{"id":"qld:act-2009-010","name":"Telecommunications Interception Act 2009","slug":"telecommunications-interception-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"10 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29895,"registerId":"qld-act-2009-010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Telecommunications Interception Act 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of expressions used in Commonwealth Act","content":"### sec.4 Meaning of expressions used in Commonwealth Act\n\nUnless the contrary intention appears, a word or expression used in this Act that is not defined in this Act has the meaning given by the Commonwealth Act .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Objective","content":"### sec.5 Objective\n\nThe main objective of this Act is to enable the use by the police service and the CCC of telecommunications interception as a tool for the investigation of serious offences.\nThe main objective is to be achieved by establishing a recording, reporting and inspection regime required under the Commonwealth Act for the Commonwealth Minister to be able to declare the police service and the CCC to be agencies under the Commonwealth Act .\ns&#160;5 amd 2014 No.&#160;21 s&#160;94 (2) sch&#160;2\n(sec.5-ssec.1) The main objective of this Act is to enable the use by the police service and the CCC of telecommunications interception as a tool for the investigation of serious offences.\n(sec.5-ssec.2) The main objective is to be achieved by establishing a recording, reporting and inspection regime required under the Commonwealth Act for the Commonwealth Minister to be able to declare the police service and the CCC to be agencies under the Commonwealth Act .","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Notification to and appearance of PIM","content":"# Notification to and appearance of PIM","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of pt&#160;2","content":"### sec.6 Application of pt&#160;2\n\nThis part applies if an officer of an eligible authority intends to make—\nan application for a part&#160;2-5 warrant under the Commonwealth Act , section&#160;39 (a part&#160;2-5 warrant application ); or\nan application for an international production order under the Commonwealth Act , schedule&#160;1 , clause 22 (an IPO (investigative) application ); or\nan application for an international production order under the Commonwealth Act , schedule&#160;1 , clause 52 (an IPO (supervisory) application ).\ns&#160;6 sub 2023 No.&#160;1 s&#160;83\n- (a) an application for a part&#160;2-5 warrant under the Commonwealth Act , section&#160;39 (a part&#160;2-5 warrant application ); or\n- (b) an application for an international production order under the Commonwealth Act , schedule&#160;1 , clause 22 (an IPO (investigative) application ); or\n- (c) an application for an international production order under the Commonwealth Act , schedule&#160;1 , clause 52 (an IPO (supervisory) application ).","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"PIM must be notified","content":"### sec.7 PIM must be notified\n\nThe officer must notify the PIM of the application under arrangements decided by the PIM.\nIf the officer intends to make the application in writing, the officer must give the PIM—\na copy of the written application; and\na copy of the affidavit required to accompany the written application under—\nfor a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;42 ; or\nfor an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 25; or\nfor an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 55.\nIf the officer intends to make the application by telephone, the officer must give the PIM the information required to be given on a telephone application under—\nfor a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;43 ; or\nfor an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 26; or\nfor an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 56.\ns&#160;7 amd 2023 No.&#160;1 s&#160;84\n(sec.7-ssec.1) The officer must notify the PIM of the application under arrangements decided by the PIM.\n(sec.7-ssec.2) If the officer intends to make the application in writing, the officer must give the PIM— a copy of the written application; and a copy of the affidavit required to accompany the written application under— for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;42 ; or for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 25; or for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 55.\n(sec.7-ssec.3) If the officer intends to make the application by telephone, the officer must give the PIM the information required to be given on a telephone application under— for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;43 ; or for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 26; or for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 56.\n- (a) a copy of the written application; and\n- (b) a copy of the affidavit required to accompany the written application under— (i) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;42 ; or (ii) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 25; or (iii) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 55.\n- (i) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;42 ; or\n- (ii) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 25; or\n- (iii) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 55.\n- (i) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;42 ; or\n- (ii) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 25; or\n- (iii) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 55.\n- (a) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;43 ; or\n- (b) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 26; or\n- (c) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 56.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Full disclosure to PIM","content":"### sec.8 Full disclosure to PIM\n\nThe officer must also fully disclose to the PIM all matters of which the officer is aware, both favourable and adverse to the issuing of the part&#160;2-5 warrant or international production order.\ns&#160;8 amd 2023 No.&#160;1 s&#160;85","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"PIM to be given further information","content":"### sec.9 PIM to be given further information\n\nThe officer must also give the PIM any further information that is required to be given to the eligible Judge or nominated ART member in connection with the application under—\nfor a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;44 ; or\nfor an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 27; or\nfor an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 57.\ns&#160;9 sub 2023 No.&#160;1 s&#160;86\namd 2024 No.&#160;47 s&#160;78 sch&#160;2\n- (a) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;44 ; or\n- (b) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 27; or\n- (c) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 57.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"PIM entitled to appear","content":"### sec.10 PIM entitled to appear\n\nTo test the validity of the application, the PIM is entitled to appear at the hearing of the application, make submissions to the eligible Judge or nominated ART member and question persons as provided under—\nfor a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;45 ; or\nfor an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 29; or\nfor an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 59.\nAs soon as practicable after the application is heard, the PIM must return to the officer any documents given by the officer to the PIM under section&#160;7 , 8 or 9 in relation to the application.\ns&#160;10 amd 2023 No.&#160;1 s&#160;87 ; 2024 No.&#160;47 s&#160;78 sch&#160;2\n(sec.10-ssec.1) To test the validity of the application, the PIM is entitled to appear at the hearing of the application, make submissions to the eligible Judge or nominated ART member and question persons as provided under— for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;45 ; or for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 29; or for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 59.\n(sec.10-ssec.2) As soon as practicable after the application is heard, the PIM must return to the officer any documents given by the officer to the PIM under section&#160;7 , 8 or 9 in relation to the application.\n- (a) for a part&#160;2-5 warrant application—the Commonwealth Act , section&#160;45 ; or\n- (b) for an IPO (investigative) application—the Commonwealth Act , schedule&#160;1 , clause 29; or\n- (c) for an IPO (supervisory) application—the Commonwealth Act , schedule&#160;1 , clause 59.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Confidentiality obligations not to apply","content":"### sec.11 Confidentiality obligations not to apply\n\nThis section applies to—\nan officer of an eligible authority; and\na person questioned by the PIM in relation to an application as mentioned in section&#160;10 (1) .\nAn obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the person, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this part.\ns&#160;11 amd 2023 No.&#160;1 s&#160;88\n(sec.11-ssec.1) This section applies to— an officer of an eligible authority; and a person questioned by the PIM in relation to an application as mentioned in section&#160;10 (1) .\n(sec.11-ssec.2) An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the person, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this part.\n- (a) an officer of an eligible authority; and\n- (b) a person questioned by the PIM in relation to an application as mentioned in section&#160;10 (1) .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"PIM to report to Minister about noncompliance","content":"### sec.12 PIM to report to Minister about noncompliance\n\nWhenever the PIM considers it appropriate, the PIM may give the Minister a report on noncompliance by an eligible authority with this Act or the Commonwealth Act .\nThe report must not contain information mentioned in—\nfor a report relating to a part&#160;2-5 warrant —the Commonwealth Act , section&#160;63 ; or\nfor a report relating to an international production order—the Commonwealth Act , schedule&#160;1 , clause 152.\nThe PIM must give a copy of the report to—\nif the eligible authority is the CCC—the parliamentary commissioner and the parliamentary committee; or\nif the eligible authority is the police service—the Police Minister.\ns&#160;12 amd 2014 No.&#160;21 s&#160;94 (2) sch&#160;2 ; 2023 No.