(1)(g)

691. This item would omit 'Independent Commission Against Corruption' from paragraph 110A(1)(g), and substitutes with 'Independent Commission Against Corruption (NSW)'.

692. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 155 Paragraph 110A(1)(h)

693. This item would omit 'Law Enforcement Conduct Commission' from paragraph 110A(1)(h), and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

694. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 156 Paragraph 110A(1)(i)

695. This item would omit 'IBAC' from paragraph 110A(1)(i), and substitutes with 'IBAC (Vic.)'.

696. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 157 Paragraph 110A(1)(j)

697. This item would omit 'Crime and Corruption Commission' from paragraph 110A(1)(j), and substitutes this with 'Crime and Corruption Commission (Qld)'.

698. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 158 Paragraph 110A(1)(k)

699. This item would omit 'Corruption and Crime Commission' from paragraph 110A(1)(k), and substitutes with 'Corruption and Crime Commission (WA)'.

700. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 159 Paragraph 22(3)(e) of Schedule 1

701. This item would omit 'Crime Commission' from paragraph 22(3)(e) of Schedule 1, and substitutes with 'Crime Commission (NSW)'.

702. The amendment ensures the section distinguishes the New South Wales Crime Commission from similarly named agencies in other jurisdictions.

Item 160 Paragraph 22(3)(f) of Schedule 1

703. This item would repeal current paragraph 22(3)(f) of Schedule 1 and substitutes this with new paragraph (f) which provides that in the case of the Independent Commission Against Corruption (NSW) - an officer of the Independent Commission Against Corruption (NSW) must make an application for an international production order on behalf of the Independent Commission Against Corruption (NSW).

704. This amendment clarifies the jurisdiction of the Independent Commission Against Corruption (NSW) for the purposes of subclause 22(3) of Schedule 1.

705. The amendment ensures the section distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 161 Paragraph 22(3)(g) of Schedule 1

706. This item would omit 'IBAC' (wherever occurring) from paragraph 22(3)(g) of Schedule 1, and substitutes with 'IBAC (Vic.)'.

707. The amendment ensures the section distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 162 Paragraph 22(3)(h) of Schedule 1

708. This item would repeal current paragraph 22(3)(h) of Schedule 1 and substitutes this with new paragraph (h) which provides that, in the case of the Crime and Corruption Commission (Qld) - a commission officer (within the meaning of the Crime and Corruption Act (Qld)) must make an application for an international production order on behalf of the Crime and Corruption Commission (Qld).

709. The amendment ensures the section distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 163 Paragraph 22(3)(i) of Schedule 1

710. This item would omit 'Law Enforcement Conduct Commission' (first occurring) from paragraph 22(3)(i) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

711. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 164 Subparagraphs 22(3)(i)(i), (ii) and (iii) of Schedule 1

712. This item would omit 'the Commission' from subparagraphs 22(3)(i)(i), (ii) and (iii) of Schedule 1, and substitutes with 'the Law Enforcement Conduct Commission (NSW)'.

713. The amendment ensures the paragraph refers to the Law Enforcement Conduct Commission (NSW) by adding the full title of the agency with the relevant jurisdiction to distinguish the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 165 Subparagraph 22(3)(i)(iv) of Schedule 1

714. This item would omit 'Law Enforcement Conduct Commission' from subparagraph 22(3)(i)(iv) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

715. The amendment ensures the section distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 166 Paragraph 22(3)(j) of Schedule 1

716. This item would omit 'Corruption and Crime Commission' (wherever occurring) from paragraph 22(3)(j) of Schedule 1, and substitutes with 'Corruption and Crime Commission (WA)'.

717. The amendment ensures the section distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 167 Paragraphs 157(1)(p) and (q) of Schedule 1

718. This item would omit 'Independent Commission Against Corruption' from paragraphs 157(1)(p) and (q) of Schedule 1, and substitutes with 'Independent Commission Against Corruption (NSW)'.

