{"id":"F2009B00189","name":"Telecommunications (Interception) Act 1979 - Declaration of an agency - State Drug Crime Commission of New South Wales","slug":"telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121634,"registerId":"commonwealth-F2009B00189-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 an agency - State Drug Crime Commission of New South Wales","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 acting Premier of the State of New South Wales has requested that the State Drug Crime Commission of New South Wales be declared an agency for the purposes of the Act, and\n\n Whereas I am satisfied that the law of New South Wales 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 New South Wales has entered into an agreement as required by 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 State Drug Crime Commission of New South Wales to be an agency for the purposes of the Act.\n\nDated this 23rd day of January 1989.\n\nLIONEL BOWEN\n\nAttorney-General\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the parent Act's framework — authorising specific state agencies to access federal interception powers. It has not expanded beyond the original legislative scheme for agency declarations."},"complexity_factors":["Single-purpose instrument: only declares one agency under one subsection","No defined terms within the instrument itself — relies entirely on external statutory references","Minimal conditional logic: three 'whereas' clauses establishing preconditions, followed by a straightforward declaration","No cross-referencing beyond naming the parent Act and specific subsections (34(1), 35(1), 35(2))","Extremely short: approximately 150 words of operative text","Standardised, template-like structure common to agency declarations under this Act"],"plain_english_summary":"This is a formal declaration made under the **Telecommunications (Interception) Act 1979** — the law that governs when Australian agencies can legally tap phones and intercept communications.\n\n**What it does:**\n- Declares the **State Drug Crime Commission of New South Wales** as an \"agency\" under the Act\n- This designation allows the Commission to apply for warrants to intercept telecommunications (phone calls, messages, etc.) as part of criminal investigations\n\n**Who it affects:**\n- The State Drug Crime Commission of NSW — now empowered to use federal interception powers\n- People under investigation by this Commission — their communications may now be legally intercepted with proper judicial approval\n- The NSW and Commonwealth governments — who must maintain an agreement about how these powers are used\n\n**Why it matters:**\nPhone interception is one of the most intrusive surveillance powers available to law enforcement. This declaration extends that federal power to a state-level drug crime body, but only after the Attorney-General was satisfied that:\n- NSW law properly oversees how the Commission uses these powers (subsection 35(1)), and\n- A formal agreement exists between NSW and the Commonwealth about cooperation and safeguards (subsection 35(2))\n\nThis is part of a system where state bodies can access federal interception powers, but only with strict conditions and oversight."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The document does not change the substantive scope of the Act itself; it applies the Act to an additional body by declaring the State Drug Crime Commission of New South Wales to be an \"agency\" under the Act, contingent on statutory preconditions. The text records a formal exercise of power provided by the Act (subsection 34(1)) rather than altering the Act's terms or original legislative intent."},"complexity_factors":["Short, single-purpose instrument: a one-paragraph declaration with minimal operative content.","References to other statutory provisions (subsections 34(1), 35(1) and 35(2)) that carry substantive requirements not reproduced here.","Discretionary assessment by the Attorney-General (recorded as \"satisfied\") without explanation of the criteria or standards applied.","Dependence on external documents (New South Wales law and an agreement) to establish the substantive legal conditions for the declaration."],"plain_english_summary":"The Attorney‑General formally declares the State Drug Crime Commission of New South Wales to be an “agency” for the purposes of the Telecommunications (Interception) Act 1979, acting on a request from the NSW acting Premier. The declaration — dated 23 January 1989 — is conditional on the Attorney‑General’s satisfaction that NSW law and the required intergovernmental agreement meet the Act’s prerequisites, thereby bringing the Commission within the Act’s legal framework."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new","history":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new/history","analysis":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new/analysis","conflicts":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new/conflicts","importantCases":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new/important-cases","documents":"/api/acts/telecommunications-interception-act-1979-declaration-of-an-agency-state-drug-crime-commission-of-new/documents"}}