&#160;1 s&#160;89\n(sec.12-ssec.1) Whenever the PIM considers it appropriate, the PIM may give the Minister a report on noncompliance by an eligible authority with this Act or the Commonwealth Act .\n(sec.12-ssec.2) The report must not contain information mentioned in— for a report relating to a part&#160;2-5 warrant —the Commonwealth Act , section&#160;63 ; or for a report relating to an international production order—the Commonwealth Act , schedule&#160;1 , clause 152.\n(sec.12-ssec.3) The PIM must give a copy of the report to— if the eligible authority is the CCC—the parliamentary commissioner and the parliamentary committee; or if the eligible authority is the police service—the Police Minister.\n- (a) for a report relating to a part&#160;2-5 warrant —the Commonwealth Act , section&#160;63 ; or\n- (b) for a report relating to an international production order—the Commonwealth Act , schedule&#160;1 , clause 152.\n- (a) if the eligible authority is the CCC—the parliamentary commissioner and the parliamentary committee; or\n- (b) if the eligible authority is the police service—the Police Minister.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Relationship of provisions of other Acts to PIM and deputy PIMs","content":"### sec.13 Relationship of provisions of other Acts to PIM and deputy PIMs\n\nThe Police Powers and Responsibilities Act 2000 , section&#160;740 and the Crime and Corruption Act 2001 , section&#160;324 provide for the appointment of a PIM and 1 or more deputy PIMs (each an appointment provision of an appointment Act ).\nHowever, despite the functions and powers of a PIM or deputy PIM mentioned in an appointment provision or any other provision of an appointment Act—\nthe functions and powers do not apply for the purposes of this Act; and\nthe PIM and deputy PIM have instead the functions or powers conferred by this Act.\ns&#160;13 amd 2014 No.&#160;21 s&#160;94 (2) sch&#160;2\n(sec.13-ssec.1) The Police Powers and Responsibilities Act 2000 , section&#160;740 and the Crime and Corruption Act 2001 , section&#160;324 provide for the appointment of a PIM and 1 or more deputy PIMs (each an appointment provision of an appointment Act ).\n(sec.13-ssec.2) However, despite the functions and powers of a PIM or deputy PIM mentioned in an appointment provision or any other provision of an appointment Act— the functions and powers do not apply for the purposes of this Act; and the PIM and deputy PIM have instead the functions or powers conferred by this Act.\n- (a) the functions and powers do not apply for the purposes of this Act; and\n- (b) the PIM and deputy PIM have instead the functions or powers conferred by this Act.","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Record-keeping and related functions of eligible authorities relating to part&#160;2-5 warrants","content":"# Record-keeping and related functions of eligible authorities relating to part&#160;2-5 warrants","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Eligible authority to keep documents connected with issue of part&#160;2-5 warrants","content":"### sec.14 Eligible authority to keep documents connected with issue of part&#160;2-5 warrants\n\nThe chief officer of an eligible authority must cause the following to be kept in the authority’s part&#160;2-5 warrant records—\neach approval to exercise the authority conferred by part&#160;2-5 warrants given under section&#160;55 (3) of the Commonwealth Act ;\neach appointment of an officer of the eligible authority to be an approving officer made under section&#160;55 (4) of the Commonwealth Act ;\neach part&#160;2-5 warrant issued to the authority;\na copy of each document, other than a document mentioned in section&#160;10 (2) , given by the PIM to an officer of the eligible authority under part&#160;2 in relation to the issue of the part&#160;2-5 warrant ;\na copy of each notification given to the secretary of the Commonwealth department under section&#160;59A (2) of the Commonwealth Act ;\neach instrument revoking a part&#160;2-5 warrant ;\na copy of each certificate issued under section&#160;61 (4) of the Commonwealth Act by a certifying officer of the authority;\neach appointment of an officer of the eligible authority to be an authorising officer made under section&#160;66 (4) of the Commonwealth Act ;\neach authorisation by the chief officer, or an authorising officer of the eligible authority, given under section&#160;66 (2) of the Commonwealth Act .\ns&#160;14 amd 2017 No.&#160;6 s&#160;74 ; 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n- (a) each approval to exercise the authority conferred by part&#160;2-5 warrants given under section&#160;55 (3) of the Commonwealth Act ;\n- (b) each appointment of an officer of the eligible authority to be an approving officer made under section&#160;55 (4) of the Commonwealth Act ;\n- (c) each part&#160;2-5 warrant issued to the authority;\n- (d) a copy of each document, other than a document mentioned in section&#160;10 (2) , given by the PIM to an officer of the eligible authority under part&#160;2 in relation to the issue of the part&#160;2-5 warrant ;\n- (e) a copy of each notification given to the secretary of the Commonwealth department under section&#160;59A (2) of the Commonwealth Act ;\n- (f) each instrument revoking a part&#160;2-5 warrant ;\n- (g) a copy of each certificate issued under section&#160;61 (4) of the Commonwealth Act by a certifying officer of the authority;\n- (h) each appointment of an officer of the eligible authority to be an authorising officer made under section&#160;66 (4) of the Commonwealth Act ;\n- (i) each authorisation by the chief officer, or an authorising officer of the eligible authority, given under section&#160;66 (2) of the Commonwealth Act .","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Other part&#160;2-5 warrant records to be kept by eligible authority in connection with interceptions under part&#160;2-5 warrants","content":"### sec.15 Other part&#160;2-5 warrant records to be kept by eligible authority in connection with interceptions under part&#160;2-5 warrants\n\nThe chief officer of an eligible authority must cause to be recorded in writing—\nparticulars of each part&#160;2-5 warrant application made by the authority by telephone, including, for example, particulars of—\nthe information given to the eligible Judge or nominated ART member on the application; and\nthe further information, if any, required by the eligible Judge or nominated ART member to be given in connection with the application; and\nfor each part&#160;2-5 warrant application made by the authority, a statement as to whether—\nthe application was withdrawn or refused; or\na warrant was issued on the application; and\nfor each part&#160;2-5 warrant whose authority is exercised by the eligible authority, particulars of—\nthe warrant; and\nthe day and time each interception under the warrant began; and\nhow long each interception lasted; and\nthe name of the person who carried out each interception; and\nfor a named person warrant—each service to or from which communications have been intercepted under the warrant; and\nfor each restricted record that has at any time been in the authority’s possession, particulars of—\nif the restricted record is a record obtained by an interception under a part&#160;2-5 warrant issued to the authority—that part&#160;2-5 warrant ; and\neach occasion when the restricted record came, whether by its making or otherwise, to be in the authority’s possession; and\neach occasion, if any, when the restricted record stopped, whether by its destruction or otherwise, being in the authority’s possession; and\neach other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and\nparticulars of each use made by the authority of lawfully intercepted information; and\nparticulars of each communication by an officer of the authority to a person or body other than an officer of the authority of lawfully intercepted information; and\nparticulars of each occasion when, to the knowledge of an officer of the authority, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the authority.\nThe record must be made as soon as practicable after the happening of the events to which the particulars relate or the statement relates.\nIf a part&#160;2-5 warrant is a named person warrant, the particulars mentioned in subsection&#160;(1) (c) (ii) must indicate the service in relation to which each interception happened.\nThe chief officer of an eligible authority must cause to be kept in the authority’s part&#160;2-5 warrant records each record that the chief officer has caused to be made under this section.\ns&#160;15 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1 ; 2024 No.&#160;47 s&#160;78 sch&#160;2\n(sec.15-ssec.1) The chief officer of an eligible authority must cause to be recorded in writing— particulars of each part&#160;2-5 warrant application made by the authority by telephone, including, for example, particulars of— the information given to the eligible Judge or nominated ART member on the application; and the further information, if any, required by the eligible Judge or nominated ART member to be given in connection with the application; and for each part&#160;2-5 warrant application made by the authority, a statement as to whether— the application was withdrawn or refused; or a warrant was issued on the application; and for each part&#160;2-5 warrant whose authority is exercised by the eligible authority, particulars of— the warrant; and the day and time each interception under the warrant began; and how long each interception lasted; and the name of the person who carried out each interception; and for a named person warrant—each service to or from which communications have been intercepted under the warrant; and for each restricted record that has at any time been in the authority’s possession, particulars of— if the restricted record is a record obtained by an interception under a part&#160;2-5 warrant issued to the authority—that part&#160;2-5 warrant ; and each occasion when the restricted record came, whether by its making or otherwise, to be in the authority’s possession; and each occasion, if any, when the restricted record stopped, whether by its destruction or otherwise, being in the authority’s possession; and each other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and particulars of each use made by the authority of lawfully intercepted information; and particulars of each communication by an officer of the authority to a person or body other than an officer of the authority of lawfully intercepted information; and particulars of each occasion when, to the knowledge of an officer of the authority, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the authority.