719. The amendment ensures the section distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 168 Paragraph 157(1)(s) of Schedule 1

720. This item would omit 'IBAC' from paragraph 157(1)(s) of Schedule 1, and substitutes with 'IBAC (Vic.)'.

721. The amendment ensures the section distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 169 Paragraphs 157(1)(u) and (v) of Schedule 1

722. This item would omit 'Corruption and Crime Commission' from paragraphs 157(1)(u) and (v) of Schedule 1, and substitutes with 'Corruption and Crime Commission (WA)'.

723. The amendment ensures the section distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 170 Paragraphs 157(1)(w) and (x) of Schedule 1

724. This item would omit 'Law Enforcement Conduct Commission' from paragraphs 157(1)(w) and (x) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

725. The amendment ensures the section distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 171 Paragraph 157(1)(y) of Schedule 1

726. This item would omit 'Crime and Corruption Commission' from paragraph 157(1)(y) of Schedule 1, and substitutes this with 'Crime and Corruption Commission (Qld)'.

727. The amendment ensures the section refers to the Crime and Corruption Commission (Qld) to distinguish the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 172 After paragraph 157(1)(z) of Schedule 1

728. This item would insert new paragraph (zaa) which provides that a proceeding of the Inspector of the Independent Commission Against Corruption (SA) constitutes protected information for the purposes of exceptions to international production orders relating to interception.

729. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the item is required to enable the Inspector of the Independent Commission Against Corruption (SA) to use and disclose information obtained in accordance with an international production order for the purposes of a proceeding of the Inspector of the Independent Commission Against Corruption (SA).

Item 173 Paragraphs 157(1)(zg) and (zh) of Schedule 1

730. This item would omit 'Independent Commission Against Corruption' from paragraphs 157(1)(zg) and (zh) of Schedule 1, and substitutes with 'Independent Commission Against Corruption (NSW)'.

731. The amendment ensures the section distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 174 Paragraphs 157(1)(zi) and (zj) of Schedule 1

732. This item would omit 'Law Enforcement Conduct Commission' from paragraphs 157(1)(zi) and (zj) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

733. The amendment ensures the section distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 175 Paragraph 157(1)(zk) of Schedule 1

734. This item would omit 'IBAC' from paragraph 157(1)(zk) of Schedule 1, and substitutes with 'IBAC (Vic.)'.

735. The amendment ensures the section distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 176 Paragraph 157(1)(zm) of Schedule 1

736. This item would omit 'Corruption and Crime Commission' from paragraph 157(1)(zm) of Schedule 1, and substitutes with 'Corruption and Crime Commission (WA)'.

737. The amendment ensures the section distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 177 Paragraph 157(1)(zn) of Schedule 1

738. This item would omit 'Crime and Corruption Commission' from paragraph 157(1)(zn) of Schedule 1, and substitutes this with 'Crime and Corruption Commission (Qld)'.

739. The amendment ensures the section distinguishes the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 178 Paragraph 157(1)(zo) of Schedule 1

740. This item would omit 'Corruption and Crime Commission' from paragraph 157(1)(zo) of Schedule 1, and substitutes with 'Corruption and Crime Commission (WA)'.

741. The amendment ensures the section distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 179 At the end of subclause 157(1) of Schedule 1

742. This item would insert new paragraph (zq) which provides that an eligible purpose of the Inspector of the Independent Commission Against Corruption (SA) constitutes protected information for the purposes of exceptions to international production orders relating to interception.

743. The amendment to introduce the Inspector of the Independent Commission Against Corruption (SA) for the purposes of item 157 is required to establish that the Inspector of the Independent Commission Against Corruption (SA) may only use and disclose information obtained in accordance with an international production order for an eligible purpose.

Item 180 Paragraph 157(2)(g) of Schedule 1

744. This item would omit 'Independent Commission Against Corruption' (first occurring) from paragraph 157(2)(g) of Schedule 1, and substitutes with 'Independent Commission Against Corruption (NSW)'.

745. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption from similarly named agencies in other jurisdictions.

