{"id":"telecommunications-interception-state-provisions-act-1988","name":"Telecommunications (Interception) (State Provisions) Act 1988","slug":"telecommunications-interception-state-provisions-act-1988","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177812,"registerId":"vic-telecommunications-interception-state-provisions-act-1988-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception) (State Provisions) Act 1988","content":"Version No. 027\n\n**Telecommunications (Interception) (State Provisions) Act 1988**\n\n**No. 46 of 1988**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 1\n\nPart 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants 12\n\n4 Application of Part 1A 12\n\n4A Public Interest Monitor must be notified 12\n\n4B Full disclosure to Public Interest Monitor 13\n\n4C Public Interest Monitor to be given further information 13\n\n4D Role of Public Interest Monitor 13\n\n4E Confidentiality provisions do not apply 14\n\nPart 1B—Functions of Public Interest Monitor—international production orders 15\n\n4F Application of this Part 15\n\n4G Public Interest Monitor must be notified 15\n\n4H Full disclosure to Public Interest Monitor 16\n\n4I Public Interest Monitor to be given further information 16\n\n4J Role of Public Interest Monitor 17\n\n4K Confidentiality provisions do not apply 18\n\nPart 2—Functions of the Police Force 20\n\n5 Documents connected with issue of warrants to be kept 20\n\n6 Other records to be kept in connection with interceptions 20\n\n7 Documents to be given to the Minister 22\n\n8 Documents to be given by State Police Minister to Commonwealth Minister 23\n\n9 Keeping and destruction of restricted records 24\n\nPart 2B—Functions of the IBAC 25\n\n9F Documents connected with issue of warrants to be kept 25\n\n9G Other records to be kept in connection with interceptions 25\n\n9GA Documents to be given to Minister 27\n\n9GB Documents to be given by State Minister to Commonwealth Minister 28\n\n9H Keeping and destruction of restricted records 28\n\nPart 3—Functions of Integrity Oversight Victoria 30\n\nDivision 1—Introduction 30\n\n10 Functions—generally 30\n\nDivision 2—Inspection of records of Police Force 31\n\n11 Regular inspections of records of Police Force 31\n\n12 Reports 31\n\n13 Integrity Oversight Victoria may report on contraventions 32\n\nDivision 3—Inspection of records of the IBAC 33\n\n14 Regular inspections of records of the IBAC 33\n\n15 Reports 34\n\n16 Integrity Oversight Victoria may report on contraventions 34\n\nDivision 4—General functions and powers 35\n\n17 Definitions 35\n\n18 Integrity Oversight Victoria's general powers 36\n\n19 Power to obtain relevant information 37\n\n20 Integrity Oversight Victoria to be given information and access despite other laws 38\n\n20A Dealing with information for the purposes of inspection and report 39\n\n20B Integrity Oversight Victoria not to be sued 40\n\n20C Delegation by Integrity Oversight Victoria 40\n\nPart 4—Miscellaneous 41\n\n21 Copies of reports for Commonwealth Minister 41\n\n22 Disclosure by persons under the Minister's administration 41\n\n23 Offences relating to inspections under Part 3 41\n\n24 Regulations 42\n\n25 Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011 42\n\n26 Transitional provisions—Victorian Inspectorate Act 2011 43\n\nEndnotes 45\n\n1 General information 45\n\n2 Table of Amendments 47\n\n3 Explanatory details 49\n\n**Version No.** **027**\n\n**Telecommunications (Interception) (State Provisions) Act 1988**\n\n**No. 46 of 1988**\n\nVersion incorporating amendments as at  \n10 February 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\nS. 1 amended by Nos 87/2005 s. 21, 87/2009 s. 32, 13/2012 s. 14(1) (as amended by Nos 82/2012 s. 149(1)), 82/2012 s. 63, 37/2014 s. 10(Sch. item 166.1).\n\n\t1 Purpose\n\nThe purpose of this Act is to enable the IBAC and Victoria Police to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.\n\n\t2 Commencement\n\nThis Act comes into operation on a day to be proclaimed.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *agency* amended by Nos 52/2003 s. 52(Sch. 1 item 13), 87/2005 s. 22(b), 82/2012 s. 64(b), 37/2014 s. 10(Sch. item 166.2(a)).\n\n***agency*** means—\n\n(a) the Australian Federal Police; or\n\n(b) the Australian Crime Commission; or\n\n(c) Victoria Police; or\n\n(d) the Police Force of another State or a Territory of the Commonwealth in relation to which a declaration under section 34 of the Commonwealth Act is in force; or\n\n(e) the IBAC;\n\nS. 3(1) def. of *certifying officer* substituted by No. 65/2001 s. 3(a), repealed by No. 87/2005 s. 22(c).\n\n* * * * *\n\nS. 3(1) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).\n\n***Chief Integrity Inspector*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *communica-tion* substituted by No. 65/2001 s. 3(b).\n\n***communication*** includes conversation and a message, and any part of a conversation or message, whether—\n\n(a) in the form of—\n\n(i) speech, music or other sounds; or\n\n(ii) data; or\n\n(iii) text; or\n\n(iv) visual images, whether or not animated; or\n\n(v) signals; or\n\n(b) in any other form or in any combination of forms;\n\nS. 3(1) def. of *Director* inserted by No. 87/2005 s. 22(a), amended by No. 34/2008 s. 143(Sch. 2 item 12.1(a)), repealed by No. 82/2012 s. 64(a).\n\n* * * * *\n\nS. 3(1) def. of *IBAC* inserted by No. 13/2012 s. 14(2)(c).\n\n***IBAC*** means the Independent Broad-based Anti-corruption Commission established under the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Commiss-  \nioner* inserted by No. 82/2012 s. 64(d).\n\n***IBAC Commissioner*** means the ***Commissioner*** within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Officer* inserted by No. 13/2012 s. 14(2)(c).\n\n***IBAC Officer*** has the same meaning as it has in section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *individual message/call application service* inserted by No. 31/2024 s. 31.\n\n***individual message/call application service*** has the same meaning as it has in Schedule 1 to the Commonwealth Act;\n\nS. 3(1) def. of *individual transmission service* inserted by No. 31/2024 s. 31.\n\n***individual transmission service*** has the same meaning as it has in Schedule 1 to the Commonwealth Act;\n\nS. 3(1) def. of *inspecting officer* substituted by Nos 87/2005 s. 22(d), 82/2012 s. 64(c), amended by No. 31/2024 s. 113(Sch. 1 item 38.1(b)).\n\n***inspecting officer*** means an Integrity Oversight Victoria Officer;\n\nS. 3(1) def. of *Inspector* inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).\n\n* * * * *\n\nS. 3(1) def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).\n\n***Integrity Oversight Victoria***  has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).\n\n***Integrity Oversight Victoria Officer*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *international production order* inserted by No. 31/2024 s. 31.\n\n***international production order*** has the same meaning as it has in Schedule 1 to the Commonwealth Act;\n\n***in the possession of***, in relation to a document, record or copy, includes in the custody of or under the control of;\n\nS. 3(1) def. of *member of staff of the Office of Police Integrity* inserted by No. 87/2005 s. 22(a), substituted by No. 34/2008 s. 143(Sch. 2 item 12.2), repealed by No. 82/2012 s. 64(a).\n\n* * * * *\n\nS. 3(1) def. of *Minister* repealed by No. 87/2009 s. 33(1),  \nnew def. of *Minister* inserted by No. 82/2012 s. 64(d).\n\n***Minister*** means the Minister administering the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *Office of Police Integrity* inserted by No. 87/2005 s. 22(a), amended by No. 34/2008 s. 143(Sch. 2 item 12.1(b)), repealed by No. 82/2012 s. 64(a).\n\n* * * * *\n\nS. 3(1) def. of *Part VI warrant* substituted as *Part 2–5 warrant* by No. 87/2009 s. 33(2).\n\n***Part 2–5 warrant*** means a warrant issued or to be issued under Part 2–5 of the Commonwealth Act;\n\nS. 3(1) def. of *permitted purpose* amended by No. 65/2001 s. 3(c)(i)(ii), substituted by No. 87/2005 s. 22(e), amended by Nos 34/2008 s. 143(Sch. 2 item 12.1(c)), 13/2012 s. 14(2)(b) (as amended by No. 82/2012 s. 149(2)(b)).