\n(sec.15-ssec.2) The record must be made as soon as practicable after the happening of the events to which the particulars relate or the statement relates.\n(sec.15-ssec.3) If a part&#160;2-5 warrant is a named person warrant, the particulars mentioned in subsection&#160;(1) (c) (ii) must indicate the service in relation to which each interception happened.\n(sec.15-ssec.4) The chief officer of an eligible authority must cause to be kept in the authority’s part&#160;2-5 warrant records each record that the chief officer has caused to be made under this section.\n- (a) particulars of each part&#160;2-5 warrant application made by the authority by telephone, including, for example, particulars of— (i) the information given to the eligible Judge or nominated ART member on the application; and (ii) the further information, if any, required by the eligible Judge or nominated ART member to be given in connection with the application; and\n- (i) the information given to the eligible Judge or nominated ART member on the application; and\n- (ii) the further information, if any, required by the eligible Judge or nominated ART member to be given in connection with the application; and\n- (b) for each part&#160;2-5 warrant application made by the authority, a statement as to whether— (i) the application was withdrawn or refused; or (ii) a warrant was issued on the application; and\n- (i) the application was withdrawn or refused; or\n- (ii) a warrant was issued on the application; and\n- (c) for each part&#160;2-5 warrant whose authority is exercised by the eligible authority, particulars of— (i) the warrant; and (ii) the day and time each interception under the warrant began; and (iii) how long each interception lasted; and (iv) the name of the person who carried out each interception; and (v) for a named person warrant—each service to or from which communications have been intercepted under the warrant; and\n- (i) the warrant; and\n- (ii) the day and time each interception under the warrant began; and\n- (iii) how long each interception lasted; and\n- (iv) the name of the person who carried out each interception; and\n- (v) for a named person warrant—each service to or from which communications have been intercepted under the warrant; and\n- (d) for each restricted record that has at any time been in the authority’s possession, particulars of— (i) if the restricted record is a record obtained by an interception under a part&#160;2-5 warrant issued to the authority—that part&#160;2-5 warrant ; and (ii) each occasion when the restricted record came, whether by its making or otherwise, to be in the authority’s possession; and (iii) each occasion, if any, when the restricted record stopped, whether by its destruction or otherwise, being in the authority’s possession; and (iv) each other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and\n- (i) if the restricted record is a record obtained by an interception under a part&#160;2-5 warrant issued to the authority—that part&#160;2-5 warrant ; and\n- (ii) each occasion when the restricted record came, whether by its making or otherwise, to be in the authority’s possession; and\n- (iii) each occasion, if any, when the restricted record stopped, whether by its destruction or otherwise, being in the authority’s possession; and\n- (iv) each other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and\n- (e) particulars of each use made by the authority of lawfully intercepted information; and\n- (f) particulars of each communication by an officer of the authority to a person or body other than an officer of the authority of lawfully intercepted information; and\n- (g) particulars of each occasion when, to the knowledge of an officer of the authority, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the authority.\n- (i) the information given to the eligible Judge or nominated ART member on the application; and\n- (ii) the further information, if any, required by the eligible Judge or nominated ART member to be given in connection with the application; and\n- (i) the application was withdrawn or refused; or\n- (ii) a warrant was issued on the application; and\n- (i) the warrant; and\n- (ii) the day and time each interception under the warrant began; and\n- (iii) how long each interception lasted; and\n- (iv) the name of the person who carried out each interception; and\n- (v) for a named person warrant—each service to or from which communications have been intercepted under the warrant; and\n- (i) if the restricted record is a record obtained by an interception under a part&#160;2-5 warrant issued to the authority—that part&#160;2-5 warrant ; and\n- (ii) each occasion when the restricted record came, whether by its making or otherwise, to be in the authority’s possession; and\n- (iii) each occasion, if any, when the restricted record stopped, whether by its destruction or otherwise, being in the authority’s possession; and\n- (iv) each other agency or other body, if any, from or to which, or other person, if any, from or to whom, the authority received or supplied the restricted record; and","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Documents to be given by eligible authority to State Minister","content":"### sec.16 Documents to be given by eligible authority to State Minister\n\nThe chief officer of an eligible authority must give the Minister—\nwithin 3 months after a part&#160;2-5 warrant issued to the authority stops being in force, a written report about—\nthe use made by the authority of information obtained by interceptions under the warrant; and\nthe communication of that information to persons other than officers of the authority; and\nas soon as practicable, and in any event within 3 months after each 30 June, a written report that sets out the information that—\npart&#160;2 -8, division&#160;2 of the Commonwealth Act requires to be set out in the Commonwealth Minister’s report under part&#160;2 -8, division&#160;2 for the year ending on that 30 June; and\ncan be derived from the authority’s part&#160;2 -5 warrant records.\ns&#160;16 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n- (a) within 3 months after a part&#160;2-5 warrant issued to the authority stops being in force, a written report about— (i) the use made by the authority of information obtained by interceptions under the warrant; and (ii) the communication of that information to persons other than officers of the authority; and\n- (i) the use made by the authority of information obtained by interceptions under the warrant; and\n- (ii) the communication of that information to persons other than officers of the authority; and\n- (b) as soon as practicable, and in any event within 3 months after each 30 June, a written report that sets out the information that— (i) part&#160;2 -8, division&#160;2 of the Commonwealth Act requires to be set out in the Commonwealth Minister’s report under part&#160;2 -8, division&#160;2 for the year ending on that 30 June; and (ii) can be derived from the authority’s part&#160;2 -5 warrant records.\n- (i) part&#160;2 -8, division&#160;2 of the Commonwealth Act requires to be set out in the Commonwealth Minister’s report under part&#160;2 -8, division&#160;2 for the year ending on that 30 June; and\n- (ii) can be derived from the authority’s part&#160;2 -5 warrant records.\n- (i) the use made by the authority of information obtained by interceptions under the warrant; and\n- (ii) the communication of that information to persons other than officers of the authority; and\n- (i) part&#160;2 -8, division&#160;2 of the Commonwealth Act requires to be set out in the Commonwealth Minister’s report under part&#160;2 -8, division&#160;2 for the year ending on that 30 June; and\n- (ii) can be derived from the authority’s part&#160;2 -5 warrant records.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Documents to be given by State Minister to Commonwealth Minister","content":"### sec.17 Documents to be given by State Minister to Commonwealth Minister\n\nThe Minister must give the Commonwealth Minister a copy of a report mentioned in section&#160;16 (a) or (b) .\nThe copy of the report must be given to the Commonwealth Minister as soon as practicable after it is given to the Minister.\n(sec.17-ssec.1) The Minister must give the Commonwealth Minister a copy of a report mentioned in section&#160;16 (a) or (b) .\n(sec.17-ssec.2) The copy of the report must be given to the Commonwealth Minister as soon as practicable after it is given to the Minister.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Keeping of restricted records by eligible authority","content":"### sec.18 Keeping of restricted records by eligible authority\n\nThe chief officer of an eligible authority must cause a restricted record in the possession of the authority to be kept, other than when it is being otherwise dealt with under the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled to deal with it.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Destruction of restricted records by eligible authority","content":"### sec.19 Destruction of restricted records by eligible authority\n\nSubject to section&#160;20 , the chief officer of an eligible authority must cause a restricted record of a type mentioned in section&#160;18 to be destroyed immediately if the chief officer is satisfied the restricted record is not likely to be required for a permitted purpose in relation to the eligible authority.\nFor subsection&#160;(1) , a permitted purpose does not include a purpose connected with—\nan inspection of a type mentioned in section&#160;22 (1) (a) ; or\na report on an inspection of a type mentioned in section&#160;22 (1) (a) .\n(sec.19-ssec.1) Subject to section&#160;20 , the chief officer of an eligible authority must cause a restricted record of a type mentioned in section&#160;18 to be destroyed immediately if the chief officer is satisfied the restricted record is not likely to be required for a permitted purpose in relation to the eligible authority.\n(sec.19-ssec.2) For subsection&#160;(1) , a permitted purpose does not include a purpose connected with— an inspection of a type mentioned in section&#160;22 (1) (a) ; or a report on an inspection of a type mentioned in section&#160;22 (1) (a) .