Item 181 Subparagraph 157(2)(g)(i) of Schedule 1

746. This item would omit 'Independent Commission Against Corruption Act' from subparagraph 157(2)(g)(i) of Schedule 1, and substitutes with 'Independent Commission Against Corruption Act (NSW)".

747. The amendment ensures the definition distinguishes the New South Wales Independent Commission Against Corruption Act from similarly named legislation in other jurisdictions.

Item 182 Paragraphs 157(2)(h) and (i) of Schedule 1

748. This item would repeal paragraphs 157(2)(h) and (i) of Schedule 1 and replaces them with new paragraphs 157(2)(h) and (i) to clarify the jurisdiction and definition of eligible purpose in relation to the Inspector of the Independent Commission Against Corruption (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW).

749. This item would substitute paragraph 157(2)(h), in the case of the Independent Commission Against Corruption (NSW), with the following eligible purposes :

•

auditing the operations of the Independent Commission Against Corruption (NSW) for the purpose of monitoring compliance with the law of New South Wales,

•

dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act (NSW)) on the part of the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW),

•

dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act (NSW)) by the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW), or

•

assessing the effectiveness and appropriateness of the procedures of the Independent Commission Against Corruption (NSW) relating to the legality or propriety of that Commission's activities.

750. This item would substitute paragraph 157(2)(i), in the case of the Inspector of the Law Enforcement Conduct Commission (NSW), with the following eligible purposes :

•

auditing the operations of the Law Enforcement Conduct Commission (NSW) for the purpose of monitoring compliance with the law of New South Wales,

•

dealing with (by reports and recommendations) conduct amounting to agency maladministration (within the meaning of subsection 122(3) of the LECC Act (NSW)) on the part of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint,

•

dealing with (by reports and recommendations) conduct amounting to officer misconduct (within the meaning of subsection 122(3) of the LECC Act (NSW)) or officer maladministration (within the meaning of that subsection) on the part of an officer of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint, or

•

assessing the effectiveness and appropriateness of the policies and procedures of the Law Enforcement Conduct Commission (NSW) relating to the legality or propriety of that Commission's activities.

751. The amendment ensures the definition refers to the Inspector of the Independent Commission Against Corruption (NSW), the Independent Commission Against Corruption (NSW), the Independent Commission Against Corruption Act (NSW), the Inspector of the Law Enforcement Conduct Commission (NSW), the Law Enforcement Conduct Commission (NSW) and the LECC Act (NSW).

752. The amendment ensures the definition refers to the Inspector of the Independent Commission Against Corruption (NSW) and the Inspector of the Law Enforcement Conduct Commission (NSW), and to distinguish these agencies from similarly named agencies in other jurisdictions.

753. The amendment distinguishes the Independent Commission Against Corruption Act (NSW) and the LECC Act (NSW) from similarly named legislation in other jurisdictions.

Item 183 Paragraph 157(2)(j) of Schedule 1

754. This item would omit 'Law Enforcement Conduct Commission' from paragraph 157(2)(j) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission (NSW)'.

755. The amendment ensures the definition distinguishes the New South Wales Law Enforcement Conduct Commission from similarly named agencies in other jurisdictions.

Item 184 Subparagraph 157(2)(j)(i) of Schedule 1

756. This item would omit 'Law Enforcement Conduct Commission Act 2016 (NSW)' from subparagraph 157(2)(j)(i) of Schedule 1, and substitutes with 'Law Enforcement Conduct Commission Act (NSW)'. The amendment ensures the definition refers to the LECC Act (NSW) to provide consistency with the naming convention of oversight and integrity agencies' legislation throughout the TIA Act.

Item 185 Paragraph 157(2)(k) of Schedule 1

757. This item would omit 'IBAC' (first occurring) from paragraph 157(2)(k) of Schedule 1, and substitutes with 'IBAC (Vic.)'.

758. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 186 Subparagraphs 157(2)(k)(i) and (ii) of Schedule 1

759. This item would omit 'IBAC Act' (first occurring) from subparagraphs 157(2)(k)(i) and (ii) of Schedule 1, and substitutes with 'IBAC Act (Vic.)'.