\n\n***permitted purpose*** means—\n\n(a) in relation to the Police Force—\n\n(i) an investigation by the Police Force of a prescribed offence within the meaning of the Commonwealth Act; or\n\n(ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Police Force; or\n\n(iii) a relevant proceeding in relation to the Police Force; or\n\n(iv) the exercise by the Chief Commissioner of Police of the powers conferred by section 68 of the Commonwealth Act; or\n\n(v) the keeping of records by the Police Force under sections 5, 6 and 9; or\n\n(vi) an inspection of the records of the Police Force made under section 11; or\n\n(vii) a report on such an inspection; or\n\n(viii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of Victoria, being an investigation or inquiry under a law of this State or by a person in the person's capacity as an officer of this State; or\n\n(ix) a report on such an investigation or inquiry; or\n\n(x) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of the Police Force; or\n\n(xi) a review (whether by way of appeal or otherwise) of a decision referred to in subparagraph (x); or\n\n(xii) the tendering to the Governor in Council of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; or\n\n(xiii) deliberations of the Governor in Council in connection with advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State;\n\n(b) in relation to the IBAC—\n\n(i) an investigation by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(ii) a report by the IBAC on an investigation by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(iii) any recommendation made by the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(iv) an investigation by the IBAC of a prescribed offence within the meaning of the Commonwealth Act; or\n\n(v) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the IBAC; or\n\n(vi) a relevant proceeding in relation to the IBAC; or\n\n(vii) the exercise by the IBAC of the powers conferred by section 68 of the Commonwealth Act; or\n\n(viii) the keeping of records by the IBAC under sections 9F, 9G and 9H;\n\nS. 3(1) def. of *Police Integrity Minister* inserted by No. 87/2009 s. 33(6), repealed by No. 82/2012 s. 64(a).\n\n* * * * *\n\nS. 3(1) def. of *Police Minister* inserted by No. 87/2009 s. 33(6), amended by No. 37/2014 s. 10(Sch. item 166.2(b)).\n\n***Police Minister*** means the Minister administering the **Victoria Police Act 2013**;\n\n***premises*** includes—\n\n(a) any land; and\n\n(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and\n\n(c) any part of such a structure, building, aircraft, vehicle, vessel or place;\n\nS. 3(1) def. of *record* amended by No. 65/2001 s. 3(d)(i)(ii).\n\n***record*** means—\n\n(a) in relation to information—a record or copy, whether in writing or otherwise, of the whole or a part of the information; or\n\n(b) in relation to an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication—\n\n(i) a record or copy, whether in writing or otherwise, of the whole or a part of the communication, being a record or copy made by means of the interception; or\n\n(ii) a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception;\n\n* * * * *\n\nS. 3(1) def. of *restricted record* amended by Nos 65/2001 s. 3(e)(i)(ii), 87/2009 s. 33(3).\n\n***restricted record*** means a record other than a copy, that was obtained by an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication passing over a telecommunications system;\n\nS. 3(1) def. of *Special Investigations Monitor* inserted by No. 87/2005 s. 22(a), repealed by No. 82/2012 s. 64(a).\n\n* * * * *\n\nS. 3(1) def. of *telephone application* inserted by No. 31/2024 s. 31.\n\n***telephone application*** has the same meaning as it has in Schedule 1 to the Commonwealth Act;\n\nS. 3(1) def. of *the Common-wealth Act* substituted by No. 87/2009 s. 33(4).\n\n***the Commonwealth Act*** means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;\n\nS. 3(1) def. of *the Police Force* amended by No. 37/2014 s. 10(Sch. item 166.2(c)).\n\n***the Police Force*** means Victoria Police;\n\nS. 3(1) def. of *Victorian Inspectorate* inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).\n\n* * * * *\n\nS. 3(1) def. of *Victorian Inspectorate Officer* inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).\n\n* * * * *\n\nS. 3(1) def. of *warrant* substituted by No. 87/2009 s. 33(5).\n\n***warrant*** means a warrant issued under Part 2–5 of the Commonwealth Act.\n\n(2) Expressions used in this Act which are not elsewhere defined in this section, have the same meanings as in the Commonwealth Act.\n\n(3) In this Act—\n\n(a) a reference to a function includes a reference to a power, authority and duty; and\n\n(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n\nS. 4 repealed by No. 116/1993 s. 3.\n\n* * * * *\n\nPt 1A (Heading) amended by No. 31/2024 s. 32.\n\nPt 1A (Heading and ss 4–4E) inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\nPart 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants\n\nNew s. 4 inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4 Application of Part 1A\n\nThis Part applies if an officer of the Police Force or an IBAC Officer intends to apply under the Commonwealth Act for a Part 2-5 warrant or a renewal of a Part 2-5 warrant.\n\nS. 4A inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4A Public Interest Monitor must be notified\n\n(1) The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the **Public Interest Monitor Act 2011**.\n\n(2) If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—\n\n(a) a copy of the written application; and\n\n(b) a copy of the affidavit required under section 42 of the Commonwealth Act to accompany the written application.\n\n(3) If the officer intends to make the application by telephone, the officer must give the Public Interest Monitor the information required under section 43 of the Commonwealth Act to be given on a telephone application.\n\nS. 4B inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4B Full disclosure to Public Interest Monitor\n\n(1) The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the warrant.\n\n(2) The officer must not knowingly or recklessly fail to comply with subsection (1).\n\nPenalty: 60 penalty units or imprisonment for 6 months or both.\n\nS. 4C inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4C Public Interest Monitor to be given further information\n\nIf further information is required under section 44 of the Commonwealth Act to be given to the issuing authority in connection with the application, the officer must also give the Public Interest Monitor the information.\n\nS. 4D inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4D Role of Public Interest Monitor\n\n(1) The Public Interest Monitor is entitled—\n\n(a) to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and\n\n(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—\n\n(i) to ask questions of any person giving information to the issuing authority; and\n\n(ii) to make submissions to the issuing authority about the appropriateness of issuing the warrant; and\n\n(c) to make submissions to the issuing authority about the following matters—\n\n(i) in relation to an application for a warrant in relation to a telecommunications service—the matters referred to in section 46(2)(a) to (f) of the Commonwealth Act;\n\n(ii) in relation to an application for a warrant in relation to a person—the matters referred to in section 46A(2)(a) to (f) of the Commonwealth Act.\n\n(2) Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the issuing authority in the presence of the issuing authority, or by phone, fax, email or any other reasonable way.\n\n(3) As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4A, 4B or 4C in relation to the application.\n\nS. 4E inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).\n\n\t4E Confidentiality provisions do not apply\n\n(1) This section applies to—\n\n(a) an officer of the Police Force or an IBAC Officer; and\n\n(b) a person mentioned in section 4D(1)(b)(i).\n\n(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\nPt 1B (Heading and ss 4F–4K) inserted by No. 31/2024 s. 33.\n\nPart 1B—Functions of Public Interest Monitor—international production orders\n\nS. 4F inserted by No. 31/2024 s. 33.\n\n\t4F Application of this Part\n\nThis Part applies if an officer of the Police Force or an IBAC Officer intends to apply under clause 22 or 52 of Schedule 1 to the Commonwealth Act for an international production order in respect of—\n\n(a) one or more individual transmission services; or\n\n(b) one or more individual message/call application services.\n\nS. 4G inserted by No. 31/2024 s. 33.\n\n\t4G Public Interest Monitor must be notified\n\n(1) The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the **Public Interest Monitor Act 2011**.