\n- (a) an inspection of a type mentioned in section&#160;22 (1) (a) ; or\n- (b) a report on an inspection of a type mentioned in section&#160;22 (1) (a) .","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Commonwealth Minister and inspecting entity to inspect restricted record before destruction","content":"### sec.20 Commonwealth Minister and inspecting entity to inspect restricted record before destruction\n\nThe chief officer of an eligible authority must not cause a restricted record to be destroyed under section&#160;19 unless—\nthe chief officer has received from the secretary of the Commonwealth department written notice that the entry in the general register relating to the part&#160;2 -5 warrant under which the restricted record was obtained has been inspected by the Commonwealth Minister; and\nthe chief officer first—\nnotifies the eligible authority’s inspecting entity that the chief officer intends to destroy the record; and\ngives the inspecting entity the opportunity to inspect the record.\ns&#160;20 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n- (a) the chief officer has received from the secretary of the Commonwealth department written notice that the entry in the general register relating to the part&#160;2 -5 warrant under which the restricted record was obtained has been inspected by the Commonwealth Minister; and\n- (b) the chief officer first— (i) notifies the eligible authority’s inspecting entity that the chief officer intends to destroy the record; and (ii) gives the inspecting entity the opportunity to inspect the record.\n- (i) notifies the eligible authority’s inspecting entity that the chief officer intends to destroy the record; and\n- (ii) gives the inspecting entity the opportunity to inspect the record.\n- (i) notifies the eligible authority’s inspecting entity that the chief officer intends to destroy the record; and\n- (ii) gives the inspecting entity the opportunity to inspect the record.","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Functions and powers of inspecting entity for inspections relating to part&#160;2-5 warrant records","content":"# Functions and powers of inspecting entity for inspections relating to part&#160;2-5 warrant records","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Definition for pt&#160;4","content":"### sec.21 Definition for pt&#160;4\n\nIn this part—\nofficer , of an eligible authority, includes a person employed by or engaged in the authority.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"General functions and powers","content":"### sec.22 General functions and powers\n\nAn eligible authority’s inspecting entity—\nmust inspect the eligible authority’s part&#160;2-5 warrant records as required under section&#160;23 to ascertain the extent of compliance by the authority’s officers with sections&#160;14 to 16 and 18 to 20 ; and\nmust report in writing to the Minister about the results of the inspections; and\nmay do anything necessary or convenient for the performance of the functions mentioned in paragraphs&#160;(a) and (b) .\nHowever, a person who performs a function or exercises a power under part&#160;2 in relation to a particular part&#160;2-5 warrant application by an eligible authority must not undertake an inspection of the eligible authority’s part&#160;2-5 warrant records for the purpose mentioned in subsection&#160;(1) (a) in relation to a record of the eligible authority that relates to the application.\nIf the PIM is unable, under subsection&#160;(2) , to undertake an inspection of the eligible authority’s part&#160;2-5 warrant records in relation to a record of the eligible authority that relates to a particular part&#160;2-5 warrant application, the inspection must be undertaken by a deputy PIM nominated by the PIM and for the purposes of the inspection—\nthe deputy PIM is not acting under a delegation of the PIM; and\nthe deputy PIM is taken to be the inspecting entity.\nA deputy PIM must, if asked by a person affected by the exercise of a power by the deputy PIM under this part, produce the instrument of nomination, or a copy of the instrument, for the person’s inspection.\ns&#160;22 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.22-ssec.1) An eligible authority’s inspecting entity— must inspect the eligible authority’s part&#160;2-5 warrant records as required under section&#160;23 to ascertain the extent of compliance by the authority’s officers with sections&#160;14 to 16 and 18 to 20 ; and must report in writing to the Minister about the results of the inspections; and may do anything necessary or convenient for the performance of the functions mentioned in paragraphs&#160;(a) and (b) .\n(sec.22-ssec.2) However, a person who performs a function or exercises a power under part&#160;2 in relation to a particular part&#160;2-5 warrant application by an eligible authority must not undertake an inspection of the eligible authority’s part&#160;2-5 warrant records for the purpose mentioned in subsection&#160;(1) (a) in relation to a record of the eligible authority that relates to the application.\n(sec.22-ssec.3) If the PIM is unable, under subsection&#160;(2) , to undertake an inspection of the eligible authority’s part&#160;2-5 warrant records in relation to a record of the eligible authority that relates to a particular part&#160;2-5 warrant application, the inspection must be undertaken by a deputy PIM nominated by the PIM and for the purposes of the inspection— the deputy PIM is not acting under a delegation of the PIM; and the deputy PIM is taken to be the inspecting entity.\n(sec.22-ssec.4) A deputy PIM must, if asked by a person affected by the exercise of a power by the deputy PIM under this part, produce the instrument of nomination, or a copy of the instrument, for the person’s inspection.\n- (a) must inspect the eligible authority’s part&#160;2-5 warrant records as required under section&#160;23 to ascertain the extent of compliance by the authority’s officers with sections&#160;14 to 16 and 18 to 20 ; and\n- (b) must report in writing to the Minister about the results of the inspections; and\n- (c) may do anything necessary or convenient for the performance of the functions mentioned in paragraphs&#160;(a) and (b) .\n- (a) the deputy PIM is not acting under a delegation of the PIM; and\n- (b) the deputy PIM is taken to be the inspecting entity.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Regular inspections of eligible authority’s part&#160;2-5 warrant records","content":"### sec.23 Regular inspections of eligible authority’s part&#160;2-5 warrant records\n\nThe inspecting entity must inspect the eligible authority’s part&#160;2-5 warrant records at least once before the end of the financial year in which the eligible authority is declared to be an agency under the Commonwealth Act to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records since the commencement of this Act.\nAfter the financial year mentioned in subsection&#160;(1) , the inspecting entity must inspect the eligible authority’s part&#160;2-5 warrant records at least twice during each financial year to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records since the inspecting entity last inspected the authority’s part&#160;2-5 warrant records under this part.\nThe inspecting entity may at any time inspect the eligible authority’s part&#160;2-5 warrant records to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records during any period.\ns&#160;23 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.23-ssec.1) The inspecting entity must inspect the eligible authority’s part&#160;2-5 warrant records at least once before the end of the financial year in which the eligible authority is declared to be an agency under the Commonwealth Act to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records since the commencement of this Act.\n(sec.23-ssec.2) After the financial year mentioned in subsection&#160;(1) , the inspecting entity must inspect the eligible authority’s part&#160;2-5 warrant records at least twice during each financial year to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records since the inspecting entity last inspected the authority’s part&#160;2-5 warrant records under this part.\n(sec.23-ssec.3) The inspecting entity may at any time inspect the eligible authority’s part&#160;2-5 warrant records to find out the extent to which the authority’s officers have complied with sections&#160;14 to 16 and 18 to 20 in relation to the records during any period.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Reports to Minister","content":"### sec.24 Reports to Minister\n\nThe inspecting entity, as soon as practicable, and in any event within 3 months after the end of each financial year, must report to the Minister in writing, in relation to the eligible authority, about the results of an inspection under section&#160;23 of the authority’s part&#160;2-5 warrant records to find out the extent to which the authority’s officers have complied with sections&#160;14 , 15 , 18 and 19 in relation to the records.\nThe inspecting entity must include in each report under subsection&#160;(1) in relation to a financial year—\na summary of the inspections conducted in the financial year under section&#160;23 ; and\nparticulars of any deficiencies identified that impact on the integrity of the telecommunications interception regime established by the Commonwealth Act ; and\nparticulars of the remedial action, if any, taken or proposed to be taken to address those deficiencies.\nIn complying with this section, the inspecting entity remains bound by the obligations imposed by section&#160;63 of the Commonwealth Act relating to disclosure of intercepted information or interception warrant information.\nThe inspecting entity may report to the Minister in writing at any time about the results of an inspection under this part and must do so if requested by the Minister.\nThe inspecting entity must give the information in a report mentioned in subsection&#160;(1) or (3) , other than information mentioned in section&#160;63 of the Commonwealth Act , to—\nthe chief officer of the eligible authority; and\nif the eligible authority is the CCC—the parliamentary committee; and\nif the eligible authority is the police service—the Police Minister.\ns&#160;24 amd 2014 No.&#160;21 s&#160;94 (2) sch&#160;2 ; 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.24-ssec.1) The inspecting entity, as soon as practicable, and in any event within 3 months after the end of each financial year, must report to the Minister in writing, in relation to the eligible authority, about the results of an inspection under section&#160;23 of the authority’s part&#160;2-5 warrant records to find out the extent to which the authority’s officers have complied with sections&#160;14 , 15 , 18 and 19 in relation to the records.