Telecommunications (Interception and Access) Act 1979

Part 1‑1—Preliminary

1 Short title

This Act may be cited as the Telecommunications (Interception and Access) Act 1979.

2 Commencement

This Act shall come into operation on the day on which the Australian Security Intelligence Organisation Act 1979 comes into operation.

4 Act binds the Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

4A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4B Application to Norfolk Island

(1) This Act does not extend to Norfolk Island. (2) Subsection (1) ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed.

Note: Once subsection (1) ceases to be in force this Act will extend to Norfolk Island because of section 18 of the Norfolk Island Act 1979.

5 Interpretation

(1) In this Act, unless the contrary intention appears:

ACC means the Australian Crime Commission.

ACC Act means the Australian Crime Commission Act 2002.

access, in relation to a stored communication, has the meaning given by section 6AA. This definition does not apply to Schedule 1.

accessible, in relation to a communication, has the meaning given by section 5H.

access request has the meaning given by subsection 107P(1).

ACMA means the Australian Communications and Media Authority.

activities prejudicial to security has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979.

affidavit includes affirmation.

AFP employee has the same meaning as in the Australian Federal Police Act 1979.

AFP Minister has the meaning given by section 100.1 of the Criminal Code.

agency means:

(a) except in Chapter 2—an interception agency or another enforcement agency; or
(b) in Chapter 2—an interception agency.

ancillary offence means an offence constituted by:

(a) aiding, abetting, counselling or procuring the commission of an offence;
(b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of an offence;
(c) receiving or assisting a person who is, to the offender’s knowledge, guilty of an offence, in order to enable the person to escape punishment or to dispose of the proceeds of the last‑mentioned offence;
(d) attempting or conspiring to commit an offence; or
(e) inciting, urging, aiding or encouraging, or printing or publishing any writing that incites, urges, aids or encourages, the commission of an offence or the carrying on of any operations for or by the commission of an offence.

appropriately used, in relation to a computer network that is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State, has the meaning given by section 6AAA.

ASIC means the Australian Securities and Investments Commission.

ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

ASIO computer access intercept information means information obtained under:

(a) an ASIO computer access warrant; or
(b) subsection 25A(8) of the Australian Security Intelligence Organisation Act 1979; or
(c) subsection 27A(3C) of the Australian Security Intelligence Organisation Act 1979; or
(d) an authorisation under section 27E of the Australian Security Intelligence Organisation Act 1979; or
(e) subsection 27E(6) of the Australian Security Intelligence Organisation Act 1979;

by intercepting a communication passing over a telecommunications system.

ASIO computer access warrant means:

(a) a warrant issued under section 25A of the Australian Security Intelligence Organisation Act 1979; or
(b) a warrant issued under section 27A of the Australian Security Intelligence Organisation Act 1979 that authorises the Organisation to do any of the acts or things referred to in subsection 25A(4) or (8) of that Act; or
(c) an authorisation under section 27E of the Australian Security Intelligence Organisation Act 1979.

ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

associate, with a criminal organisation or a member of such an organisation, includes:

(a) be in the company of the organisation or member; and
(b) communicate with the organisation or member by any means (including by post, fax, telephone, or by email or other electronic means).

Attorney‑General’s Department means the Department administered by the Attorney‑General.

Australian Capital Territory includes the Jervis Bay Territory.

authorised officer:

(a) in sections 180A, 180B, 180C and 180D, subsections 184(5) and 185(2) and paragraph 186(1)(ca), means:
(i) the Commissioner of Police; or
(ii) a Deputy Commissioner of Police; or
(iii) a member of the Australian Federal Police who is covered by an authorisation in force under subsection 5AB(1A); and
(b) in any other case, means:
(i) the head (however described) of the enforcement agency or a person acting as that head; or
(ii) a deputy head (however described) of the enforcement agency or a person acting as that deputy head; or
(iii) a person who holds, or is acting in, an office or position in the enforcement agency that is covered by an authorisation in force under subsection 5AB(1).

authorised representative of a carrier means one of the following persons:

(a) the Managing Director of the carrier;
(b) the secretary of the carrier;
(c) an employee of the carrier authorised in writing for the purposes of this paragraph by the Managing Director or the secretary of the carrier.

authority, in relation to a State, includes:

(a) a Minister of that State;
(b) an officer of that State;
(c) an authority or body established for a public purpose by or under a law of that State; and
(d) without limiting the generality of paragraph (c), the Police Force of that State.

Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.

carriage service provider has the meaning given by the Telecommunications Act 1997.

carrier means:

(a) except in Parts 5‑4 and 5‑4A:
(i) a carrier (within the meaning of the Telecommunications Act 1997); or
(ii) a carriage service provider; and
(b) in Parts 5‑4 and 5‑4A—a carrier (within the meaning of the Telecommunications Act 1997).

carry includes transmit, switch and receive.