\n\n(2) If the officer intends to make the application  in writing, the officer must give the Public Interest Monitor—\n\n(a) a copy of the written application; and\n\n(b) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 25 of Schedule 1 to the Commonwealth Act to accompany the written application; and\n\n(c) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 55 of Schedule 1 to the Commonwealth Act to accompany the written application.\n\n(3) If the officer intends to make a telephone application, the officer must give the Public Interest Monitor—\n\n(a) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, the information required under clause 26 of Schedule 1 to the Commonwealth Act to be given on a telephone application; and\n\n(b) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, the information required under clause 56 of Schedule 1 to the Commonwealth Act to be given on a telephone application.\n\nS. 4H inserted by No. 31/2024 s. 33.\n\n\t4H Full disclosure to Public Interest Monitor\n\n(1) The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the international production order.\n\n(2) The officer must not knowingly or recklessly fail to comply with subsection (1).\n\nPenalty: 60 penalty units or imprisonment for 6 months or both.\n\nS. 4I inserted by No. 31/2024 s. 33.\n\n\t4I Public Interest Monitor to be given further information\n\nIf further information is required under clause 27 or 57 of Schedule 1 to the Commonwealth Act to be given in connection with the application, the officer must also give the Public Interest Monitor that information.\n\nS. 4J inserted by No. 31/2024 s. 33.\n\n\t4J Role of Public Interest Monitor\n\n(1) The Public Interest Monitor is entitled—\n\n(a) to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and\n\n(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—\n\n(i) to ask questions of any person giving information on the application; and\n\n(ii) to make submissions to the issuing authority about the appropriateness of issuing the international production order; and\n\n(c) to make submissions to the issuing authority about the following matters—\n\n(i) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 30(5)(a)(i) to (vi) of Schedule 1 to the Commonwealth Act;\n\n(ii) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 30(5)(b)(i) to (vi) of Schedule 1 to the Commonwealth Act;\n\n(iii) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 60(5)(a) to (g) of Schedule 1 to the Commonwealth Act;\n\n(iv) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 60(6)(a) to (g) of Schedule 1 to the Commonwealth Act.\n\n(2) Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions in person, or by phone, fax, email or any other reasonable way.\n\n(3) As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4G, 4H or 4I in relation to the application.\n\nS. 4K inserted by No. 31/2024 s. 33.\n\n\t4K Confidentiality provisions do not apply\n\n(1) This section applies to—\n\n(a) an officer of the Police Force or an IBAC Officer; and\n\n(b) a person referred to in section 4J(1)(b)(i).\n\n(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 a person to whom this section applies, 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\nPart 2—Functions of the Police Force\n\n\t5 Documents connected with issue of warrants to be kept\n\nThe Chief Commissioner of Police must cause to be kept in the records of the Police Force—\n\nS. 5(a) substituted by No. 87/2009 s. 34(1).\n\n(a) each warrant issued to the Police Force; and\n\nS. 5(b) substituted by No. 87/2009 s. 34(1).\n\n(b) a copy of each notification by the Chief Commissioner of Police under section 59A of the Commonwealth Act; and\n\nS. 5(c) substituted by No. 87/2009 s. 34(1).\n\n(c) each instrument revoking a warrant issued to the Police Force; and\n\n(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and\n\n(e) a copy of each authorisation by the Chief Commissioner of Police under section 66(2) of the Commonwealth Act; and\n\nS. 5(f) amended by No. 87/2009 s. 34(2).\n\n(f) particulars of any telephone application for a Part 2–5 warrant made by the Police Force.\n\n\t6 Other records to be kept in connection with interceptions\n\nS. 6(1) amended by No. 87/2005 s. 23(b).\n\n(1) The Chief Commissioner of Police must cause—\n\nS. 6(1)(a) amended by No. 87/2009 s. 35(1).\n\n(a) in relation to each application by the Police Force for a Part 2–5 warrant, a statement as to whether—\n\n(i) the application was withdrawn or refused; or\n\n(ii) a warrant was issued on the application; and\n\nS. 6(1)(ab) inserted by No. 87/2005 s. 23(a), amended by No. 87/2009 s. 35(1).\n\n(ab) in relation to each Part 2–5 warrant whose authority is exercised by the Police Force, particulars of—\n\n(i) the warrant; and\n\n(ii) the day on which, and the time at which, each interception under the warrant began; and\n\n(iii) the duration of each such interception; and\n\n(iv) the name of the person who carried out each such interception; and\n\n(v) in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and\n\n(b) in relation to each restricted record that has at any time been in the possession of the Police Force, particulars of—\n\n(i) if the restricted record is a record obtained by an interception under a warrant issued to the Police Force—that warrant; and\n\n(ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Police Force; and\n\n(iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Police Force; and\n\n(iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Police Force received or supplied the restricted record; and\n\nS. 6(1)(c) amended by No. 87/2009 s. 35(2).\n\n(c) particulars of each use made by the Police Force of lawfully intercepted information; and\n\nS. 6(1)(d) amended by No. 87/2009 s. 35(2).\n\n(d) particulars of each communication of lawfully intercepted information by an officer of the Police Force to a person or body other than such an officer; and\n\nS. 6(1)(e) amended by No. 87/2009 s. 35(2).\n\n(e) particulars of each occasion when, to the knowledge of an officer of the Police Force, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the Police Force—\n\nto be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.\n\n(2) The Chief Commissioner of Police must cause to be kept in the records of the Police Force each record that the Chief Commissioner has caused to be made under this section.\n\n\t7 Documents to be given to the Minister\n\nS. 7(1) amended by No. 87/2009 s. 33(7)(a).\n\n(1) The Chief Commissioner of Police must give to the Police Minister—\n\nS. 7(1)(a) repealed by No. 82/2012 s. 65(a).\n\n* * * * *\n\n(b) within 3 months after a warrant issued to the Police Force ceases to be in force, a written report about—\n\n(i) the use made by the Police Force of information obtained by interceptions under the warrant; and\n\n(ii) the communication of that information to persons other than officers of the Police Force; and\n\nS. 7(1)(c) amended by No. 87/2009 s. 36(1).\n\n(c) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—\n\nS. 7(1)(c)(i) amended by No. 87/2009 ss 33(7)(b), 36(2).\n\n(i) Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Police Minister's report under that Division relating to the year ending on that 30 June; and\n\n(ii) can be derived from the records of the Police Force.\n\n(2) The Chief Commissioner of Police must give to the Attorney-General—\n\nS. 7(2)(a) repealed by No. 82/2012 s. 65(b).\n\n* * * * *\n\n(b) a copy of each report referred to in subsection (1)(c).\n\nS. 8 (Heading) substituted by No. 87/2009 s. 33(7)(c).\n\n\t8 Documents to be given by State Police Minister to Commonwealth Minister\n\nS. 8 amended by No. 87/2009 s. 33(7)(d)(e).\n\nThe Police Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after—\n\nS. 8(a)(b) repealed by No. 82/2012 s. 66.\n\n* * * * *\n\n(c) a report of a kind referred to in section 7(1)(b) or (c)—\n\nis given to the Police Minister, a copy of the warrant, instrument or report, as the case may be.\n\n\t9 Keeping and destruction of restricted records\n\n(1) The Chief Commissioner of Police must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Police Force to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.\n\n(2) The Chief Commissioner of Police must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Police Force, other than a purpose connected with an inspection of the kind referred to in section 11 or with a report on such an inspection.\n\nPt 2A (Heading and ss 9A–9E) inserted by No. 87/2005 s. 24, amended by No. 87/2009 s. 33(7)(f)–(k), 37–39, repealed by No. 82/2012 s. 67.