\n(sec.24-ssec.2) The inspecting entity must include in each report under subsection&#160;(1) in relation to a financial year— a summary of the inspections conducted in the financial year under section&#160;23 ; and particulars of any deficiencies identified that impact on the integrity of the telecommunications interception regime established by the Commonwealth Act ; and particulars of the remedial action, if any, taken or proposed to be taken to address those deficiencies. In complying with this section, the inspecting entity remains bound by the obligations imposed by section&#160;63 of the Commonwealth Act relating to disclosure of intercepted information or interception warrant information.\n(sec.24-ssec.3) The inspecting entity may report to the Minister in writing at any time about the results of an inspection under this part and must do so if requested by the Minister.\n(sec.24-ssec.4) The inspecting entity must give the information in a report mentioned in subsection&#160;(1) or (3) , other than information mentioned in section&#160;63 of the Commonwealth Act , to— the chief officer of the eligible authority; and if the eligible authority is the CCC—the parliamentary committee; and if the eligible authority is the police service—the Police Minister.\n- (a) a summary of the inspections conducted in the financial year under section&#160;23 ; and\n- (b) particulars of any deficiencies identified that impact on the integrity of the telecommunications interception regime established by the Commonwealth Act ; and\n- (c) particulars of the remedial action, if any, taken or proposed to be taken to address those deficiencies.\n- (a) the chief officer of the eligible authority; and\n- (b) if the eligible authority is the CCC—the parliamentary committee; and\n- (c) if the eligible authority is the police service—the Police Minister.","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"Inspecting entity may report on other contraventions","content":"### sec.25 Inspecting entity may report on other contraventions\n\nIf, because of an inspection under this part of an eligible authority’s part&#160;2-5 warrant records, the inspecting entity considers an officer of the authority has contravened the Commonwealth Act or that the chief officer of the authority has contravened section&#160;16 or 20 of this Act, the inspecting entity may include a report on the contravention in the report on the inspection.\nHowever, before making a report on the contravention, the inspecting entity must give the chief officer of the eligible authority an opportunity to make comments in writing on the report and must include in the report any comments made.\nTo remove any doubt, it is declared that for the purposes of subsection&#160;(1) , a contravention of a condition or restriction specified in a warrant is a contravention of a provision of the Commonwealth Act .\ns&#160;25 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1 ; 2024 No.&#160;41 s&#160;60\n(sec.25-ssec.1) If, because of an inspection under this part of an eligible authority’s part&#160;2-5 warrant records, the inspecting entity considers an officer of the authority has contravened the Commonwealth Act or that the chief officer of the authority has contravened section&#160;16 or 20 of this Act, the inspecting entity may include a report on the contravention in the report on the inspection.\n(sec.25-ssec.2) However, before making a report on the contravention, the inspecting entity must give the chief officer of the eligible authority an opportunity to make comments in writing on the report and must include in the report any comments made.\n(sec.25-ssec.3) To remove any doubt, it is declared that for the purposes of subsection&#160;(1) , a contravention of a condition or restriction specified in a warrant is a contravention of a provision of the Commonwealth Act .","sortOrder":28},{"sectionNumber":"sec.26","sectionType":"section","heading":"Inspecting entity’s general powers for inspections","content":"### sec.26 Inspecting entity’s general powers for inspections\n\nFor an inspection under this part of an eligible authority’s part&#160;2-5 warrant records, the inspecting entity—\nmay, after notifying the chief officer of the authority, enter at any reasonable time premises occupied by the authority; and\nis entitled to have full and free access at all reasonable times to all part&#160;2-5 warrant records of the authority; and\ndespite any other law, may make copies of, and take extracts from, part&#160;2-5 warrant records of the authority; and\nmay require an officer of the authority to give the inspecting entity the information the inspecting entity considers necessary, being information that is in the officer’s possession, or to which the officer has access, and that is relevant to the inspection.\nThe chief officer of the eligible authority must ensure that the authority’s officers give the inspecting entity the help in connection with the performance of the inspecting entity’s functions under this part that the inspecting entity reasonably requires.\ns&#160;26 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.26-ssec.1) For an inspection under this part of an eligible authority’s part&#160;2-5 warrant records, the inspecting entity— may, after notifying the chief officer of the authority, enter at any reasonable time premises occupied by the authority; and is entitled to have full and free access at all reasonable times to all part&#160;2-5 warrant records of the authority; and despite any other law, may make copies of, and take extracts from, part&#160;2-5 warrant records of the authority; and may require an officer of the authority to give the inspecting entity the information the inspecting entity considers necessary, being information that is in the officer’s possession, or to which the officer has access, and that is relevant to the inspection.\n(sec.26-ssec.2) The chief officer of the eligible authority must ensure that the authority’s officers give the inspecting entity the help in connection with the performance of the inspecting entity’s functions under this part that the inspecting entity reasonably requires.\n- (a) may, after notifying the chief officer of the authority, enter at any reasonable time premises occupied by the authority; and\n- (b) is entitled to have full and free access at all reasonable times to all part&#160;2-5 warrant records of the authority; and\n- (c) despite any other law, may make copies of, and take extracts from, part&#160;2-5 warrant records of the authority; and\n- (d) may require an officer of the authority to give the inspecting entity the information the inspecting entity considers necessary, being information that is in the officer’s possession, or to which the officer has access, and that is relevant to the inspection.","sortOrder":29},{"sectionNumber":"sec.27","sectionType":"section","heading":"Inspecting entity’s power to obtain relevant information","content":"### sec.27 Inspecting entity’s power to obtain relevant information\n\nSubsections&#160;(2) and (3) apply if the inspecting entity has reason to believe that an officer of the eligible authority is able to give information relevant to an inspection under this part of the eligible authority’s part&#160;2-5 warrant records.\nThe inspecting entity may, by writing given to the officer, require the officer to give the information to the inspecting entity—\nby writing signed by the officer; and\nat a stated place and within a stated period.\nThe inspecting entity may, by writing given to the officer, require the officer to attend—\nbefore the inspecting entity; and\nat a stated place; and\nwithin a stated period or at a stated time on a stated day;\nto answer questions relevant to the inspection.\nSubsection&#160;(5) applies if the inspecting entity has reason to believe that an officer of the eligible authority is able to give information relevant to an inspection under this part of the eligible authority’s part&#160;2-5 warrant records but the inspecting entity does not know the officer’s identity.\nThe inspecting entity may, by writing given to the chief officer of the authority, require the chief officer, or a person nominated by the chief officer, to attend—\nbefore the inspecting entity; and\nat a stated place; and\nwithin a stated period or at a stated time on a stated day;\nto answer questions relevant to the inspection.\nThe place, the period or the time and day, stated in a requirement under this section must be reasonable, having regard to the circumstances in which the requirement is made.\ns&#160;27 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.27-ssec.1) Subsections&#160;(2) and (3) apply if the inspecting entity has reason to believe that an officer of the eligible authority is able to give information relevant to an inspection under this part of the eligible authority’s part&#160;2-5 warrant records.\n(sec.27-ssec.2) The inspecting entity may, by writing given to the officer, require the officer to give the information to the inspecting entity— by writing signed by the officer; and at a stated place and within a stated period.\n(sec.27-ssec.3) The inspecting entity may, by writing given to the officer, require the officer to attend— before the inspecting entity; and at a stated place; and within a stated period or at a stated time on a stated day; to answer questions relevant to the inspection.\n(sec.27-ssec.4) Subsection&#160;(5) applies if the inspecting entity has reason to believe that an officer of the eligible authority is able to give information relevant to an inspection under this part of the eligible authority’s part&#160;2-5 warrant records but the inspecting entity does not know the officer’s identity.\n(sec.27-ssec.5) The inspecting entity may, by writing given to the chief officer of the authority, require the chief officer, or a person nominated by the chief officer, to attend— before the inspecting entity; and at a stated place; and within a stated period or at a stated time on a stated day; to answer questions relevant to the inspection.\n(sec.27-ssec.6) The place, the period or the time and day, stated in a requirement under this section must be reasonable, having regard to the circumstances in which the requirement is made.\n- (a) by writing signed by the officer; and\n- (b) at a stated place and within a stated period.