certifying officer, in relation to an agency, or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police—the Commissioner of Police, a Deputy Commissioner of Police or a person authorised to be a certifying officer of the Australian Federal Police under subsection 5AC(1); or
(aa) in the case of the National Anti‑Corruption Commission:
(i) the National Anti‑Corruption Commissioner; or
(ii) a National Anti‑Corruption Deputy Commissioner; or
(iii) a person authorised to be a certifying officer of the National Anti‑Corruption Commission under subsection 5AC(2); or
(b) in the case of the ACC:
(i) the Chief Executive Officer of the ACC or an examiner; or
(ii) a person authorised to be a certifying officer of the ACC under subsection 5AC(3); or
(c) in the case of the Police Force of a State—the Commissioner, a Deputy Commissioner, an officer whose rank is equivalent to that of Assistant Commissioner of the Australian Federal Police, or a person authorised to be a certifying officer of the Police Force of the State under subsection 5AC(4); or
(d) in the case of the Crime Commission (NSW):
(i) a member of the Crime Commission (NSW); or
(ii) a person authorised to be a certifying officer of the Crime Commission (NSW) under subsection 5AC(5); or
(e) in the case of the Independent Commission Against Corruption (NSW):
(i) the Chief Commissioner, a Commissioner or an Assistant Commissioner of the Independent Commission Against Corruption (NSW); or
(ii) a person authorised to be a certifying officer of the Independent Commission Against Corruption (NSW) under subsection 5AC(6); or
(ea) in the case of the IBAC (Vic.):
(i) the Commissioner of the IBAC (Vic.); or
(ii) the Deputy Commissioner of the IBAC (Vic.); or
(iii) a person authorised to be a certifying officer of the IBAC (Vic.) under subsection 5AC(7); or
(f) in the case of the Crime and Corruption Commission (Qld):
(i) the chairperson (as defined by the Crime and Corruption Act (Qld)); or
(ii) a senior executive officer (as defined by the Crime and Corruption Act (Qld)); or
(g) in the case of the Law Enforcement Conduct Commission (NSW):
(i) the Chief Commissioner of the Law Enforcement Conduct Commission (NSW); or
(ii) the Commissioner for Integrity of the Law Enforcement Conduct Commission (NSW); or
(iii) a person authorised to be a certifying officer of the Law Enforcement Conduct Commission (NSW) under subsection 5AC(8); or
(i) in the case of the Corruption and Crime Commission (WA):
(i) the Commissioner of the Corruption and Crime Commission (WA); or
(ii) a person authorised to be a certifying officer of the Corruption and Crime Commission (WA) under subsection 5AC(9); or
(ia) in the case of the Independent Commission Against Corruption (SA):
(i) the Commissioner of the Independent Commission Against Corruption (SA); or
(ii) the Deputy Commissioner of the Independent Commission Against Corruption (SA); or
(iii) a person authorised to be a certifying officer for the Independent Commission Against Corruption (SA) under subsection 5AC(9A); or
(j) in the case of any other agency:
(i) the chief executive officer or an acting chief executive officer of the agency; or
(ii) a person authorised to be a certifying officer of the agency under subsection 5AC(10).

certifying official, of an issuing agency, means:

(a) if the issuing agency is an enforcement agency (including an interception agency)—a certifying officer of the agency; and
(b) if the issuing agency is the Organisation—a certifying person of the Organisation.

certifying person means any of the following:

(a) the Director‑General of Security;
(b) a Deputy Director‑General of Security;
(c) a person authorised to be a certifying person of the Organisation under section 5AD.

chief officer, in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police—the Commissioner of Police; or
(aa) in the case of the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner; or
(b) in the case of the ACC—the Chief Executive Officer of the ACC; or
(ba) in the case of an eligible Commonwealth authority—the member constituting, or the member who generally presides at hearings and other meetings of, the Commonwealth Royal Commission concerned; or
(c) in the case of the Police Force of a State—the Commissioner of that Police Force; or
(d) in the case of the Crime Commission (NSW)—the Commissioner of the Crime Commission (NSW); or
(e) in the case of the Independent Commission Against Corruption (NSW)—the Chief Commissioner of the Independent Commission Against Corruption (NSW); or
(ea) in the case of the Inspector of the Independent Commission Against Corruption (NSW)—the Inspector of the Independent Commission Against Corruption (NSW); or
(eb) in the case of the IBAC (Vic.)—the Commissioner of the IBAC (Vic.); or
(ec) in the case of the Victorian Inspectorate—the Inspector of the Victorian Inspectorate; or
(f) in the case of the Crime and Corruption Commission (Qld)—the chairperson of the Crime and Corruption Commission (Qld); or
(h) in the case of the Law Enforcement Conduct Commission (NSW)—the Chief Commissioner of the Law Enforcement Conduct Commission (NSW); or
(ha) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW)—the Inspector of the Law Enforcement Conduct Commission (NSW); or
(k) in the case of the Corruption and Crime Commission (WA)—the Commissioner of the Corruption and Crime Commission (WA); or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—the Parliamentary Inspector of the Corruption and Crime Commission (WA); or
(la) in the case of the Independent Commission Against Corruption (SA)—the Commissioner of the Independent Commission Against Corruption (SA); or
(lb) in the case of the Inspector of the Independent Commission Against Corruption (SA)—the Inspector of the Independent Commission Against Corruption (SA); or
(m) in the case of an enforcement agency that is not an interception agency and is not an eligible authority of a State—the chief executive officer or an acting chief executive officer of the agency.

Commissioner means:

(a) in relation to the Police Force of a State—the Commissioner of Police (however designated) of that State; or
(b) in relation to the Crime and Corruption Commission (Qld)—a commissioner (within the meaning of the Crime and Corruption Act (Qld)).

Commissioner of Police means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting Commissioner of Police.

Commonwealth agency means:

(a) the Australian Federal Police; or
(aa) the National Anti‑Corruption Commission; or
(b) the ACC.

Commonwealth Royal Commission means a Royal Commission within the meaning of the Royal Commissions Act 1902.

communicate, in relation to information, includes divulge.

communication includes conversation and a message, and any part of a conversation or message, whether:

(a) in the form of:
(i) speech, music or other sounds;
(ii) data;
(iii) text;
(iv) visual images, whether or not animated; or
(v) signals; or
(b) in any other form or in any combination of forms.

Communications Access Coordinator has the meaning given by section 6R.

community safety detention order has the same meaning as in Division 395 of the Criminal Code.

community safety supervision order has the same meaning as in Division 395 of the Criminal Code.

conduct includes any act or omission.

confirmed control order has the same meaning as in Part 5.3 of the Criminal Code.

connected with: a purpose is connected with a preventative detention order law if the purpose is connected with the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, that law, so far as the function, duty or power relates to a preventative detention order (within the meaning of that law).

control order has the same meaning as in Part 5.3 of the Criminal Code.

Corruption and Crime Commission (WA) means the commission referred to in section 8 of the Corruption, Crime and Misconduct Act (WA).

Corruption, Crime and Misconduct Act (WA) means the Corruption, Crime and Misconduct Act 2003 (WA).

Crime and Corruption Act (Qld) means the Crime and Corruption Act 2001 (Qld).

Crime and Corruption Commission (Qld) means the commission referred to in section 7 of the Crime and Corruption Act (Qld).

Crime Commission Act (NSW) means the Crime Commission Act 2012 (NSW).