\n\n* * * * *\n\nPt 2B (Heading and ss 9F–9H) inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\nPart 2B—Functions of the IBAC\n\nS. 9F inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\n\t9F Documents connected with issue of warrants to be kept\n\nThe IBAC Commissioner must cause to be kept in the records of the IBAC—\n\n(a) each warrant issued to the IBAC; and\n\n(b) a copy of each notification by the IBAC Commissioner under section 59A of the Commonwealth Act; and\n\n(c) each instrument revoking a warrant issued to the IBAC; and\n\n(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and\n\n(e) a copy of each authorisation by the IBAC Commissioner under section 66(2) of the Commonwealth Act; and\n\n(f) particulars of any telephone application for a Part 2–5 warrant made by the IBAC.\n\nS. 9G inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\n\t9G Other records to be kept in connection with interceptions\n\n(1) The IBAC Commissioner must cause—\n\n(a) in relation to each application by the IBAC for a Part 2–5 warrant, a statement as to whether—\n\n(i) the application was withdrawn or refused; or\n\n(ii) a warrant was issued on the application; and\n\n(b) in relation to each Part 2–5 warrant whose authority is exercised by the IBAC, particulars of—\n\n(i) the warrant; and\n\n(ii) the day on which, and the time at which, each interception under the warrant began; and\n\n(iii) the duration of each such interception; and\n\n(iv) the name of the person who carried out each such interception; and\n\n(v) in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant; and\n\n(c) in relation to each restricted record that has at any time been in the possession of the IBAC, particulars of—\n\n(i) if the restricted record is a record obtained by an interception under a warrant issued to the IBAC, that warrant; and\n\n(ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the IBAC; and\n\n(iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the IBAC; and\n\n(iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the IBAC received or supplied the restricted record; and\n\n(d) particulars of each use made by the IBAC of lawfully intercepted information; and\n\n(e) particulars of each communication of lawfully intercepted information by an IBAC Officer to a person or body other than an IBAC Officer; and\n\n(f) particulars of each occasion when, to the knowledge of an IBAC Officer, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the IBAC—\n\nto be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.\n\n(2) The IBAC Commissioner must cause to be kept in the records of the IBAC each record that the IBAC Commissioner has caused to be made under this section.\n\nS. 9GA inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\n\t9GA Documents to be given to Minister\n\n(1) The IBAC Commissioner must give to the Minister—\n\n(a) within 3 months after a warrant issued to the IBAC ceases to be in force, a written report about—\n\n(i) the use made by the IBAC of information obtained by interceptions under the warrant; and\n\n(ii) the communication of that information to persons other than IBAC Officers; and\n\n(b) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—\n\n(i) Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and\n\n(ii) can be derived from the records of the IBAC.\n\n(2) The IBAC Commissioner must give to the Attorney-General a copy of each report referred to in subsection (1)(b).\n\nS. 9GB inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\n\t9GB Documents to be given by State Minister to Commonwealth Minister\n\nThe Minister must give to the Minister administering the Commonwealth Act a copy of a report of a kind referred to in section 9GA(1)(a) or (b) as soon as practicable after the report is given to the Minister.\n\nS. 9H inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).\n\n\t9H Keeping and destruction of restricted records\n\n(1) The IBAC Commissioner must cause a restricted record that is in the possession of the IBAC to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.\n\n(2) The IBAC Commissioner must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if the IBAC Commissioner is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the IBAC, other than a purpose connected with an inspection of the kind referred to in section 14 or with a report on such an inspection.\n\nPt 3 (Heading) amended by Nos 82/2012 s. 68, 31/2024 s. 113(Sch. 1 item 38.2).\n\nPt 3 (Heading and ss 10–20) substituted as Pt 3  \n(Heading and ss 10–20C) by No. 87/2005 s. 25.\n\nPart 3—Functions of Integrity Oversight Victoria\n\nDivision 1—Introduction\n\nS. 10 substituted by No. 87/2005 s. 25, amended by Nos 82/2012 s. 69(a), 31/2024 s. 113(Sch. 1 item 38.3).\n\n\t10 Functions—generally\n\nIntegrity Oversight Victoria may—\n\n(a) inspect records of the Police Force in order to ascertain the extent of compliance by officers of the Police Force with Part 2; and\n\nS. 10(b) substituted by No. 82/2012 s. 69(b).\n\n(b) inspect records of the IBAC in order to ascertain the extent of compliance by IBAC Officers with Part 2B;\n\nS. 10(c) substituted by No. 87/2009 s. 33(7)(l), amended by No. 82/2012 s. 69(c).\n\n(c) report to the Police Minister about the results of the inspections referred to in paragraph (a) and the Minister about the results of the inspections referred to in paragraph (b); and\n\n(d) do anything incidental or conducive to the performance of any of the preceding functions.\n\nDivision 2—Inspection of records of Police Force\n\nS. 11 substituted by Nos 87/2005 s. 25, 82/2012 s. 70.\n\n\t11 Regular inspections of records of Police Force\n\nS. 11(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(a)).\n\n(1) Integrity Oversight Victoria must inspect the records of the Police Force at least twice during each financial year in order to ascertain the extent to which the officers of the Police Force have complied with Part 2 since the last inspection under this Division of the records of the Police Force.\n\nS. 11(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(a)).\n\n(2) Integrity Oversight Victoria may, at any time, inspect records of the Police Force in order to ascertain the extent to which officers of the Police Force have complied, during any period, with Part 2.\n\nS. 11(3) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(b)).\n\n(3) Despite subsection (1), any inspection done by the Special Investigations Monitor under section 11 as in force immediately before its substitution by the **Integrity and Accountability Legislation Amendment Act 2012** during the financial year in which this section is substituted is taken to be an inspection by Integrity Oversight Victoria required to be done by Integrity Oversight Victoria under subsection (1) during that financial year.\n\nS. 12 substituted by No. 87/2005 s. 25.\n\n\t12 Reports\n\nS. 12(1) amended by Nos 87/2009 s. 33(7)(a), 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).\n\n(1) Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Police Minister in writing, about the results of the inspections under section 11(1), during that financial year, of records of the Police Force.\n\nS. 12(2) amended by Nos 87/2009 s. 33(7)(a), 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).\n\n(2) Integrity Oversight Victoria may report to the Police Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Police Minister or the Attorney-General.\n\nS. 12(3) amended by Nos 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).\n\n(3) Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the Chief Commissioner of Police and to the Attorney-General.\n\nS. 13 (Heading) substituted by No. 82/2012 s. 72(1), amended by No. 31/2024 s. 113(Sch. 1 item 38.6).\n\nS. 13 substituted by No. 87/2005 s. 25, amended by Nos 82/2012 s. 72(2), 31/2024 s. 113(Sch. 1 item 38.7).\n\n\t13 Integrity Oversight Victoria may report on contraventions\n\nIf, as a result of an inspection under this Division of the records of the Police Force, Integrity Oversight Victoria is of the opinion that an officer of the Police Force has contravened—\n\n(a) a provision of the Commonwealth Act; or\n\nS. 13(b) amended by No. 82/2012 s. 72(3).\n\n(b) a requirement referred to in section 7(1)(b)—\n\nIntegrity Oversight Victoria may include in his or her report on the inspection a report on the contravention.\n\nPt 3 Div. 3 (Heading and ss 14–16) amended by Nos 87/2005 s. 25, 87/2009 s. 33(7)(g), substituted by No. 82/2012 s. 73.\n\nDivision 3—Inspection of records of the IBAC\n\nS. 14 substituted by No. 82/2012 s. 73.\n\n\t14 Regular inspections of records of the IBAC\n\nS. 14(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.8).