\n- (a) before the inspecting entity; and\n- (b) at a stated place; and\n- (c) within a stated period or at a stated time on a stated day;\n- (a) before the inspecting entity; and\n- (b) at a stated place; and\n- (c) within a stated period or at a stated time on a stated day;","sortOrder":30},{"sectionNumber":"sec.28","sectionType":"section","heading":"Inspecting entity to be given information and access despite other laws","content":"### sec.28 Inspecting entity to be given information and access despite other laws\n\nDespite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this part, on the ground that giving the information, answering the question, or giving access to the document—\nwould contravene a law; or\nwould be contrary to the public interest; or\nmight tend to incriminate the person or make the person liable for a penalty.\nHowever—\nthe information, the answer, or the fact that the person has given access to the document; and\nany information or thing, including a document, obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;\nis not admissible in evidence against the person other than in a prosecution for an offence against section&#160;35 .\nNothing in any other law prevents an officer of an eligible authority from—\ngiving information to the inspecting entity, whether orally or in writing and whether or not in answer to a question; or\ngiving the inspecting entity access to a record of the authority;\nfor an inspection under this part of the authority’s part&#160;2-5 warrant records.\nNothing in any other law prevents an officer of an eligible authority from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection&#160;(3) .\ns&#160;28 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1\n(sec.28-ssec.1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required under this part, on the ground that giving the information, answering the question, or giving access to the document— would contravene a law; or would be contrary to the public interest; or might tend to incriminate the person or make the person liable for a penalty.\n(sec.28-ssec.2) However— the information, the answer, or the fact that the person has given access to the document; and any information or thing, including a document, obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document; is not admissible in evidence against the person other than in a prosecution for an offence against section&#160;35 .\n(sec.28-ssec.3) Nothing in any other law prevents an officer of an eligible authority from— giving information to the inspecting entity, whether orally or in writing and whether or not in answer to a question; or giving the inspecting entity access to a record of the authority; for an inspection under this part of the authority’s part&#160;2-5 warrant records.\n(sec.28-ssec.4) Nothing in any other law prevents an officer of an eligible authority from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection&#160;(3) .\n- (a) would contravene a law; or\n- (b) would be contrary to the public interest; or\n- (c) might tend to incriminate the person or make the person liable for a penalty.\n- (a) the information, the answer, or the fact that the person has given access to the document; and\n- (b) any information or thing, including a document, obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;\n- (a) giving information to the inspecting entity, whether orally or in writing and whether or not in answer to a question; or\n- (b) giving the inspecting entity access to a record of the authority;","sortOrder":31},{"sectionNumber":"sec.29","sectionType":"section","heading":"Dealing with information for purposes of inspection and report","content":"### sec.29 Dealing with information for purposes of inspection and report\n\nIf—\ninformation is given to the inspecting entity, as permitted by section&#160;28 (3) or this section, for an inspection, or for a report on an inspection, under this part of an eligible authority’s part&#160;2-5 warrant records; or\nthe inspecting entity obtains information because of being given access to a record of the eligible authority, as permitted by section&#160;28 (3) , for an inspection under this part of an authority’s part&#160;2-5 warrant records;\nthe inspecting entity may, despite any other law, give to another inspecting entity, make use of, or make a record of, the information for an inspection, or for a report on an inspection, under this part of the authority’s part&#160;2 -5 warrant records.\ns&#160;29 amd 2023 No.&#160;1 s&#160;97 s ch&#160;1 pt&#160;1 ; 2024 No.&#160;41 s&#160;61\n- (a) information is given to the inspecting entity, as permitted by section&#160;28 (3) or this section, for an inspection, or for a report on an inspection, under this part of an eligible authority’s part&#160;2-5 warrant records; or\n- (b) the inspecting entity obtains information because of being given access to a record of the eligible authority, as permitted by section&#160;28 (3) , for an inspection under this part of an authority’s part&#160;2-5 warrant records;","sortOrder":32},{"sectionNumber":"sec.30","sectionType":"section","heading":"Exchange of information between inspecting entity and Commonwealth ombudsman","content":"### sec.30 Exchange of information between inspecting entity and Commonwealth ombudsman\n\nThe inspecting entity may give the Commonwealth ombudsman information that—\nrelates to a Commonwealth agency; and\nwas obtained by the inspecting entity under this Act.\nThe inspecting entity may give information to the Commonwealth ombudsman under subsection&#160;(1) only if the inspecting entity is satisfied the giving of the information is necessary to enable the ombudsman to perform the ombudsman’s functions in relation to the Commonwealth agency.\nThe inspecting entity may receive from the Commonwealth ombudsman information relevant to the performance of the inspecting entity’s functions under this Act.\n(sec.30-ssec.1) The inspecting entity may give the Commonwealth ombudsman information that— relates to a Commonwealth agency; and was obtained by the inspecting entity under this Act.\n(sec.30-ssec.2) The inspecting entity may give information to the Commonwealth ombudsman under subsection&#160;(1) only if the inspecting entity is satisfied the giving of the information is necessary to enable the ombudsman to perform the ombudsman’s functions in relation to the Commonwealth agency.\n(sec.30-ssec.3) The inspecting entity may receive from the Commonwealth ombudsman information relevant to the performance of the inspecting entity’s functions under this Act.\n- (a) relates to a Commonwealth agency; and\n- (b) was obtained by the inspecting entity under this Act.","sortOrder":33},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Copies of reports for Commonwealth Minister","content":"### sec.31 Copies of reports for Commonwealth Minister\n\nAs soon as practicable after a report is given to the Minister under section&#160;24 (1) , the Minister must give the Commonwealth Minister a copy of the report.","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Delegation by parliamentary commissioner","content":"### sec.32 Delegation by parliamentary commissioner\n\nThe parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under this Act to a legal practitioner engaged by the Speaker under the Crime and Corruption Act 2001 , section&#160;315 (2) .\nA delegate must, if asked by a person affected by the exercise of a power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for the person’s inspection.\nTo remove any doubt, and without limiting the power of the parliamentary commissioner to delegate under this section, a reference in sections&#160;27 (3) (a) and (5) (a) , 28 (3) and 29 to the parliamentary commissioner includes a reference to a legal practitioner acting under a delegation.\ns&#160;32 amd 2014 No.&#160;21 s&#160;94 (2) sch&#160;2\n(sec.32-ssec.1) The parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under this Act to a legal practitioner engaged by the Speaker under the Crime and Corruption Act 2001 , section&#160;315 (2) .\n(sec.32-ssec.2) A delegate must, if asked by a person affected by the exercise of a power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for the person’s inspection.\n(sec.32-ssec.3) To remove any doubt, and without limiting the power of the parliamentary commissioner to delegate under this section, a reference in sections&#160;27 (3) (a) and (5) (a) , 28 (3) and 29 to the parliamentary commissioner includes a reference to a legal practitioner acting under a delegation.","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Delegation by PIM","content":"### sec.33 Delegation by PIM\n\nThe PIM may delegate to a deputy PIM any of the PIM’s powers under this Act, other than a power to report to the Minister.\nA delegate must, if asked by a person affected by the exercise of a power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for the person’s inspection.\nTo remove any doubt, and without limiting the power of the PIM to delegate under this section, a reference in sections&#160;14 (d) , 27 (3) (a) and (5) (a) , 28 (3) and 29 to the PIM includes a reference to a deputy PIM acting under a delegation.\nThis section is subject to section&#160;22 (3) .\n(sec.33-ssec.1) The PIM may delegate to a deputy PIM any of the PIM’s powers under this Act, other than a power to report to the Minister.\n(sec.33-ssec.2) A delegate must, if asked by a person affected by the exercise of a power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for the person’s inspection.\n(sec.33-ssec.3) To remove any doubt, and without limiting the power of the PIM to delegate under this section, a reference in sections&#160;14 (d) , 27 (3) (a) and (5) (a) , 28 (3) and 29 to the PIM includes a reference to a deputy PIM acting under a delegation.\n(sec.33-ssec.4) This section is subject to section&#160;22 (3) .","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"General confidentiality provision","content":"### sec.34 General confidentiality provision\n\nA person must not disclose any information or record obtained by the person because he or she is or was engaged in the administration of this Act, unless the disclosure is made—\nunder the Commonwealth Act ; or\nfor the discharge of the person’s functions under this Act; or\nto the PIM for the discharge of the PIM’s functions under part&#160;2 ; or\nto an inspecting entity for the discharge of the inspecting entity’s functions under part&#160;4 .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSee also the following provisions of the Commonwealth Act —\nsection&#160;63 (No dealing with intercepted information or interception warrant information)\nsection&#160;105 (Contravention of section&#160;7 or 63 )\nschedule&#160;1 , clause 152 (Prohibition on use, recording or disclosure of protected information or its admission in evidence).