Crime Commission (NSW) means the commission referred to in section 7 of the Crime Commission Act (NSW).

crime within the jurisdiction of the ICC has the same meaning as in the International Criminal Court Act 2002.

criminal law‑enforcement agency has the meaning given by section 110A.

criminal organisation means an organisation (whether incorporated or not, and however structured) that is:

(a) a declared organisation within the meaning of:
(i) the Crimes (Criminal Organisations Control) Act 2009 of New South Wales; or
(ii) the Serious and Organised Crime (Control) Act 2008 of South Australia; or
(b) an organisation of a kind specified by or under, or described or mentioned in, a prescribed provision of a law of a State or Territory.

data disruption intercept information means information obtained under a data disruption warrant by intercepting a communication passing over a telecommunications system.

data disruption warrant has the same meaning as in the Surveillance Devices Act 2004.

Defence Minister has the same meaning as in the Intelligence Services Act 2001.

delivery point means a location in respect of which a nomination or determination is in force under section 188.

Deputy Commissioner of Police means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979.

Deputy Director‑General of Security means a person who holds, or is acting in, a position known as Deputy Director‑General of Security.

deputy PIM (short for deputy public interest monitor), in relation to Queensland, means a person appointed as a deputy public interest monitor under:

(a) the Crime and Corruption Act (Qld); or
(b) the Police Powers and Responsibilities Act 2000 of Queensland.

detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code.

Director‑General of Security means the person holding, or performing the duties of, the office of Director‑General of Security under the Australian Security Intelligence Organisation Act 1979.

domestic preservation notice has the meaning given by subsection 107H(1).

earth‑based facility means a facility other than a satellite‑based facility.

eligible authority, in relation to a State, means:

(a) in any case—the Police Force of that State; or
(b) in the case of New South Wales:
(i) the Crime Commission (NSW); or
(ii) the Independent Commission Against Corruption (NSW); or
(iii) the Inspector of the Independent Commission Against Corruption (NSW); or
(iv) the Law Enforcement Conduct Commission (NSW); or
(v) the Inspector of the Law Enforcement Conduct Commission (NSW); or
(ba) in the case of Victoria—the IBAC (Vic.) or the Victorian Inspectorate; or
(c) in the case of Queensland—the Crime and Corruption Commission (Qld); or
(d) in the case of Western Australia—the Corruption and Crime Commission (WA) or the Parliamentary Inspector of the Corruption and Crime Commission (WA); or
(e) in the case of South Australia—the Independent Commission Against Corruption (SA) or the Inspector of the Independent Commission Against Corruption (SA).

eligible Commonwealth authority means a Commonwealth Royal Commission in relation to which a declaration under section 5AA is in force.

emergency service facility has the meaning given by subsection 6(2A).

enforcement agency has the meaning given by section 176A.

engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code.

equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, and includes a telecommunications device but does not include a line. This definition does not apply to Schedule 1.

examiner has the same meaning as in the ACC Act.

extended supervision order has the meaning given by section 105A.2 of the Criminal Code.

facility has the same meaning as in the Telecommunications Act 1997.

Foreign Affairs Minister has the same meaning as in the Intelligence Services Act 2001.

foreign communication means a communication sent or received outside Australia.

foreign communications warrant means an interception warrant issued or to be issued under section 11C.

foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code.

foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.

foreign intelligence information means information obtained (whether before or after the commencement of this definition) under a warrant issued under section 11A, 11B or 11C.

foreign law enforcement agency means:

(a) a police force (however described) of a foreign country; or
(b) any other authority or person responsible for the enforcement of the laws of the foreign country; or
(c) any other authority or person responsible to the International Criminal Court for investigating or prosecuting a crime within the jurisdiction of the ICC; or
(d) any other authority or person responsible to a War Crimes Tribunal for investigating or prosecuting a War Crimes Tribunal offence.

foreign organisation means an organisation (including a government) outside Australia.

foreign power has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

foreign preservation notice has the meaning given by subsection 107N(1).

general computer access intercept information means information obtained under a general computer access warrant by intercepting a communication passing over a telecommunications system.

general computer access warrant means a warrant issued under section 27C of the Surveillance Devices Act 2004.

General Register means the General Register of Warrants kept under section 81A.

Governor, in relation to a State, means, in the case of the Northern Territory, the Administrator of the Northern Territory.

historic domestic preservation notice has the meaning given by subparagraph 107H(1)(b)(i).

IBAC Act (Vic.) means the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.).

IBAC (Vic.) means the Independent Broad‑based Anti‑corruption Commission established by the IBAC Act (Vic.).

IBAC (Vic.) officer means a person who is an IBAC Officer (within the meaning of the IBAC Act (Vic.)).

IGIS official has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901.

Immigration Minister means the Minister administering the Migration Act 1958.

immigration offence means an offence against section 236 of the Migration Act 1958.

implementation phase has the meaning given by subsection 187H(2).

Independent Commission Against Corruption Act (NSW) means the Independent Commission Against Corruption Act 1988 (NSW).

Independent Commission Against Corruption Act (SA) means the Independent Commission Against Corruption Act 2012 (SA).

Independent Commission Against Corruption (NSW) means the commission referred to in section 4 of the Independent Commission Against Corruption Act (NSW).

Independent Commission Against Corruption (SA) means the Independent Commission Against Corruption of South Australia.

infrastructure means any line or equipment used to facilitate communications across a telecommunications network.

inspecting officer means:

(a) the Ombudsman;
(b) a Deputy Commonwealth Ombudsman; or
(c) a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.

Inspector of the Independent Commission Against Corruption (NSW) means the inspector referred to in section 57A of the Independent Commission Against Corruption Act (NSW).

Inspector of the Independent Commission Against Corruption (SA) means the inspector referred to in clause 2 of Schedule 4 to the Independent Commission Against Corruption Act (SA).

Inspector of the Law Enforcement Conduct Commission (NSW) means the inspector referred to in section 120 of the Law Enforcement Conduct Commission Act (NSW).

Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.