\n\n(1) Integrity Oversight Victoria must inspect the records of the IBAC—\n\n(a) at least once during the period beginning on the commencement day and ending on the following 30 June; and\n\n(b) at least twice during each financial year beginning after the 30 June referred to in paragraph (a)—\n\nin order to ascertain the extent to which IBAC Officers have complied with Part 2B since the commencement day, or since the last inspection under this Division of the records of the IBAC, as the case requires.\n\nS. 14(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.8).\n\n(2) Integrity Oversight Victoria may at any time inspect records of the IBAC in order to ascertain the extent to which IBAC Officers have complied, during any period, with Part 2B.\n\n(3) In this section—\n\n***commencement day*** means the day on which section 147 of the **Integrity and Accountability Legislation Amendment Act 2012** comes into operation.\n\nS. 15 substituted by No. 82/2012 s. 73.\n\n\t15 Reports\n\nS. 15(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).\n\n(1) Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing about the results of the inspections of records of the IBAC under section 14(1) during that financial year.\n\nS. 15(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).\n\n(2) Integrity Oversight Victoria may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General.\n\nS. 15(3) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).\n\n(3) Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the IBAC Commissioner and to the Attorney-General.\n\nS. 16 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 38.10).\n\nS. 16 substituted by No. 82/2012 s. 73, amended by No. 31/2024 s. 113(Sch. 1 item 38.11).\n\n\t16 Integrity Oversight Victoria may report on contraventions\n\nIf, as a result of an inspection under this Division of the records of the IBAC, Integrity Oversight Victoria is of the opinion that an IBAC Officer has contravened a provision of the Commonwealth Act or a requirement referred to in section 9GA(1)(a), Integrity Oversight Victoria may include a report on that contravention in its report.\n\nDivision 4—General functions and powers\n\nS. 17 substituted by No. 87/2005 s. 25.\n\n\t17 Definitions\n\nIn this Division—\n\nS. 17 def. of *relevant agency* amended by No. 82/2012 s. 74(a).\n\n***relevant agency*** means—\n\n(a) the Police Force, in relation to an inspection of the records of the Police Force;\n\n(b) the IBAC, in relation to an inspection of the records of the IBAC;\n\nS. 17 def. of *relevant agency head* amended by No. 82/2012 s. 74(b).\n\n***relevant agency head*** means—\n\n(a) the Chief Commissioner of Police, in relation to an inspection of the records of the Police Force;\n\n(b) the IBAC Commissioner, in relation to an inspection of the records of the IBAC;\n\nS. 17 def. of *relevant person* amended by No. 82/2012 s. 74(c).\n\n***relevant person*** means—\n\n(a) an officer of the Police Force, in relation to an inspection of the records of the Police Force;\n\n(b) an IBAC Officer, in relation to an inspection of the records of the IBAC.\n\nS. 18 (Heading) amended by Nos 82/2012 s. 75(1), 31/2024 s. 113(Sch. 1 item 38.12).\n\nS. 18 substituted by No. 87/2005 s. 25.\n\n\t18 Integrity Oversight Victoria's general powers\n\nS. 18(1) amended by Nos 82/2012 s. 75(2), 31/2024 s. 113(Sch. 1 item 38.13(a)).\n\n(1) For the purposes of an inspection under this Part, Integrity Oversight Victoria—\n\n(a) may, after notifying the relevant agency head, enter at any reasonable time premises occupied by the relevant agency; and\n\n(b) is entitled to have full and free access at all reasonable times to all records of the relevant agency; and\n\n(c) despite any other law, is entitled to make copies of, and to take extracts from, records of the relevant agency; and\n\nS. 18(1)(d) amended by Nos 82/2012 s. 75(2), 31/2024 s. 113(Sch. 1 item 38.13(a)).\n\n(d) may require a relevant person to give Integrity Oversight Victoria any information Integrity Oversight Victoria considers necessary, being information that is in the relevant person's possession, or to which the relevant person has access, and that is relevant to the inspection.\n\nS. 18(2) substituted by No. 82/2012 s. 75(3), amended by No. 31/2024 s. 113(Sch. 1 item 38.13).\n\n(2) The relevant agency head must ensure that relevant persons provide to Integrity Oversight Victoria any assistance that Integrity Oversight Victoria reasonably requires in connection with the exercise of Integrity Oversight Victoria's functions under this Part in relation to the relevant agency.\n\nS. 19 substituted by No. 87/2005 s. 25.\n\n\t19 Power to obtain relevant information\n\nS. 19(1) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(b)).\n\n(1) If Integrity Oversight Victoria has reason to believe that a relevant person is able to give information relevant to an inspection under this Part, subsections (2) and (3) have effect.\n\nS. 19(2) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14).\n\n(2) Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to give the information to Integrity Oversight Victoria—\n\n(a) by writing signed by the relevant person; and\n\n(b) at a specified place and within a specified period.\n\nS. 19(3) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(a)).\n\n(3) Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to attend—\n\n(a) before a specified inspecting officer; and\n\n(b) at a specified place; and\n\n(c) within a specified period or at a specified time on a specified day—\n\nin order to answer questions relevant to the inspection.\n\nS. 19(4) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(b)).\n\n(4) If Integrity Oversight Victoria—\n\n(a) has reason to believe that a relevant person is able to give information relevant to an inspection under this Part; and\n\n(b) does not know the relevant person's identity—\n\nIntegrity Oversight Victoria may, by writing given to the relevant agency head, require the relevant agency head, or a person nominated by the relevant agency head, to attend—\n\n(c) before a specified inspecting officer; and\n\n(d) at a specified place; and\n\n(e) within a specified period or at a specified time on a specified day—\n\nin order to answer questions relevant to the inspection.\n\n(5) The place, and the period or the time and day, specified in a requirement under this section must be reasonable having regard to the circumstances in which the requirement is made.\n\nS. 20 (Heading) amended by Nos 82/2012 s. 77(1), 31/2024 s. 113(Sch. 1 item 38.15).\n\nS. 20 substituted by No. 87/2005 s. 25.\n\n\t20 Integrity Oversight Victoria to be given information and access despite other laws\n\n(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 by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—\n\n(a) the information, the answer, or the fact that the person has so given access to the document, as the case may be; and\n\n(b) any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—\n\nis not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 23.\n\n(2) Nothing in any other law prevents a relevant person from—\n\n(a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or\n\n(b) giving to an inspecting officer access to a record of a relevant agency—\n\nfor the purposes of an inspection under this Part.\n\n(3) Nothing in any other law prevents a relevant person 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 (2).\n\nS. 20A inserted by No. 87/2005 s. 25.\n\n\t20A Dealing with information for the purposes of inspection and report\n\nIf—\n\n(a) information is given or communicated to an inspecting officer, as permitted by section 20(2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part; or\n\n(b) an inspecting officer obtains information as a result of being given access to records, as permitted by section 20(2), for the purposes of an inspection under this Part—\n\nthe inspecting officer may, despite any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part.\n\nS. 20B (Heading) amended by Nos 82/2012 s. 77(2), 31/2024 s. 113(Sch. 1 item 38.16).\n\nS. 20B inserted by No. 87/2005 s. 25.\n\n\t20B Integrity Oversight Victoria not to be sued\n\nAn inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise, or the purported exercise, of a function conferred by this Part.\n\nS. 20C (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 38.17).\n\nS. 20C inserted by No. 87/2005 s. 25, amended by No. 87/2009 s. 33(7)(m), substituted by No. 82/2012 s. 78, amended by No. 31/2024 s. 113(Sch. 1 item 38.18).