\nSubsection&#160;(1) applies despite the provisions of another Act that may allow a person to disclose the information or a record obtained by the person because he or she is or was engaged in the administration of the other Act.\nSubsection&#160;(1) does not apply to information received—\nfrom the PIM under section&#160;12 ; or\nfrom an inspecting entity under section&#160;24 (4) .\nIn this section—\ndisclose , in relation to any information or record, includes communicate to another person, make use of, make a record of, or give in evidence in a proceeding.\ns&#160;34 amd 2023 No.&#160;1 s&#160;92\n(sec.34-ssec.1) A person must not disclose any information or record obtained by the person because he or she is or was engaged in the administration of this Act, unless the disclosure is made— under the Commonwealth Act ; or for the discharge of the person’s functions under this Act; or to the PIM for the discharge of the PIM’s functions under part&#160;2 ; or to an inspecting entity for the discharge of the inspecting entity’s functions under part&#160;4 . Maximum penalty—100 penalty units or 2 years imprisonment. See also the following provisions of the Commonwealth Act — section&#160;63 (No dealing with intercepted information or interception warrant information) section&#160;105 (Contravention of section&#160;7 or 63 ) schedule&#160;1 , clause 152 (Prohibition on use, recording or disclosure of protected information or its admission in evidence).\n(sec.34-ssec.2) Subsection&#160;(1) applies despite the provisions of another Act that may allow a person to disclose the information or a record obtained by the person because he or she is or was engaged in the administration of the other Act.\n(sec.34-ssec.3) Subsection&#160;(1) does not apply to information received— from the PIM under section&#160;12 ; or from an inspecting entity under section&#160;24 (4) .\n(sec.34-ssec.4) In this section— disclose , in relation to any information or record, includes communicate to another person, make use of, make a record of, or give in evidence in a proceeding.\n- (a) under the Commonwealth Act ; or\n- (b) for the discharge of the person’s functions under this Act; or\n- (c) to the PIM for the discharge of the PIM’s functions under part&#160;2 ; or\n- (d) to an inspecting entity for the discharge of the inspecting entity’s functions under part&#160;4 .\n- • section&#160;63 (No dealing with intercepted information or interception warrant information)\n- • section&#160;105 (Contravention of section&#160;7 or 63 )\n- • schedule&#160;1 , clause 152 (Prohibition on use, recording or disclosure of protected information or its admission in evidence).\n- (a) from the PIM under section&#160;12 ; or\n- (b) from an inspecting entity under section&#160;24 (4) .","sortOrder":38},{"sectionNumber":"sec.35","sectionType":"section","heading":"Offences relating to inspections under pt&#160;4","content":"### sec.35 Offences relating to inspections under pt&#160;4\n\nA person must not, without reasonable excuse, refuse or fail to do any of the following when required to do so under section&#160;27 —\nattend before a person;\ngive information;\nanswer a question.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA person must not—\nwithout reasonable excuse, wilfully obstruct a person in connection with the exercise of the inspecting entity’s functions under part&#160;4 ; or\ngive the inspecting entity, in connection with an inspection under part&#160;4 , information or a statement that the person knows to be false or misleading in a material particular.\nMaximum penalty—20 penalty units or 6 months imprisonment.\nA complaint for an offence against subsection&#160;(2) (b) may state that information or a statement was ‘false or misleading’, without stating which.\n(sec.35-ssec.1) A person must not, without reasonable excuse, refuse or fail to do any of the following when required to do so under section&#160;27 — attend before a person; give information; answer a question. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.35-ssec.2) A person must not— without reasonable excuse, wilfully obstruct a person in connection with the exercise of the inspecting entity’s functions under part&#160;4 ; or give the inspecting entity, in connection with an inspection under part&#160;4 , information or a statement that the person knows to be false or misleading in a material particular. Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.35-ssec.3) A complaint for an offence against subsection&#160;(2) (b) may state that information or a statement was ‘false or misleading’, without stating which.\n- (a) attend before a person;\n- (b) give information;\n- (c) answer a question.\n- (a) without reasonable excuse, wilfully obstruct a person in connection with the exercise of the inspecting entity’s functions under part&#160;4 ; or\n- (b) give the inspecting entity, in connection with an inspection under part&#160;4 , information or a statement that the person knows to be false or misleading in a material particular.","sortOrder":39},{"sectionNumber":"sec.36","sectionType":"section","heading":"Proceeding for offence","content":"### sec.36 Proceeding for offence\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nA proceeding may be started within—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.36-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.36-ssec.2) A proceeding may be started within— 1 year after the offence is committed; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":"Protection from liability etc.","content":"### sec.37 Protection from liability etc.\n\nThis section applies to the following persons—\nthe PIM;\na deputy PIM;\na parliamentary commissioner officer;\na legal practitioner mentioned in section&#160;32 (1) .\nThe person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection&#160;(2) prevents a civil liability attaching to a person, the liability instead attaches to the State.\nThe person may not be called to give evidence or produce any document in any court, or in any judicial proceedings, in relation to any matter coming to the person’s knowledge while performing functions under this Act.\nIn this section—\nparliamentary commissioner officer means—\nthe parliamentary commissioner; or\nan officer or employee of the parliamentary service assigned to the parliamentary commissioner; or\na person engaged to provide the parliamentary commissioner with services, information or advice.\n(sec.37-ssec.1) This section applies to the following persons— the PIM; a deputy PIM; a parliamentary commissioner officer; a legal practitioner mentioned in section&#160;32 (1) .\n(sec.37-ssec.2) The person does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.37-ssec.3) If subsection&#160;(2) prevents a civil liability attaching to a person, the liability instead attaches to the State.\n(sec.37-ssec.4) The person may not be called to give evidence or produce any document in any court, or in any judicial proceedings, in relation to any matter coming to the person’s knowledge while performing functions under this Act.\n(sec.37-ssec.5) In this section— parliamentary commissioner officer means— the parliamentary commissioner; or an officer or employee of the parliamentary service assigned to the parliamentary commissioner; or a person engaged to provide the parliamentary commissioner with services, information or advice.\n- (a) the PIM;\n- (b) a deputy PIM;\n- (c) a parliamentary commissioner officer;\n- (d) a legal practitioner mentioned in section&#160;32 (1) .\n- (a) the parliamentary commissioner; or\n- (b) an officer or employee of the parliamentary service assigned to the parliamentary commissioner; or\n- (c) a person engaged to provide the parliamentary commissioner with services, information or advice.","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of Judicial Review Act 1991 to decisions made under Act","content":"### sec.38 Application of Judicial Review Act 1991 to decisions made under Act\n\nThe Judicial Review Act 1991 does not apply to a decision made, or purportedly made, under this Act.\nNothing in subsection&#160;(1) affects the Judicial Review Act 1991 , section&#160;41 or 42 .\nIn this section—\ndecision includes a decision affected by jurisdictional error.\n(sec.38-ssec.1) The Judicial Review Act 1991 does not apply to a decision made, or purportedly made, under this Act.\n(sec.38-ssec.2) Nothing in subsection&#160;(1) affects the Judicial Review Act 1991 , section&#160;41 or 42 .\n(sec.38-ssec.3) In this section— decision includes a decision affected by jurisdictional error.","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of Public Records Act 2023 to particular activities and records","content":"### sec.39 Application of Public Records Act 2023 to particular activities and records\n\nThe Public Records Act 2023 does not apply to an activity or a record under parts&#160;2 to 4 or section&#160;31 .\ns&#160;39 amd 2023 No.&#160;33 s&#160;107 sch&#160;5","sortOrder":43},{"sectionNumber":"sec.40","sectionType":"section","heading":"Regulation-making power","content":"### sec.40 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":44},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":45},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing part&#160;2-5 warrant applications","content":"### sec.41 Existing part&#160;2-5 warrant applications\n\nThis section applies if an application for a part&#160;2-5 warrant under the Commonwealth Act was made, but not decided, before the commencement.\nThis Act, as in force before the commencement, continues to apply in relation to the application as if the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 had not been enacted.\ns&#160;41 ins 2023 No.&#160;1 s&#160;93\n(sec.41-ssec.1) This section applies if an application for a part&#160;2-5 warrant under the Commonwealth Act was made, but not decided, before the commencement.\n(sec.41-ssec.2) This Act, as in force before the commencement, continues to apply in relation to the application as if the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 had not been enacted.","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Text shows the Act was amended to broaden and clarify scope: Part 2 was expanded to capture international production orders as well as part 2‑5 warrants (sec.6), notification and full‑disclosure duties for officers were tightened (secs.7–9, 8), inspection and reporting obligations were increased (secs.22–24, 23), and destruction of restricted records now requires prior Commonwealth inspection notice and local inspecting‑entity access (secs.19–20). A transitional saving preserves pre‑amendment warrant applications (sec.41)."