Inspector of the Victorian Inspectorate has the same meaning as Inspector has in the Victorian Inspectorate Act.

integrity authority means:

(a) an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or
(b) an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part.

integrity operation means:

(a) a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or
(b) an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914.

intended recipient, of a communication, (except when used in Schedule 1) has the meaning given by section 5G.

interception agency means:

(a) except for the purposes of section 6R, Part 2‑6 or Chapter 5:
(i) a Commonwealth agency; or
(ii) an eligible authority of a State in relation to which a declaration under section 34 is in force; or
(b) for the purposes of Part 2‑6:
(i) a Commonwealth agency; or
(ii) an eligible authority of a State; or
(c) for the purposes of section 6R and Chapter 5:
(i) the Organisation; or
(ii) a Commonwealth agency; or
(iii) an eligible authority of a State in relation to which a declaration under section 34 is in force.

interception warrant means a warrant issued under Chapter 2.

interception warrant information has the meaning given by section 6EA.

interim control order has the same meaning as in Part 5.3 of the Criminal Code.

interim supervision order has the meaning given by section 105A.2 of the Criminal Code.

international assistance application means an application for a stored communications warrant made as a result of:

(a) an authorisation under section 15B of the Mutual Assistance in Criminal Matters Act 1987; or
(b) an authorisation under section 78A of the International Criminal Court Act 2002; or
(c) an authorisation under section 34A of the International War Crimes Tribunals Act 1995.

International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002.

international offence has the meaning given by subsection 162(3).

in the possession of, in relation to a document, record or copy, includes in the custody of or under the control of.

investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987.

issuing agency, in relation to a preservation notice, means the agency that gives the notice.

issuing authority (except when used in Schedule 1) means a person:

(a) in respect of whom an appointment is in force under section 6DB; and
(b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge.

journalist information warrant means a warrant issued under Division 4C of Part 4‑1.

Law Enforcement Conduct Commission Act (NSW) means the Law Enforcement Conduct Commission Act 2016 (NSW).

Law Enforcement Conduct Commission (NSW) means the commission referred to in section 17 of the Law Enforcement Conduct Commission Act (NSW).

lawfully accessed information means information obtained by accessing a stored communication otherwise than in contravention of subsection 108(1), but does not include:

(a) information obtained by accessing a stored communication under a section 31A authorisation; or
(b) information obtained in accordance with an international production order (within the meaning of Schedule 1).

lawfully intercepted information has the meaning given by section 6E.

law of the Commonwealth includes a law of the Australian Capital Territory.

line has the same meaning as in the Telecommunications Act 1997.

listening device has the same meaning as in Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979.

maintain includes adjust and repair.

main unexplained wealth provisions has the same meaning as in the Proceeds of Crime Act 2002.

Managing Director, in relation to a carrier, means the chief executive officer (however described) of the carrier.

member, of a criminal organisation, includes:

(a) in the case of an organisation that is a body corporate—a director and an officer of the body corporate; and
(b) in any case:
(i) an associate member or prospective member (however described) of the organisation; and
(ii) a person who identifies himself or herself, in some way, as belonging to the organisation; and
(iii) a person who is treated by the organisation or persons who belong to the organisation, in some way, as if he or she belongs to the organisation.

member of a police force means:

(a) a member of the Australian Federal Police; or
(b) an officer of the Police Force of a State or Territory.

member of the Australian Federal Police includes a special member of the Australian Federal Police.

member of the Crime Commission (NSW) means the commissioner referred to in section 8, or an assistant commissioner referred to in section 9, of the Crime Commission Act (NSW).

member of the staff of a Commonwealth Royal Commission means:

(a) a legal practitioner appointed to assist the Commission; or
(b) a person authorised to be a member of the staff of a Commonwealth Royal Commission for the purposes of this Act under section 5AE.

member of the staff of the ACC has the same meaning as in the ACC Act.

member of the staff of the Crime Commission (NSW) means a person who is covered by paragraph 74(1)(a) or (b) of the Crime Commission Act (NSW).

member of the staff of the Independent Commission Against Corruption (SA) means a person who is engaged as an employee of the Commission under subsection 12(1) of the Independent Commission Against Corruption Act (SA).

member of the staff of the Inspector of the Independent Commission Against Corruption (NSW) means:

(a) a member of the staff referred to in subsection 57E(1) or (2) of the Independent Commission Against Corruption Act (NSW); or
(b) a person engaged under subsection 57E(3) of that Act; or
(c) a person whose services are used under subsection 57E(4) of that Act.

member of the staff of the Inspector of the Independent Commission Against Corruption (SA) means a person covered by an arrangement referred to in clause 4 of Schedule 4 to the Independent Commission Against Corruption Act (SA).

member of the staff of the Inspector of the Law Enforcement Conduct Commission (NSW) means:

(a) a member of the staff referred to in subsection 128(1) of the Law Enforcement Conduct Commission Act (NSW); or
(b) a person engaged, or whose services are used, under subsection 128(4) of that Act.

member of the staff of the Law Enforcement Conduct Commission (NSW) means:

(a) a member of the staff referred to in subsection 21(1) of the Law Enforcement Conduct Commission Act (NSW); or
(b) a person engaged, or whose services are used, under subsection 21(2) or (3) of that Act.

Minister, in relation to a State, means:

(a) except where paragraph (b) applies—a Minister of the Crown of that State; or
(b) in the case of the Northern Territory—a person holding Ministerial office within the meaning of the Northern Territory (Self‑Government) Act 1978.

Minister for Defence means the Minister administering the Defence Act 1903.

Minister for Foreign Affairs means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

missing person information, in relation to a missing person, has the meaning given by section 182.

named person warrant means an interception warrant issued or to be issued under section 9A, 11B or 46A.

National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.

