{"id":"F2009B00184","name":"Telecommunications (Interception) Act 1979 - Declaration of agency - Police Force of Victoria","slug":"telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121619,"registerId":"commonwealth-F2009B00184-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception) Act 1979 - Declaration of agency - Police Force of Victoria","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\nTelecommunications (Interception) Act 1979\n\nDECLARATION UNDER SUBSECTION 34 (1)\n\nWhereas the Premier of the State of Victoria has requested that the Police Force of Victoria be declared an agency for the purposes of the Act, and\n\n Whereas I am satisfied that the law of Victoria makes satisfactory provision in relation to the matters set out in subsection 35 (1) of the Act, and\n\n Whereas I am satisfied that the State of Victoria has entered into an agreement as required buy subsection 35(2),\n\n Now therefore I, LIONEL FROST BOWEN, Attorney General of the Commonwealth of Australia, hereby declare, under subsection 34 (1) of the Act, the Police Force of Victoria to be an agency for the purposes of the Act.\n\nDated 28th October 1988.\n\nLIONEL BOWEN\n\nAttorney-General\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration does not amend the Act or expand its text; it applies an existing statutory category by declaring the Police Force of Victoria to be an \"agency\" under the Act (under the power in subsection 34(1)). The instrument therefore brings that body within the Act's pre‑existing scope rather than changing the Act's scope or substantive operation. The declaration records that statutory preconditions in subsections 35(1) and 35(2) have been met, but it does not itself alter those provisions."},"complexity_factors":["Document is a single, narrowly framed statutory declaration rather than a multi‑part legislative instrument.","Relies on cross‑references to subsections 34(1), 35(1) and 35(2) of the Act for substantive effects; understanding full consequences requires consulting those provisions and the referenced agreement.","Does not set out operational details, funding, or procedural mechanics, so legal effect depends on external texts (the Act and the intergovernmental agreement).","Contains an element of administrative discretion (Attorney‑General's satisfaction) but no explanation of the inquiry or evidentiary basis for that satisfaction."],"plain_english_summary":"The Attorney‑General declares the Police Force of Victoria an “agency” under the Telecommunications (Interception) Act 1979, following a request from the Victorian Premier and his satisfaction that statutory prerequisites and the required intergovernmental agreement are in place. The declaration changes Victoria Police’s legal category under the Act but does not itself spell out operational powers, procedures, funding or compliance obligations — those follow from the Act and the referenced agreement."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard administrative declaration made under the original framework of the 1979 Act. It performs exactly the function intended by section 34(1) — authorising a state police force to use interception powers. There is no scope creep; it is a routine exercise of the power as originally designed."},"complexity_factors":["Single operative paragraph with straightforward declaratory language","No defined terms within the instrument itself (relies on external Act)","No cross-references to other sections beyond the enabling subsection 34(1)","No conditional logic, exceptions, or procedural requirements within the instrument","Standard template format used for agency declarations under this Act"],"plain_english_summary":"This is a formal declaration made in 1988 by the Commonwealth Attorney-General, Lionel Bowen. It gives the **Victoria Police** the legal power to intercept (tap) phone calls and other telecommunications under the *Telecommunications (Interception) Act 1979*.\n\n**What it does:**\n- Declares Victoria Police as an \"agency\" — meaning an organisation authorised to apply for warrants to listen in on private communications\n- This allows them to investigate serious crimes like murder, drug trafficking, and organised crime by monitoring suspects' phone calls, texts, and emails\n\n**Why it matters:**\n- Intercepting communications is a serious invasion of privacy, so only specially approved agencies can do it\n- Before this declaration, Victoria Police couldn't directly access these federal interception powers\n- The Attorney-General only made this declaration after checking that:\n  - The Victorian Premier asked for it\n  - Victorian law had proper safeguards (oversight, reporting, limits on use)\n  - Victoria signed an agreement with the Commonwealth about how the powers would be used\n\n**In short:** This document is the 'licence' that lets Victoria Police legally tap phones under strict federal rules."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria","history":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria/history","analysis":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria/analysis","conflicts":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria/conflicts","importantCases":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria/important-cases","documents":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-police-force-of-victoria/documents"}}