{"id":"F2009L02704","name":"Telecommunications (Interception and Access) Act 1979 - Declaration of eligible authority as agency - Crime and Misconduct Commission of Queensland","slug":"telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":79784,"registerId":"commonwealth-F2009L02704-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) Act 1979 - Declaration of eligible authority as agency - Crime and Misconduct Commission of Queensland","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![](image.001.png)\n\nDeclaration of eligible authority as agency — Crime and Misconduct Commission of Queensland\n\nTelecommunications (Interception and Access) Act 1979\n\nI, ROBERT BRUCE McCLELLAND, Attorney‑General:\n\n(a) acting under section 34 of the Telecommunications (Interception and Access) Act 1979 and at the request of the Premier of Queensland; and\n\n(b) being satisfied that:\n\n (i) the law of the State of Queensland makes satisfactory provision in relation to the matters mentioned in subsection 35 (1) of the Act; and\n\n (ii) the State of Queensland has entered into an agreement as required by subsection 35 (2) of the Act;\n\ndeclare the Crime and Misconduct Commission of Queensland to be an agency for the purposes of the Act.\n\nDated       7 July 2009\n\n \n\n \n\nRobert McClelland\n\nAttorney‑General\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward administrative declaration made under existing legislative authority. It implements the original intent of the parent Act (which contemplated declarations of state bodies as agencies) without expanding or altering that framework. The instrument performs exactly the function envisaged by sections 34-35 of the Telecommunications (Interception and Access) Act 1979."},"complexity_factors":["Single-purpose instrument: only declares one specific body as an agency","No defined terms within the instrument itself (relies entirely on external Act)","No conditional logic or exceptions within the declaration text","Short length: approximately 150 words of substantive content","Simple structure: recites statutory authority, states satisfaction of preconditions, makes declaration","Cross-references only to specific sections (34, 35) of parent Act without requiring navigation through nested provisions"],"plain_english_summary":"This is a formal declaration made by the federal Attorney-General in 2009 that gives the **Crime and Misconduct Commission of Queensland** (now known as the Crime and Corruption Commission) special powers under Australia's telecommunications interception laws.\n\n**What it does:**\n- Declares the Queensland Crime and Misconduct Commission as an \"agency\" under the *Telecommunications (Interception and Access) Act 1979*\n- This designation allows the Commission to apply for warrants to **intercept phone calls, emails, and other communications** as part of corruption and serious crime investigations\n\n**Why it matters:**\n- Normally, only federal law enforcement agencies (like the Australian Federal Police) and certain state police forces can access these surveillance powers\n- This declaration extends those powers to Queensland's independent anti-corruption body, enabling it to investigate serious misconduct by public officials using covert surveillance\n- The Attorney-General could only make this declaration because Queensland had already passed laws meeting federal standards and signed a cooperation agreement with the Commonwealth\n\n**Who it affects:**\n- Public officials in Queensland under investigation for corruption or serious misconduct\n- The Commission itself, which gains significant investigative tools\n- Telecommunications providers, who may be required to assist with interception"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument is a formal declaration that applies the existing definition/status of \"agency\" under the Telecommunications (Interception and Access) Act 1979 to the Crime and Misconduct Commission of Queensland. The text does not expand, narrow or otherwise amend the substantive scope of the Act itself; it implements the Act’s mechanism for designating an agency once the conditions in section 34 and subsection 35(1)/(2) are met."},"complexity_factors":["Short, single-purpose instrument limited to a formal statutory declaration","References to other statutory provisions (section 34; subsection 35(1) and 35(2)) require checking the main Act to see substantive consequences","Relies on an executive satisfaction standard (discretion) rather than detailed procedural rules in the instrument itself","No operational provisions, timelines, or funding details included in the instrument"],"plain_english_summary":"The Attorney‑General has declared the Crime and Misconduct Commission of Queensland to be an “agency” under the Telecommunications (Interception and Access) Act 1979, acting on the Premier’s request and after being satisfied Queensland meets the Act’s statutory conditions. This administrative designation brings the Commission within the Act’s definitions, powers and obligations and thus affects how the Commission and those who deal with it are governed under the Commonwealth regime."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim","history":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim/history","analysis":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim/important-cases","documents":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-crim/documents"}}