National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.

network activity warrant has the same meaning as in the Surveillance Devices Act 2004.

network activity warrant intercept information means information obtained under a network activity warrant by intercepting a communication passing over a telecommunications system.

network protection duties, in relation to a computer network, means duties relating to:

(a) the operation, protection or maintenance of the network; or
(b) if the network is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State—ensuring that the network is appropriately used by employees, office holders or contractors of the agency or authority.

nominated ART member (except when used in Schedule 1) means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 6DA to issue warrants under Part 2‑5.

nominated carriage service provider means a carriage service provider covered by a declaration in force under subsection 197(4).

non‑missing person information has the meaning given by section 182.

notifiable equipment, in relation to a carrier or nominated carriage service provider, means equipment that:

(a) provides all or part of the carrier or provider’s telecommunication services; or
(b) manages all or part of the provision of the carrier or provider’s telecommunication services; or
(c) manages some or all of the information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider.

oath includes affirmation.

offence means an offence against a law of the Commonwealth or of a State.

office holder means a person who holds, occupies or performs the duties of an office, position or appointment.

officer, in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police—a member of the Australian Federal Police; or
(aa) in the case of the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner or another staff member of the NACC; or
(b) in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or
(ba) in the case of an eligible Commonwealth authority—a member of the Commonwealth Royal Commission concerned or a member of the staff of the Royal Commission; or
(c) in the case of the Police Force of a State—an officer of that Police Force; or
(d) in the case of the Crime Commission (NSW)—a member of the Crime Commission (NSW) or a member of the staff of the Crime Commission (NSW); or
(e) in the case of the Independent Commission Against Corruption (NSW)—an officer of the Independent Commission Against Corruption (NSW); or
(ea) in the case of the Inspector of the Independent Commission Against Corruption (NSW):
(i) the Inspector of the Independent Commission Against Corruption (NSW); or
(ii) a member of the staff of the Inspector of the Independent Commission Against Corruption (NSW); or
(eb) in the case of the IBAC (Vic.)—an IBAC (Vic.) officer; or
(ec) in the case of the Victorian Inspectorate—a Victorian Inspectorate officer; or
(f) in the case of the Crime and Corruption Commission (Qld)—a commission officer (within the meaning of the Crime and Corruption Act (Qld)); or
(h) in the case of the Law Enforcement Conduct Commission (NSW):
(i) the Chief Commissioner of the Law Enforcement Conduct Commission (NSW); or
(ii) the Commissioner for Integrity of the Law Enforcement Conduct Commission (NSW); or
(iii) an Assistant Commissioner of the Law Enforcement Conduct Commission (NSW); or
(iv) a member of the staff of the Law Enforcement Conduct Commission (NSW); or
(ha) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW):
(i) the Inspector of the Law Enforcement Conduct Commission (NSW); or
(ii) an Assistant Inspector of the Law Enforcement Conduct Commission (NSW); or
(iii) a member of the staff of the Inspector of the Law Enforcement Conduct Commission (NSW); or
(k) in the case of the Corruption and Crime Commission (WA)—an officer of the Corruption and Crime Commission (WA); or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—the Parliamentary Inspector of the Corruption and Crime Commission (WA) or an officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA); or
(m) in the case of the Independent Commission Against Corruption (SA):
(i) the Commissioner of the Independent Commission Against Corruption (SA); or
(ii) the Deputy Commissioner of the Independent Commission Against Corruption (SA); or
(iii) a member of the staff of the Independent Commission Against Corruption (SA); or
(ma) in the case of the Inspector of the Independent Commission Against Corruption (SA):
(i) the Inspector of the Independent Commission Against Corruption (SA); or
(ii) the Deputy Inspector of the Independent Commission Against Corruption (SA); or
(iii) a member of the staff of the Inspector of the Independent Commission Against Corruption (SA); or
(n) in the case of a criminal law‑enforcement agency for which a declaration under subsection 110A(3) is in force—a person specified, or of a kind specified, in the declaration to be an officer of the criminal law‑enforcement agency for the purposes of this Act; or
(o) in the case of an enforcement agency for which a declaration under subsection 176A(3) is in force—a person specified, or of a kind specified, in the declaration to be an officer of the enforcement agency for the purposes of this Act.

officer of a State has the meaning given by subsection 6G(2).

officer of a Territory has the meaning given by subsection 6G(3).

officer of the Commonwealth has the meaning given by subsection 6G(1).

officer of the Corruption and Crime Commission (WA) means an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act (WA)).

officer of the Independent Commission Against Corruption (NSW) means an officer (within the meaning of the Independent Commission Against Corruption Act (NSW)) of that Commission.

officer of the Law Enforcement Conduct Commission (NSW) means an officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act (NSW)).

officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA) means an officer of the Parliamentary Inspector (within the meaning of the Corruption, Crime and Misconduct Act (WA)).

Ombudsman means the Commonwealth Ombudsman.

Ombudsman official means:

(a) the Ombudsman; or
(b) a Deputy Commonwealth Ombudsman; or
(c) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.

ongoing domestic preservation notice has the meaning given by subparagraph 107H(1)(b)(ii).

Organisation means the Australian Security Intelligence Organisation.

organised crime control law means a law of a State, a purpose of which is to combat organised crime or restrict the activities of criminal organisations, that provides for:

(a) the declaration of an organisation as a declared organisation; or
(b) the making of orders described as control orders or interim control orders in relation to members of criminal organisations.

original warrant means a warrant other than a renewal of a warrant.

Parliamentary Inspector of the Corruption and Crime Commission (WA) means the inspector referred to in section 188 of the Corruption, Crime and Misconduct Act (WA).

Part 2‑2 warrant means a warrant issued under Part 2‑2.

Part 2‑5 warrant means a warrant issued under Part 2‑5.

Part 4‑1 issuing authority means a person:

(a) in respect of whom an appointment is in force under section 6DC; and
(b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge.

Part 5.3 object means:

(a) in relation to a control order—any of the following:
(i) the protection of the public from a terrorist act;
(ii) the prevention of the provision of support for, or the facilitation of, a terrorist act;
(iii) the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
(b) in relation to an extended supervision order or interim supervision order—the protection of the community from the unacceptable risk of a terrorist offender committing a serious Part 5.3 or 5.3A offence.

Part 5.3 supervisory order means:

(a) a control order; or
(b) an extended supervision order or interim supervision order.

Part 5.3 warrant means a warrant issued:

(a) under subsection 46(4) or (7) or 46A(2A) or (2C); or
(b) under section 48 in the circumstances mentioned in subsection 46(4) or (7).

Part 5.3 warrant agency means:

(a) a Commonwealth agency; or
(b) an eligible authority of a State that a declaration in force under section 34 authorises to apply for Part 5.3 warrants (see section 38A).

Part 9.10 object means the protection of the community from serious harm by addressing the unacceptable risk of a serious offender committing serious violent or sexual offences.

Part 9.10 order means a community safety detention order or a community safety supervision order.