760. The amendment ensures the definition distinguishes the Victorian Independent Broad-based Anti-corruption Commission from similarly named agencies in other jurisdictions.

Item 187 Subparagraphs 157(2)(l)(i) and (ii) of Schedule 1

761. This item would repeal paragraphs 157(2)(l)(i) and (ii) of Schedule 1 and substitute them with new paragraphs 157(2)(i)-(vi) to clarify the definition of eligible purpose in relation to the Victorian Inspectorate.

762. This item would repeal and substitute paragraph 157(2)(l)(i) and (ii), in case of the Victorian Inspectorate with the following eligible purposes :

•

monitoring the compliance of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) with the IBAC Act (Vic.) and other laws;

•

overseeing the performance by the IBAC (Vic.) of its functions under the Public Interest Disclosures Act 2012 (Vic.);

•

assessing the effectiveness and appropriateness of the policies and procedures of the IBAC (Vic.) which relate to the legality and propriety of IBAC (Vic.)'s activities;

•

receiving complaints in accordance with the Victorian Inspectorate Act about the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of that Act);

•

investigating and assessing the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) in the performance or exercise or purported performance or purported exercise of their duties, functions and powers;

•

reporting or making recommendations [on] an investigation [or assessment] covered by subparagraph (v) of this paragraph;

•

monitoring the interaction between the IBAC (Vic.) and other integrity bodies to ensure compliance with relevant laws; and

763. The amendment ensures the definition refers to the Victorian Inspectorate and the IBAC (Vic.) to distinguish these agencies from similarly named agencies in other jurisdictions.

Item 188 Paragraph 157(2)(m) of Schedule 1

764. This item would omit 'Corruption and Crime Commission' (first occurring) from paragraph 157(2)(m) of Schedule 1, and substitutes with 'Corruption and Crime Commission (WA)'.

765. The amendment ensures the definition distinguishes the Western Australia Corruption and Crime Commission from similarly named agencies in other jurisdictions.

Item 189 Subparagraph 157(2)(m)(i) of Schedule 1

766. This item would omit 'Corruption and Crime Commission Act' from subparagraph 157(2)(m)(i) of Schedule 1, and substitutes with 'Corruption, Crime and Misconduct Act (WA)'.

767. The amendment ensures the definition refers to the Corruption, Crime and Misconduct Act (WA) to distinguish it from similarly named legislation in other jurisdictions, and refer to the correct title of the legislation.

Item 190 Paragraph 157(2)(n) of Schedule 1

768. This item would omit 'Crime and Corruption Commission' from paragraph 157(2)(n) of Schedule 1, and substitutes this with 'Crime and Corruption Commission (Qld)'.

769. The amendment ensures the definition refers to the Crime and Corruption Commission (Qld) to distinguish the Queensland Crime and Corruption Commission from similarly named agencies in other jurisdictions.

Item 191 Subparagraph 157(2)(n)(i) of Schedule 1

770. This item would omit 'Crime and Corruption Act' from subparagraph 157(2)(n)(i) of Schedule 1, and substitutes this with 'Crime and Corruption Act (Qld)'.

771. The amendment ensures the definition distinguishes the Queensland Crime and Corruption Act from similarly named legislation in other jurisdictions.

Item 192 Paragraph 157(2)(o) of Schedule 1

772. This item would repeal paragraph 157(2)(o) of Schedule 1 to clarify the jurisdiction and definition of eligible purpose in relation to Parliamentary Inspector of the Corruption and Crime Commission (WA).