},"complexity_factors":["Extensive cross‑references to the Commonwealth Act and its schedules (see secs.6–10, 14–17) which require readers to consult multiple external provisions.","Detailed, prescriptive record‑keeping obligations and timelines for part 2‑5 warrants (secs.14–16, 15).","Layered inspection and reporting regime with minimum inspection frequencies, reporting content, and information‑sharing limits (secs.22–24, 23).","Strong compulsory information‑gathering powers for inspecting entities, including entry, copying and compulsory attendance (secs.26–27), paired with statutory non‑admissibility and exclusion protections (sec.28).","Confidentiality, criminal penalties and disclosure prohibitions with cross‑references to Commonwealth secrecy rules (secs.11, 34, 35 and Commonwealth Act refs).","Delegation and appointment interactions between PIM, deputy PIMs and the parliamentary commissioner, plus protection from liability and exclusions from judicial review (secs.13, 32–33, 37–38).","Procedural conditions for destruction of restricted records that require prior Commonwealth inspection notice and local inspecting‑entity opportunities (secs.19–20).","Transitional saving for in‑flight warrant applications and multiple recorded amendment notes in the text (sec.41 and amendment marginal notes) increasing interpretive complexity."],"plain_english_summary":"This Act sets procedural and oversight rules for the police service and the Crime and Corruption Commission (CCC) when seeking telecommunications interception warrants or international production orders. It requires officers to notify the PIM, disclose all material, keep detailed interception records, allow inspections by an inspecting entity, and report to State and Commonwealth ministers. \n\nIt affects officers, chief officers, the PIM, deputy PIMs, the parliamentary commissioner and inspecting entities by imposing compliance, record‑keeping, confidentiality and reporting duties, penalties for unlawful disclosure or obstruction, and limits on judicial review."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2009 Act focused on traditional telecommunications interception (phone taps) under Part 2-5 warrants. However, amendments in 2023 significantly expanded the scope to include 'International Production Orders' (IPOs)—a newer federal framework for accessing data held overseas and dealing with encrypted communications. This transformed the Act from a simple state-based compliance mechanism for traditional interception into a broader regime covering cross-border data access and supervisory powers. The 2023 amendments also introduced the 'nominated ART member' (Administrative Review Tribunal) as an alternative issuing authority alongside eligible Judges, reflecting federal structural changes. The transitional provision (section 41) explicitly acknowledges this scope change by preserving the old law for pending applications."},"complexity_factors":["Heavy reliance on external legislation: The Act constantly references the Commonwealth *Telecommunications (Interception and Access) Act 1979* (referred to as 'the Commonwealth Act'), requiring readers to cross-reference federal provisions for definitions, warrant types (Part 2-5 warrants, International Production Orders), and procedural requirements","Multiple overlapping oversight bodies: The Act involves the PIM, deputy PIMs, the Parliamentary Commissioner, the Commonwealth Ombudsman, the Commonwealth Minister, the State Minister, and 'eligible Judges' or 'nominated ART members'—each with different roles and reporting lines","Nested conditional logic: Section 6 alone contains three alternative application types (Part 2-5 warrants, IPO investigative, IPO supervisory), each triggering different procedural requirements throughout the Act","Defined terms scattered across instruments: Key terms like 'eligible authority', 'chief officer', 'restricted record', and 'part 2-5 warrant records' are defined in the Schedule (dictionary) or inherited from the Commonwealth Act","Exception to exception structure: Section 19 creates an exception (destruction allowed) to a general rule (keep records), then section 20 creates preconditions to that exception, and section 19(2) itself excludes certain purposes from the 'permitted purpose' test","Temporal layering from amendments: The Act shows heavy amendment history (2014, 2017, 2023, 2024) with transitional provisions (section 41) preserving old law for pending applications, creating multiple versions in force simultaneously","Immunity and evidentiary provisions: Sections 28 and 37 create complex carve-outs where normal legal protections (against self-incrimination, confidentiality, civil liability) don't apply, but with specific limitations","Dual agency application: Many provisions apply differently depending on whether the 'eligible authority' is the Police Service or the CCC, with different reporting recipients (Police Minister vs Parliamentary Committee)"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Telecommunications Interception Act 2009**. It sets up the rules that allow Queensland Police and the Crime and Corruption Commission (CCC) to legally tap phones and intercept communications—but only when investigating serious crimes.\n\n**Why it exists:**\n\nThe Commonwealth (federal) government runs the main telecommunications interception scheme under the *Telecommunications (Interception and Access) Act 1979*. But for Queensland agencies to use it, the state needs its own matching laws. This Act creates that state-level framework so the Commonwealth Minister can officially declare Queensland Police and the CCC as approved agencies.\n\n**Key parts of the law:**\n\n- **The Public Interest Monitor (PIM):** An independent watchdog who must be told about every application for a phone tap warrant. The PIM can appear in court to challenge whether the warrant should be granted, and must report any rule-breaking to the Minister.\n\n- **Record-keeping:** Police and the CCC must keep detailed records of every warrant application, every interception, how long it lasted, who did it, and what happened to the information afterwards.\n\n- **Inspections:** An \"inspecting entity\" (usually the PIM or their deputy) must regularly check these records—at least twice a year—to make sure agencies are following the rules.\n\n- **Secrecy and destruction:** Intercepted information is highly restricted. Records must be kept secure and destroyed when no longer needed, but only after the Commonwealth Minister and the inspecting entity have had a chance to review them.\n\n- **Offences:** It's a crime to disclose intercepted information improperly (up to 2 years jail) or to obstruct inspections (up to 6 months jail).\n\n**Who it affects:**\n\n- Queensland Police Service and CCC officers applying for warrants\n- The Public Interest Monitor and their deputies\n- The Parliamentary Commissioner (for CCC matters)\n- State and Commonwealth Ministers\n- Anyone whose communications might be intercepted (indirectly, through the safeguards)\n\n**Why it matters:**\n\nPhone tapping is a massive invasion of privacy. This law tries to balance fighting serious crime with protecting civil liberties by requiring independent oversight, strict record-keeping, and regular inspections. It ensures Queensland agencies can cooperate with federal interception powers while maintaining state-level accountability."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2009 Act focused solely on telecommunications interception warrants (phone tapping) for Queensland Police and the CCC. Through amendments, particularly in 2023, the scope was expanded to also cover 'International Production Orders' — orders requiring overseas telecommunications companies to produce data. This represents a meaningful expansion from domestic interception to cross-border data access, reflecting technological changes in how communications are stored and transmitted globally."},"complexity_factors":["Heavy cross-referencing to Commonwealth (federal) legislation — the Act frequently incorporates and depends on provisions of the federal Telecommunications (Interception and Access) Act 1979, requiring readers to consult a separate law to understand key concepts","Multiple layers of oversight bodies with different roles and powers (PIM, deputy PIM, Parliamentary Commissioner, inspecting entity) whose relationships and jurisdictions are interdependent","Interplay between state and Commonwealth legislative frameworks — the Act's purpose is to satisfy federal requirements to gain federal approval, creating an unusual dual-regulatory structure","Detailed and granular record-keeping obligations across multiple sections with extensive sub-requirements","Conditional conflict-of-interest rules (s22) preventing the same person who participated in a warrant application from later inspecting records relating to that application, with substitution mechanisms","Compelled disclosure provisions that override other laws (including self-incrimination protections), with limited use immunity — a legally complex area","Exclusion of judicial review (s38) is an unusual and legally significant provision","Multiple amendments over time (2014, 2017, 2023, 2024) adding international production orders and other changes, creating layered complexity","Specialised terminology (part 2-5 warrants, restricted records, IPO investigative/supervisory, named person warrants) requiring cross-referencing to understand"],"plain_english_summary":"This Queensland Act creates the legal framework allowing Queensland Police and the Crime and Corruption Commission to intercept telecommunications for serious crime investigations, designed to meet federal requirements for agency approval. It builds in independent pre‑warrant scrutiny by a Public Interest Monitor, mandatory recordkeeping, regular inspections by an inspecting entity, and controls on destruction and disclosure of intercepts.\n\nThe regime carries criminal penalties for improper disclosure or obstruction and bars judicial review of decisions under the Act."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-act-2009","history":"/api/acts/telecommunications-interception-act-2009/history","analysis":"/api/acts/telecommunications-interception-act-2009/analysis","conflicts":"/api/acts/telecommunications-interception-act-2009/conflicts","importantCases":"/api/acts/telecommunications-interception-act-2009/important-cases","documents":"/api/acts/telecommunications-interception-act-2009/documents"}}