Part 9.10 warrant means a warrant issued:

(a) under subsection 46(9) or (12) or 46A(2E) or (2G); or
(b) under section 48 in the circumstances mentioned in subsection 46(9) or (12).

Part 9.10 warrant agency means:

(a) a Commonwealth agency; or
(b) an eligible authority of a State that a declaration in force under section 34 authorises to apply for Part 9.10 warrants.

participating State has the same meaning as in the Proceeds of Crime Act 2002.

passing over includes being carried.

Note: See section 5F for when a communication is passing over a telecommunications system.

permitted purpose, in relation to an interception agency, the Immigration and Border Protection Department, an eligible Commonwealth authority, an eligible authority of a State, ASIC or the Inspector of the National Anti‑Corruption Commission, means a purpose connected with:

(a) in any case (except in the case of the Immigration and Border Protection Department or ASIC):
(i) an investigation by the agency or eligible authority of a prescribed offence;
(ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the agency or eligible authority;
(iii) a relevant proceeding in relation to the agency or eligible authority;
(iv) the exercise by the chief officer of the agency or eligible authority of the powers conferred by section 68; or
(v) the keeping of records by the agency under Part 2‑7, or by the eligible authority under provisions of a law of the State that impose on the chief officer of the authority requirements corresponding to those imposed on the chief officer of a Commonwealth agency by sections 80 and 81; or
(aaa) in the case of a Commonwealth agency or the Immigration and Border Protection Department—a purpose mentioned in the table in section 6S in relation to the agency or the Immigration and Border Protection Department; or
(aa) in the case of the ACC:
(ia) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
(i) a special ACC operation/investigation; or
(ii) a report to the Board of the ACC on the outcome of such an operation or investigation; or
(iii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of a member of the staff referred to in subsection 47(1) of the Australian Crime Commission Act 2002; or
(iv) a report on such an investigation or inquiry; or
(v) the making by a person of a decision, following such an investigation or inquiry, in relation to the employment of such a staff member (including a decision to terminate the staff member’s employment); or
(vi) a review (whether by way of appeal or otherwise) of such a decision; or
(b) in the case of the Australian Federal Police:
(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, being an investigation or inquiry under a law of the Commonwealth or by a person in the person’s capacity as an officer of the Commonwealth; or
(ii) a report on such an investigation or inquiry; or
(iia) the making by a person of a decision under the Australian Federal Police Act 1979 in relation to the engagement of an AFP employee, the retirement of an AFP employee or the termination of the employment of an AFP employee or in relation to the appointment or the termination of the appointment of a special member of the Australian Federal Police; or
(iib) a review (whether by way of appeal or otherwise) of such a decision; or
(iii) the tendering to the Governor‑General of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or
(iv) deliberations of the Executive Council in connection with advice to the Governor‑General to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or
(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104 (control orders) or Division 105A (post‑sentence orders) of the Criminal Code; or
(vi) a preventative detention order law; or
(vii) a post‑sentence detention law or a post‑sentence supervision law; or
(viii) the making of a decision whether to apply for a post‑sentence order, or for a variation or review of a post‑sentence order, under Division 105A of the Criminal Code in relation to a person; or
(ix) the making of a decision whether to apply for an order, or make any other application in relation to an order, under a post‑sentence detention law or a post‑sentence supervision law in relation to a person; or
(x) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 395 of the Criminal Code (community safety orders); or
(xi) the making of a decision whether to apply for a Part 9.10 order, or for a variation or review of a Part 9.10 order, under Division 395 of the Criminal Code in relation to a person; or
(baa) in the case of the National Anti‑Corruption Commission:
(i) a corruption investigation or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or
(ii) a report on such an investigation; or
(bab) in the case of the Inspector of the National Anti‑Corruption Commission:
(i) a NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or
(ii) a report on such an investigation; or
(ba) in the case of an eligible Commonwealth authority:
(i) an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or
(ii) a report on such an investigation; or
(c) in the case of the Police Force of a State:
(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of that State, being an investigation or inquiry under a law of that State or by a person in the person’s capacity as an officer of that State; or
(ii) a report on such an investigation or inquiry; or
(iia) 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 that Police Force; or
(iib) a review (whether by way of appeal or otherwise) of such a decision; or
(iii) the tendering to the Governor of that State of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or
(iv) deliberations of the Executive Council of that State in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or
(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, an organised crime control law of that State; or
(vi) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104 (control orders) or Division 105A (post‑sentence orders) of the Criminal Code; or
(vii) a preventative detention order law; or
(viii) a post‑sentence detention law or a post‑sentence supervision law; or
(ix) the making of a decision whether to apply for a post‑sentence order, or for a variation or review of a post‑sentence order, under Division 105A of the Criminal Code in relation to a person; or
(x) the making of a decision whether to apply for an order, or make any other application in relation to an order, under a post‑sentence detention law or a post‑sentence supervision law in relation to a person; or
(d) in the case of an eligible authority of a State:
(i) an inspection of the authority’s records that is made under a requirement of the law of that State, being a requirement of the kind referred to in paragraph 35(1)(h); or
(ii) a report on such an inspection; or
(da) in the case of the Independent Commission Against Corruption (NSW):
(i) an investigation under the Independent Commission Against Corruption Act (NSW) into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or
(ii) a report on such an investigation; or
(db) in the case of the Inspector of the Independent Commission Against Corruption (NSW):
(ia) auditing the operations of the Independent Commission Against Corruption (NSW) for the purpose of monitoring compliance with the law of New South Wales; or
(i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act (NSW)) on the part of the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW); or
(ii) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act (NSW)) by the Independent Commission Against Corruption (NSW) or an officer of the Independent Commission Against Corruption (NSW); or
(iii) assessing the effectiveness and appropriateness of the procedures of the Independent Commission Against Corruption (NSW) relating to the legality or propriety of that Commission’s activities; or
(dc) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW):
(ia) auditing the operations of the Law Enforcement Conduct Commission (NSW) for the purpose of monitoring compliance with the law of New South Wales; or
(i) dealing with (by reports and recommendations) conduct amounting to agency maladministration (within the meaning of subsection 122(3) of the Law Enforcement Conduct Commission Act (NSW)) on the part of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint; or
(ii) dealing with (by reports and recommendations) conduct amounting to officer misconduct (within the meaning of subsection 122(3) of the Law Enforcement Conduct Commission Act (NSW)) or officer maladministration (within the meaning of that subsection) on the part of an officer of the Law Enforcement Conduct Commission (NSW), whether or not the subject of a complaint; or
(iii) assessing the effectiveness and appropriateness of the policies and procedures of the Law Enforcement Conduct Commission (NSW) relating to the legality or propriety of that Commission’s activities; or
(e) in the case of the Law Enforcement Conduct Commission (NSW):
(i) an investigation under Part 6 of the Law Enforcement Conduct Commission Act (NSW) in respect of conduct to which subsection (7) of this section applies; or
(ii) a report on an investigation covered by subparagraph (i); or
(iii) the tendering to the Governor of New South Wales of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Force; or
(iv) deliberations of the Executive Council of New South Wales in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Force; or
(f) in the case of the IBAC (Vic.):
(i) an investigation under the IBAC Act (Vic.) of corrupt conduct (within the meaning of that Act); or
(ii) an investigation under the IBAC Act (Vic.) of police personnel conduct (within the meaning of that Act); or
(iii) a report or recommendation on an investigation covered by subparagraph (i) or (ii); or
(fa) in the case of the Victorian Inspectorate:
(i) monitoring the compliance of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) with the IBAC Act (Vic.) and other laws; or
(ii) overseeing the performance by the IBAC (Vic.) of its functions under the Public Interest Disclosures Act 2012 (Vic.); or
(iii) assessing the effectiveness and appropriateness of the policies and procedures of the IBAC (Vic.) which relate to the legality and propriety of IBAC (Vic.)’s activities; or
(iv) receiving complaints in accordance with the Victorian Inspectorate Act about the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of that Act); or
(v) investigating and assessing the conduct of the IBAC (Vic.) and IBAC personnel (within the meaning of the Victorian Inspectorate Act) in the performance or exercise or purported performance or purported exercise of their duties, functions and powers; or
(vi) reporting or making recommendations on an investigation covered by subparagraph (v) of this paragraph; or
(vii) monitoring the interaction between the IBAC (Vic.) and other integrity bodies to ensure compliance with relevant laws; or
(g) in the case of the Corruption and Crime Commission (WA):
(i) an investigation under the Corruption, Crime and Misconduct Act (WA) into whether misconduct (within the meaning of that Act) has or may have occurred, is or may be occurring, is or may be about to occur, or is likely to occur; or
(ii) a report on such an investigation; or
(ga) in the case of the Crime and Corruption Commission (Qld):
(i) an investigation under the Crime and Corruption Act (Qld) into whether corruption (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or
(ii) a report on such an investigation; or
(h) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA):
(i) auditing the operation of the Corruption, Crime and Misconduct Act (WA); or
(ii) auditing the operations of the Corruption and Crime Commission (WA) for the purpose of monitoring compliance with the laws of Western Australia; or
(iii) dealing with matters of misconduct (within the meaning of the Corruption, Crime and Misconduct Act (WA)) on the part of the Corruption and Crime Commission (WA), an officer of the Corruption and Crime Commission (WA) or an officer of the Parliamentary Inspector of the Corruption and Crime Commission (WA); or
(iv) auditing any operation carried out pursuant to the powers conferred or made available by the Corruption, Crime and Misconduct Act (WA); or
(v) assessing the effectiveness and appropriateness of the Corruption and Crime Commission (WA)’s procedures; or
(vi) making recommendations to the Corruption and Crime Commission (WA), independent agencies (within the meaning of the Corruption, Crime and Misconduct Act (WA)) and appropriate authorities (within the meaning of that Act); or
(vii) reporting and making recommendations to either House of Parliament of Western Australia and the Standing Committee (within the meaning of the Corruption, Crime and Misconduct Act (WA)); or
(viii) performing any other function given to the Parliamentary Inspector of the Corruption and Crime Commission (WA) under the Corruption, Crime and Misconduct Act (WA) or another law of Western Australia; or
(i) in the case of the Independent Commission Against Corruption (SA):
(i) an investigation under the Independent Commission Against Corruption Act (SA) into corruption in public administration (within the meaning of that Act); or
(ii) a report on such an investigation; or
(ia) in the case of the Inspector of the Independent Commission Against Corruption (SA):
(i) conducting annual reviews examining the operations of the Office for Public Integrity (SA) established by section 17 of the Independent Commission Against Corruption Act (SA), and the Independent Commission Against Corruption (SA), during each financial year; or
(ii) conducting reviews relating to relevant complaints (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)) received by the Inspector of the Independent Commission Against Corruption (SA); or
(iii) conducting other reviews on the Inspector of the Independent Commission Against Corruption (SA)’s own motion or at the request of the Attorney‑General of South Australia or the Committee (within the meaning of Schedule 4 to the Independent Commission Against Corruption Act (SA)); or
(iv) performing any other functions conferred on the Inspector of the Independent Commission Against Corruption (SA) by other laws of South Australia; or
(j) in the case of ASIC:
(i) an investigation by ASIC of a serious offence or of the likely commission of a serious offence; or
(ii) a report on such an investigation; or
(iii) the making of a decision whether or not to begin a prosecution for a serious offence if the prosecution arises from or relates to such an investigation; or
(iv) a prosecution for a serious offence if the prosecution arises from or relates to such an investigation.