\n\n\t20C Delegation by Integrity Oversight Victoria\n\nIntegrity Oversight Victoria may delegate to an inspecting officer any of Integrity Oversight Victoria's functions or powers under this Act, other than—\n\n(a) this power of delegation; and\n\n(b) a power to report to the Police Minister or the Minister.\n\nPart 4—Miscellaneous\n\nS. 21 amended by Nos 87/2005 s. 26(a), 87/2009 s. 33(7)(n), 82/2012 s. 79.\n\n\t21 Copies of reports for Commonwealth Minister\n\nThe Police Minister or the Minister (as the case requires) must give the Minister administering the Commonwealth Act, as soon as practicable after a report on an inspection of the kind referred to in section 11 or 14 is given to the Police Minister or to the Minister, a copy of the report.\n\n\t22 Disclosure by persons under the Minister's administration\n\nA person, other than an inspecting officer, engaged in the administration of this Act must not disclose any information or record obtained by the person in the administration of this Act, unless the disclosure is made—\n\n(a) in accordance with the Commonwealth Act; or\n\n(b) for the purpose of any proceedings under—\n\n(i) section 22 of the **Ombudsman Act 1973**; or\n\nS. 22(b)(ii) amended by No. 69/2009 s. 54(Sch. Pt 2 item 51).\n\n(ii) Division 5 of Part I of the **Evidence (Miscellaneous Provisions) Act 1958**; or\n\n(c) for the purpose of discharging the person's functions under this or any other Act.\n\n1. 10 penalty units.\n\n\n\t23 Offences relating to inspections under Part 3\n\nS. 23(1) amended by No. 87/2005 s. 26(b)(i).\n\n(1) A person must not, without reasonable excuse, refuse or fail—\n\n(a) to attend before a person; or\n\n(b) to furnish information; or\n\n(c) to answer a question—\n\nwhen required under section 19 to do so.\n\n(2) A person must not—\n\nS. 23(2)(a) amended by Nos 87/2005 s. 26(b)(ii), 82/2012 s. 80, 31/2024 s. 113(Sch. 1 item 38.19).\n\n(a) without reasonable excuse, wilfully obstruct, hinder or resist a person in connection with the exercise of Integrity Oversight Victoria's functions under Part 3; or\n\n(b) give to an inspecting officer, in connection with an inspection under Part 3, information or a statement that the first-mentioned person knows to be false or misleading in a material particular.\n\n1. 10 penalty units or imprisonment for 6 months.\n\n\n\t24 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may impose a penalty not exceeding 5 penalty units for a contravention of the regulations.\n\nS. 25 inserted by No. 82/2012 s. 81.\n\n\t25 Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011\n\n(1) On and from the commencement day, any functions, duties or obligations of the Director under Part 2A, as in force immediately before its repeal, that are not completed by the Director before the commencement day must be performed by the IBAC Commissioner.\n\n(2) Without limiting subsection (1), despite the repeal of Part 2A, the IBAC must comply with any reporting requirements of the Director under that Part if those requirements have not been completed before the commencement day and for that purpose, that Part, as in force immediately before its repeal, applies as if a reference to the Director were a reference to the IBAC Commissioner.\n\n(3) In this section—\n\n***commencement day*** means the day on which section 16 of the **Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012** comes into operation;\n\n***Director*** means the Director, Police Integrity under section 7 of the **Police Integrity Act 2008** as in force immediately before its repeal.\n\nS. 26 inserted by No. 82/2012 s. 81.\n\n\t26 Transitional provisions—Victorian Inspectorate Act 2011\n\n(1) On and from the commencement day, any functions, duties or obligations of the SIM under Part 3 as in force immediately before the commencement day that are not completed by the SIM before the commencement day must be performed by the Victorian Inspectorate.\n\n(2) Without limiting subsection (1), despite the substitution of Division 3 of Part 3 by the **Integrity and Accountability Legislation Amendment Act 2012**, the Inspector must comply with any reporting requirements of the SIM under that Division of that Part if those requirements have not been completed before that substitution and for that purpose, that Division of that Part, as in force immediately before its substitution, applies as if a reference to the SIM were a reference to the Victorian Inspectorate.\n\n(3) In this section—\n\n***commencement day*** means the day on which section 147 of the **Integrity and Accountability Legislation Amendment Act 2012** comes into operation;\n\n***SIM*** means the Special Investigations Monitor appointed under section 5 of the **Major Crime (S**p**ecial Investigations Monitor) Act 2004** as in force immediately before its repeal.\n\nS. 26(4) inserted by No. 31/2024 s. 113(Sch. 1 item 38.20).\n\n(4) On and after the commencement of item 38.20 of Schedule 1 to the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024**, unless the context otherwise requires—\n\n(a) a reference to the **Victorian Inspectorate Act 2011** in this section includes a reference to the **Integrity Oversight Victoria Act 2011**; and\n\n(b) a reference to \"the Victorian Inspectorate\" in this section includes a reference to \"Integrity Oversight Victoria\"; and\n\n(c) a reference to the \"Inspector\" in this section includes a reference to the \"Chief Integrity Inspector\".\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 14 April 1988*\n\n*Legislative Council: 5 May 1988*\n\nThe long title for the Bill for this Act was \"A Bill to enable the Police Force of Victoria to intercept telecommunications in accordance with the  Telecommunications (Interception) Act 1979 of the Commonwealth and for other purposes.\".\n\nThe **Telecommunications (Interception) (State Provisions) Act 1988** was assented to on 24 May 1988 and came into operation on 27 October 1988: Government Gazette 26 October 1988 page 3219.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Telecommunications (Interception) (State Provisions) Act 1988** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Telecommunications (Interception) (State Provisions) (Amendment) Act 1993, No. 116/1993**\n\n| Assent Date: | 7.12.93 |\n| --- | --- |\n| Commencement Date: | 7.12.93: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Telecommunications (Interception) (State Provisions) (Amendment) Act 2001, No. 65/2001**\n\n| Assent Date: | 23.10.01 |\n| --- | --- |\n| Commencement Date: | 24.10.01: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Australian Crime Commission (State Provisions) Act 2003, No. 52/2003**\n\n| Assent Date: | 16.6.03 |\n| --- | --- |\n| Commencement Date: | S. 52(Sch. 1 item 13) on 17.6.03: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005**\n\n| Assent Date: | 29.11.05 |\n| --- | --- |\n| Commencement Date: | Ss 21–26 on 1.7.06: Government Gazette 29.6.06 p. 1314 |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Police Integrity Act 2008, No. 34/2008**\n\n| Assent Date: | 1.7.08 |\n| --- | --- |\n| Commencement Date: | S. 143(Sch. 2 item 12) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 54(Sch. Pt 2 item 51) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009**\n\n| Assent Date: | 15.12.09 |\n| --- | --- |\n| Commencement Date: | Ss 32–39 on 16.12.09: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Public Interest Monitor Act 2011, No. 72/2011** (as amended by No. 82/2012)\n\n| *Assent Date:* | 6.12.11 |\n| --- | --- |\n| *Commencement Date:* | S. 43 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012** (as amended by No. 82/2012)\n\n| *Assent Date:* | 20.3.12 |\n| --- | --- |\n| *Commencement Date:* | Ss 14(1)(2)(b)(c), 15 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1; s. 14(2)(a) never proclaimed, repealed by No. 82/2012 s. 149(2)(a) |\n| *Current State:* | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| *Assent Date:* | 18.12.12 |\n| --- | --- |\n| *Commencement Date:* | Ss 63–81 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 166) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| --- | --- |\n| Commencement Date: | Ss 31–33 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 38) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Telecommunications (Interception) (State Provisions) Act 1988** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1988 solely for Victoria Police, the Act has expanded significantly. It now covers IBAC (added 2012), incorporates international production orders for cross-border surveillance (added 2024), and has cycled through multiple oversight bodies (Office of Police Integrity, Special Investigations Monitor, Victorian Inspectorate, now Integrity Oversight Victoria). The oversight mechanisms have also deepened—originally there was no Public Interest Monitor; this was added in 2011. The Act has grown from a simple 'enabling' statute for police wiretaps to a comprehensive framework governing multiple agencies with distinct compliance regimes."