773. This item would substitute this paragraph with the following eligible purposes in relation to the Parliamentary Inspector of the Corruption and Crime Commission (WA):

•

auditing the operation of the Corruption, Crime and Misconduct Act (WA)

•

auditing the operations of the Corruption and Crime Commission (WA) for the purpose of monitoring compliance with the laws of Western Australia

•

dealing with matters of misconduct (within the meaning of the Corruption, Crime and Misconduct Act (WA)) on the part of the Corruption and Crime Commission (WA), an officer of the Corruption and Crime Commission (WA) or an officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA)

•

auditing any operation carried out pursuant to the powers conferred or made available by the Corruption, Crime and Misconduct Act (WA)

•

assessing the effectiveness and appropriateness of the Corruption and Crime Commission (WA)'s procedures

•

making recommendations to the Corruption and Crime Commission (WA), independent agencies (within the meaning of the Corruption, Crime and Misconduct Act (WA)) and appropriate authorities (within the meaning of that Act)

•

reporting and making recommendations to either House of Parliament of Western Australia and the Standing Committee (within the meaning of the Corruption, Crime and Misconduct Act (WA)), or

•

performing any other function given to the Parliamentary Inspector of the Corruption and Crime Commission (WA) under the Corruption, Crime and Misconduct Act (WA) or another law of Western Australia.

774. The amendment ensures the definition refers to the Parliamentary Inspector of the Corruption and Crime Commission (WA), the Corruption and Crime Commission (WA) and the Corruption, Crime and Misconduct Act (WA).

775. This assists in distinguishing the Parliamentary Inspector of the Corruption and Crime Commission (WA) from similarly named Inspectors in other jurisdictions.

776. The amendment also distinguishes the Corruption, Crime and Misconduct Act (WA) from similarly named legislation in other jurisdictions.

Item 193 At the end of subclause 157(2) of Schedule 1

777. This item would add a definition at the end of subclause 157(2) of Schedule 1 to include the Inspector of the Independent Commission Against Corruption (SA) to the definition of eligible purpose.

778. This item would add the following as eligible purposes of the Inspector of the Independent Commission Against Corruption (SA):

•

conducting annual reviews examining the operations of the Office for Public Integrity (SA) established by section 17 of the Independent Commission Against Corruption Act (SA), and the Independent Commission Against Corruption (SA), during each financial year

•

conducting reviews relating to relevant complaints (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)) received by the Inspector of the Independent Commission Against Corruption (SA)

•

conducting other reviews on the Inspector of the Independent Commission Against Corruption (SA)'s own motion or at the request of the Attorney General of South Australia or the Committee (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)), or

•

performing any other functions conferred on the Inspector of the Independent Commission Against Corruption (SA) by other laws of South Australia.

779. The amendment to add the Inspector of the Independent Commission Against Corruption (SA) to the subclause is required to establish the eligible purposes for which information obtained by the Inspector of the Independent Commission Against Corruption (SA), in accordance with an international production order, can be used and disclosed. These eligible purposes mirror the permitted purposes of the Inspector of the Independent Commission Against Corruption (SA) under subsection 5(1) to ensure consistency of its powers or functions conferred by the Act.

Item 194 Application provision - Inspector of the Independent Commission Against Corruption (SA)

780. This item would provide that the Inspector of the Independent Commission Against Corruption (SA) can exercise power or perform a function or duty covered by the amendments to this Schedule on or after the commencement of this Schedule.

781. The amendment ensures the Inspector of the Independent Commission Against Corruption (SA) is defined in the Act as it did not exist at the time other oversight and integrity agencies were introduced.

782. The amendment will enable the Inspector of the Independent Commission Against Corruption (SA) to scrutinise and audit interception activities, comply with its obligations under the Act, and fulfil its statutory functions through access to interception information and interception warrant information.

Item 195 Application provision - expansion of permitted purposes of oversight bodies

783. This item would outline the application provision of the amendments to the definition of permitted purposes in subsection 5(1) and the expansion of permitted purposes of oversight bodies under section 68 of the TIA Act.

784. The amendments apply in relation to:

•

a determination of whether the Minister is satisfied that the law of a State makes satisfactory provision in relation to the matters referred to in paragraph 35(1)(g); or

•

information communicated to another person, used or recorded under subsection 67(1); or

•

a determination of whether a chief officer shall cause a restricted record to be destroyed under subsection 79(1).