person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.

PIM (short for public interest monitor) means:

(a) in relation to Victoria—a person appointed as a Public Interest Monitor under the Public Interest Monitor Act 2011 of Victoria; or
(b) in relation to Queensland—a person appointed as the public interest monitor under:
(i) the Crime and Corruption Act (Qld); or
(ii) the Police Powers and Responsibilities Act 2000 of Queensland.

police disciplinary proceeding means a disciplinary proceeding, before a tribunal or body that is responsible for disciplining members of the Australian Federal Police or officers of a Police Force of a State, against a member of the Australian Federal Police, or an officer of that Police Force, as the case may be, not being a proceeding by way of a prosecution for an offence.

post‑sentence detention law means any of the following laws:

(a) Part 3 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
(b) Parts 5 and 6 of the Serious Offenders Act 2018 (Vic.);
(c) Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
(d) any other law, or part of a law, of a State or Territory prescribed by the regulations.

post‑sentence order means:

(a) a continuing detention order or interim detention order made under Division 105A of the Criminal Code; or
(b) an extended supervision order or interim supervision order.

post‑sentence supervision law means any of the following laws:

(a) Part 2 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
(b) Parts 3 and 4 of the Serious Offenders Act 2018 (Vic.);
(c) Part 2 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
(d) any other law, or part of a law, of a State or Territory prescribed by the regulations.