},"complexity_factors":["Heavy cross-referencing to the Commonwealth Telecommunications (Interception and Access) Act 1979 (external statute dependency)","Multiple agency frameworks: provisions apply differently to Victoria Police vs IBAC vs former bodies (Office of Police Integrity, Special Investigations Monitor) with transitional provisions","Nested definitions: 20+ defined terms in section 3, many referencing other Victorian Acts (Integrity Oversight Victoria Act 2011, IBAC Act 2011, etc.)","Parallel structure: Parts 1A and 1B duplicate oversight functions for different warrant types (Part 2-5 warrants vs international production orders)","Conditional logic for 'permitted purposes'—13 separate purposes for Police Force, 8 for IBAC, governing when records can be retained","Transitional provisions (sections 25-26) preserving historical functions of abolished bodies (Director, Police Integrity; Special Investigations Monitor)","Immunity and evidentiary provisions (section 20) with carve-outs for self-incrimination","Recent amendments (2024) renaming Victorian Inspectorate to Integrity Oversight Victoria throughout, creating textual layering"],"plain_english_summary":"This Victorian law sets up the rules for when and how Victoria Police and the Independent Broad-based Anti-corruption Commission (IBAC) can secretly listen in on phone calls and other communications.\n\n**What it does:**\n- **Enables wiretapping**: It allows Victorian law enforcement to apply for warrants to intercept telecommunications (phone calls, texts, emails, etc.) under the Commonwealth Telecommunications (Interception and Access) Act 1979.\n- **Adds oversight**: It requires a Public Interest Monitor (an independent watchdog) to review applications for interception warrants before they go to a judge or issuing authority. The Monitor can challenge the evidence and argue against issuing the warrant.\n- **Creates record-keeping rules**: Police and IBAC must keep detailed records of every interception—when it happened, who did it, what was collected, and how the information was used or shared.\n- **Sets up inspections**: Integrity Oversight Victoria (formerly the Victorian Inspectorate) inspects these records at least twice a year to check that police and IBAC are following the rules.\n- **Protects the information**: Restricted records (the actual intercepted content) must be stored securely and destroyed when no longer needed.\n\n**Who it affects:**\n- **Victoria Police** and **IBAC officers** who conduct surveillance\n- **The Public Interest Monitor** who reviews warrant applications\n- **Integrity Oversight Victoria** who audits compliance\n- **Victorian Ministers** who receive reports and pass them to the Commonwealth\n- **Ordinary people** whose communications may be intercepted under warrant\n\n**Why it matters:**\nThis law balances public safety against privacy. It ensures that when police or anti-corruption bodies want to spy on communications, there's independent scrutiny to prevent abuse, strict rules about how the information is handled, and regular auditing to catch any wrongdoing."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original, narrow enabling purpose (s 1) of allowing the Victoria Police to intercept telecommunications under the Commonwealth Act. Key expansions: (a) the Act now covers IBAC as a separate agency with parallel interception record‑keeping, reporting and destruction obligations (Parts 2B, ss 9F–9H), whereas originally it focused on Police; (b) it introduces a formal role for a Public Interest Monitor for both Part 2–5 warrants and international production orders (Parts 1A and 1B, ss 4–4E, 4F–4K), adding pre‑application notification and disclosure duties; (c) state oversight shifted from previous inspector entities to Integrity Oversight Victoria with statutory inspection and compulsion powers (Part 3, ss 10–20C); and (d) the Act now expressly handles international production orders (added 2024) and contains multiple transitional provisions reflecting institutional changes. These changes broadened the Act from a single‑agency enabling statute to a multi‑agency regulatory and oversight framework that operationally integrates state interception activity with federal rules."},"complexity_factors":["Extensive cross‑references to the Commonwealth Telecommunications (Interception and Access) Act 1979 and its Schedule (multiple sections and clauses cited in ss 4A–4C, 4G–4I, and elsewhere)","Large interpretation/definitions section with many terms linked to the Commonwealth Act and other Victorian Acts (s 3) — numerous defined terms added or replaced across amendments","Multiple conditional parts that apply only 'if' state officers 'intend to apply' for a warrant or order (ss 4, 4F) — requires tracing pre‑application duties","Parallel regimes for warrants and for international production orders (Parts 1A and 1B) with closely mirrored but distinct procedural requirements","Record‑keeping, reporting and destruction rules split between two agencies (Police and IBAC) with near‑duplicated but separately phrased obligations (Parts 2 and 2B)","Oversight and compulsion framework involving a separate inspector body (Integrity Oversight Victoria) with coercive powers, immunities and procedural safeguards (ss 18–20C)","Criminal offences and evidentiary carve‑outs interacting with compulsion powers (ss 4B, 4H, 20, 23)","Multiple transitional provisions and amendment history that change who performs functions (ss 25–26) — requires historical reading to understand current incumbents","Delegation and procedural discretion (s 20C) combined with confidentiality exceptions (ss 4E, 4K) create conditional exceptions to general rules","Frequent references to external instruments (other Victorian Acts and regulations) for procedural detail (Public Interest Monitor Act 2011, Integrity Oversight Victoria Act 2011, Commonwealth Act) — increases interpretive load"],"plain_english_summary":"**What this Act does (mechanics)\n\n- Stated purpose: enable Victoria Police and the Independent Broad‑based Anti‑corruption Commission (IBAC) to carry out telecommunications interception and related orders in accordance with the Commonwealth Telecommunications (Interception and Access) Act 1979 (the Commonwealth Act) (s 1).\n\n- Notification and oversight by a Public Interest Monitor (PIM): before an officer of Victoria Police or an IBAC officer applies for a Part 2–5 warrant (wiretap‑style warrant) or for certain international production orders, the officer must notify the Public Interest Monitor and give the PIM the application materials or the information that would be given on a telephone application (ss 4, 4A, 4G). The officer must fully disclose any matters adverse to issuing the warrant or order (ss 4B, 4H) and must provide any further material required under the Commonwealth Act or its Schedule (ss 4C, 4I). The PIM may appear at the hearing, question witnesses and make submissions about whether the warrant/order should be issued (ss 4D, 4J). Confidentiality restrictions that would otherwise block disclosure to the PIM are disapplied for these purposes (ss 4E, 4K).\n\n- Record‑keeping and reporting by Victoria Police and IBAC: the Act requires both agencies to keep particular documents and logs about warrants, telephone applications, interceptions, uses of intercepted material, communications of intercepted material, and restricted records (ss 5, 6, 9F, 9G). Each agency must report to its State Minister after a warrant ceases and annually about information required by the Commonwealth Act; copies of those reports are to be given to Commonwealth counterparts (ss 7, 9GA, 8, 9GB, 21).\n\n- Secure storage and destruction of intercepted material: restricted records (raw interception material) must be kept securely and destroyed when they are not likely to be needed for a “permitted purpose” (ss 9, 9H). \"Permitted purpose\" is defined and differs depending on whether the material is with Police or IBAC (s 3).