785. This item would provide that amendments made by this Schedule to section 68 of the TIA Act apply in relation to information communicated under that section on or after the commencement of the Schedule (whether that information was obtained before, on or after that commencement).

Item 196 Application provision - expansion of eligible purposes of oversight bodies

786. This item would outline the application provision for the expansion of eligible purposes under section 157 of Schedule 1 of the TIA Act.

787. This item would provide that amendments made by this Schedule to section 157 of Schedule 1 of the Act apply in relation to protected information used, recorded, disclosed or admitted in evidence under that item on or after the commencement of this Schedule (whether that information was obtained before, on or after that commencement).

SCHEDULE 6 - UNAUTHORISED DISCLOSURE OF INFORMATION BY CURRENT AND FORMER COMMONWEALTH OFFICERS ETC. - SUNSETTING EXTENSION

Criminal Code Act 1995 (Criminal Code)

Item 1 Subsection 122.4(3) of the Criminal Code

788. This item would amend subsection 122.4(3) to extend the sunsetting date of section 122.4 by 18 months to 29 June 2026.

789. Section 122.4 creates an offence where: a person communicates information; the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth entity; the person is under a duty not to disclose the information; and the duty arises under a law of the Commonwealth.

790. Section 122.4 was intended to be time-limited, to continue to apply criminal liability until these duties could be reviewed to determine whether each should be converted into a stand-alone specific secrecy offence or whether criminal liability should be removed. A comprehensive review of Commonwealth secrecy provisions, including the non-disclosure duties, was undertaken as a part of the Commonwealth Review of Secrecy Provisions (the Secrecy Review).

791. On 21 November 2023, the Government released the Final Report - Review of Secrecy Provisions, which made 11 recommendations to improve the operation of the Commonwealth's secrecy provisions, including section 122.4. The Final Report of the Secrecy Review identified that section 122.4 applied criminal liability to approximately 295 non-disclosure duties.

792. Subsequently, the Independent National Security Legislation Monitor's report Secrecy Offences - Review of Part 5.6 of the Criminal Code Act 1995 (the INSLM Review) was tabled in Parliament on 27 June 2024. The report also made 15 recommendations in relation to Commonwealth secrecy provisions, principally Part 5.6 (Secrecy) of the Criminal Code.

793. An 18-month extension to the sunsetting date of section 122.4 is required to retain criminal liability for relevant non-disclosure duties, while the Government considers and responds to the recommendations of the INSLM Review and implements recommendations associated with the Secrecy Review. This will ensure that any reforms to Part 5.6 of the Criminal Code (including section 122.4) can collectively consider the recommendations of both the Secrecy Review and the INSLM Review.

SCHEDULE 7 - MEANING OF HORS DE COMBAT

Criminal Code Act 1995 (Criminal Code)

Item 1 Dictionary in the Criminal Code (definition of hors de combat )

794. Amendment 7 will insert a new schedule at the end of the Bill: Schedule 7 - Meaning of hors de combat.

795. This Schedule retrospectively amends the definition of hors de combat in the Dictionary of the Criminal Code to correct an anomaly in the current drafting and confirm consistency between the Criminal Code and international law, as was intended when the definition of hors de combat was introduced.

796. Several crimes under Division 268 of the Criminal Code occur when they are committed against a person who is hors de combat. These provisions were introduced to create offences in Australian law that mirror war crimes that are grave breaches or other serious violations of the Geneva Conventions (including Common Article 3) and Additional Protocol I to the Geneva Conventions, and are identified in Article 8 of the Rome Statute of the International Criminal Court.

797. This Schedule does not change the substance of the law. This amendment ensures the investigation and prosecution of war crimes offences under Division 268 of the Criminal Code fully complies with Australia's obligations under international law.

798. Schedule 7 is to commence on 26 September 2002, consistent with when Division 268 commenced under the International Criminal Court (Consequential Amendments) Act 2002. The amendment will apply to any conduct engaged in from 26 September 2002 and any proceedings that are commenced from 26 September 2002, including proceedings not yet finalised.