\n\n- Independent inspection and enforcement: Integrity Oversight Victoria (a state inspector‑type body) must inspect Police and IBAC interception records regularly (twice a year for Police; at least twice a year for IBAC after an initial inspection) and may report on instances of non‑compliance with the Commonwealth Act or certain state reporting requirements (ss 10–16). Integrity Oversight Victoria has broad powers to access records, require attendance and information, make copies, and insist agency staff assist (ss 18–20). Inspecting officers have statutory protections (immunity from suit) and may delegate functions (ss 20B, 20C).\n\n- Compulsion and limits: Integrity Oversight Victoria can compel persons to give information or attend for questioning in writing (s 19). People compelled to provide information are not excused on the ground that the disclosure would infringe other laws, be contrary to the public interest, or tend to incriminate, but there is an exclusion from admissibility of that compelled material except for prosecutions for obstructing the inspection (s 20).\n\n- Offences and penalties: failing to fully disclose adverse matters to the PIM is an offence (60 penalty units or 6 months imprisonment) (ss 4B, 4H). Obstructing inspections, giving false or misleading information, or refusing to comply with a valid requirement to attend or furnish information are penalised (s 23).\n\nWho is affected\n\n- Primary duty‑holders: Victoria Police (the Police Force), the IBAC and their officers — they must notify PIM, keep detailed records, report to Ministers, and submit to inspections (ss 4–9H, 10–16, 18–21).\n\n- Oversight actors: the Public Interest Monitor and Integrity Oversight Victoria gain information, appearances rights, and compulsory powers (ss 4D–4E, 4J–4K, 18–20C).\n\n- Commonwealth interface: the Minister administering the Commonwealth Act receives certain copies of warrants and reports; many requirements operate by explicit cross‑reference to the Commonwealth Act and its Schedule (various sections, e.g. ss 4A–4C, 4G–4I, 5–9G, 21).\n\n- Members of the public and telecommunications providers: the Act does not itself create the power to force carriers to produce data (the Commonwealth Act does that), but it affects how state agencies handle intercepted material and how oversight is exercised; there are privacy and evidentiary consequences because of obligations to secure, retain or destroy restricted records (ss 9, 9H) and the confidentiality carve‑outs for PIM and inspectors (ss 4E, 4K, 20).\n\nWhy it matters (claimed purpose and practical trade‑offs)\n\n- Official claim: the Act implements state‑level machinery to ensure Victoria Police and IBAC can use interception powers consistently with the Commonwealth framework and that independent oversight (PIM and Integrity Oversight Victoria) can operate effectively (s 1; Parts 1A, 1B, 3).\n\n- Costs and incentives: the law imposes ongoing administrative costs on Police and IBAC for notification, fuller affidavit disclosure, record‑keeping, secure storage, reporting and cooperating with inspections (ss 4A–4C, 5–6, 9F–9G, 11–16, 18–20). Those costs are concentrated on the two agencies; benefits from interception (investigative leads, prosecutions, IBAC investigations) are concentrated to those agencies and potentially to prosecuting authorities, while the compliance cost is borne by the agencies and ultimately the public purse.\n\n- Behavioural effects: officers must disclose matters adverse to an application to the PIM under penalty (ss 4B, 4H). That creates a compliance incentive to compile fuller pre‑application material and may deter weak or marginal applications. Integrity Oversight Victoria's compulsory powers (s 19) and inspection schedule (ss 11, 14) create ongoing incentives to maintain accurate logs and secure handling of restricted records (ss 6, 9, 9H).\n\n- Implementation risks and discretion: the Act relies heavily on cross‑reference to the Commonwealth Act and its Schedule (numerous provisions in Parts 1A and 1B refer to sections and clauses of the Commonwealth Act). This creates implementation risk where federal provisions change or are interpreted differently. There is also delegated discretion (for example, decisions by issuing authorities under the Commonwealth Act, and the agency heads' role in ensuring cooperation under s 18(2)).\n\n- Effects on private enterprise and individual choice: the Act primarily regulates state agency behaviour and oversight; it does not directly alter market competition, prices, or ownership. Indirectly, telecommunications providers and platform operators remain subject to the Commonwealth Act's production and assistance powers; this Victorian Act shapes how state agencies will seek and handle material they obtain but does not itself expand compulsory powers against private firms.\n\nPractical takeaways — who pays, who decides, what changes\n\n- Who pays: Victoria Police and IBAC shoulder the administrative and compliance costs (record systems, staff time for notifications, responses to inspections); taxpayers ultimately fund those costs. The Public Interest Monitor and Integrity Oversight Victoria have resourcing implications for their offices.\n\n- Who decides: issuing authorities under the Commonwealth Act decide whether to issue warrants or orders; the Public Interest Monitor can test and make submissions at hearings (ss 4D, 4J), and Integrity Oversight Victoria decides inspection findings and whether to report contraventions to Ministers (ss 12–16).\n\n- What behaviour changes: officers must (a) notify and disclose to the PIM before applying for warrants/orders (ss 4A–4C, 4G–4I); (b) keep detailed logs and reports about intercepts and uses (ss 5–6, 9F–9G); (c) secure and, when appropriate, destroy restricted records (ss 9, 9H); and (d) cooperate with inspection powers (ss 18–20). Failure to comply carries criminal penalties in specific instances (ss 4B, 4H, 23).\n\nSelected key sections for quick reference: s 1 (purpose), ss 4–4E (PIM and Part 2–5 warrants), ss 4F–4K (PIM and international production orders), ss 5–9H (agency record‑keeping and destruction), ss 10–20C (Integrity Oversight Victoria inspection powers), ss 21–23 (reporting and offences)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have retained its original purpose of providing state-level provisions to complement the federal telecommunications interception framework. There is no evidence from this extract that its scope has materially expanded or contracted from its original 1988 intent, though version history indicates amendments have been made over time."},"complexity_factors":["Operates as a 'mirror' or referential statute — meaning it cannot be fully understood without reading it alongside federal legislation, specifically the Commonwealth Telecommunications (Interception and Access) Act 1979","Sits at the intersection of state and federal constitutional powers (division of powers between Commonwealth and states), which adds legal complexity","Involves sensitive civil liberties territory (privacy rights vs. law enforcement needs), requiring careful interpretation","Technical telecommunications and surveillance law vocabulary throughout","Limited information provided in the extract makes full assessment difficult — the Act's actual operative provisions are not visible, which itself is a complexity signal for analysts","Version history suggests amendments over time, meaning the current operative text may differ significantly from the original 1988 version"],"plain_english_summary":"This Act lets Victorian state agencies (like Victoria Police) participate in the federal telecommunications interception regime, authorising them to seek warrants to lawfully intercept private communications. \n\nIt matters because it protects Victorians’ privacy by requiring judicial authorisation and sets limits on access and use of intercepted information, creating legal accountability for state interception activity."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-state-provisions-act-1988","history":"/api/acts/telecommunications-interception-state-provisions-act-1988/history","analysis":"/api/acts/telecommunications-interception-state-provisions-act-1988/analysis","conflicts":"/api/acts/telecommunications-interception-state-provisions-act-1988/conflicts","importantCases":"/api/acts/telecommunications-interception-state-provisions-act-1988/important-cases","documents":"/api/acts/telecommunications-interception-state-provisions-act-1988/documents"}}