Premier, in relation to a State, means, in the case of the Northern Territory, the Chief Minister of the Northern Territory.

premises includes:

(a) any land;
(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and
(c) any part of such a structure, building, aircraft, vehicle, vessel or place.

prescribed investigation, in relation to a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State:

(aa) in the case of the National Anti‑Corruption Commission—means a corruption investigation or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or
(a) in the case of the ACC—means a special ACC operation/investigation; or
(b) in the case of the Crime Commission (NSW)—means an investigation that the Crime Commission (NSW) is conducting in the performance of its functions under the Crime Commission Act (NSW); or
(ba) in the case of an eligible Commonwealth authority—an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or
(c) in the case of the Independent Commission Against Corruption (NSW)—means an investigation that the Independent Commission Against Corruption (NSW) is conducting in the performance of its functions under the Independent Commission Against Corruption Act (NSW); or
(ca) in the case of the Inspector of the Independent Commission Against Corruption (NSW)—means an investigation that the Inspector is conducting in the performance of the Inspector’s functions under the Independent Commission Against Corruption Act (NSW); or
(cb) in the case of the IBAC (Vic.)—means an investigation that the IBAC (Vic.) is conducting in the performance of its functions under the IBAC Act (Vic.); or
(cc) in the case of the Victorian Inspectorate—means an investigation that the Victorian Inspectorate is conducting in the performance of its functions under the Victorian Inspectorate Act; or
(d) in the case of the Crime and Corruption Commission (Qld)—means an investigation that the Commission is conducting in the performance of its functions under the Crime and Corruption Act (Qld); or
(f) in the case of the Law Enforcement Conduct Commission (NSW)—means an investigation that the Commission is conducting in the performance of its functions under the Law Enforcement Conduct Commission Act (NSW); or
(fa) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW)—means an investigation that the Inspector is conducting in the performance of the Inspector’s functions under the Law Enforcement Conduct Commission Act (NSW); or
(i) in the case of the Corruption and Crime Commission (WA)—means an investigation that the Commission is conducting in the performance of its functions under the Corruption, Crime and Misconduct Act (WA); or
(j) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—means an investigation that the Parliamentary Inspector of the Corruption and Crime Commission (WA) is conducting in the performance of the Parliamentary Inspector’s functions under the Corruption, Crime and Misconduct Act (WA); or
(k) in the case of the Independent Commission Against Corruption (SA)—means an investigation that the Independent Commission Against Corruption (SA) is conducting in the performance of its functions under the Independent Commission Against Corruption Act (SA); or
(l) in the case of the Inspector of the Independent Commission Against Corruption (SA)—means an investigation that the Inspector of the Independent Commission Against Corruption (SA) is conducting in the performance of the Inspector’s functions under the Independent Commission Against Corruption Act (SA).

prescribed offence means:

(a) a serious offence, or an offence that was a serious offence when the offence was committed;
(b) an offence against subsection 7(1) or section 63; or
(ba) an offence against subsection 108(1) or section 133; or
(c) an offence against a provision of Part 10.6 of the Criminal Code; or
(d) any other offence punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or
(e) an ancillary offence relating to an offence of a kind referred to in paragraph (a), (b), (c) or (d) of this definition.

prescribed substance means:

(a) a substance that is a narcotic drug or psychotropic substance for the purposes of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; or
(b) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code; or
(c) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code; or
(d) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code.

preservation notice means a domestic preservation notice or a foreign preservation notice.

preservation notice information has the meaning given by section 6EAA.

preserve, in relation to a stored communication, means maintain the integrity of:

(a) the stored communication; or
(b) a copy of the stored communication.

preventative detention order law means:

(a) Division 105 of the Criminal Code; or
(b) Part 2A of the Terrorism (Police Powers) Act 2002 (NSW); or
(c) Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.); or
(d) the Terrorism (Preventative Detention) Act 2005 (Qld); or
(e) the Terrorism (Preventative Detention) Act 2006 (WA); or
(f) the Terrorism (Preventative Detention) Act 2005 (SA); or
(g) the Terrorism (Preventative Detention) Act 2005 (Tas.); or
(h) Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or
(i) Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).

Note: For when a purpose is connected with a preventative detention order law, see the definition of connected with.

proceeding means:

(a) a proceeding or proposed proceeding in a federal court or in a court of a State or Territory;
(b) a proceeding or proposed proceeding, or a hearing or proposed hearing, before a tribunal in Australia, or before any other body, authority or person in Australia having power to hear or examine evidence; or
(c) an examination or proposed examination by or before such a tribunal, body, authority or person.

Public Interest Advocate means a person declared under section 180X to be a Public Interest Advocate.

publicly‑listed ASIO number has the meaning given by subsection 6(3).

record (except when used in Schedule 1) means:

(a) in relation to information—a record or copy, whether in writing or otherwise, of the whole or a part of the information; or
(b) in relation to an interception, whether or not in contravention of subsection 7(1), of a communication:
(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
(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.

related account, service or device, in relation to a service to which Part 5‑1A applies, means:

(a) an account; or
(b) a telecommunications device; or
(c) another service of a kind referred to in paragraph 187A(3)(a);

that is related to the service.

relates:

(a) a stored communication relates to a person only if it is:
(i) a stored communication that the person has made; or
(ii) a stored communication that another person has made and for which the person is the intended recipient; and
(b) a stored communication relates to a telecommunications service only if it has passed over a telecommunications system by way of the telecommunications service.

relevant offence, in relation to a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police—a prescribed offence that is an offence against a law of the Commonwealth; or
(aa) in the case of the National Anti‑Corruption Commission—a prescribed investigation concerning conduct that involves a prescribed offence or possible conduct that would involve a prescribed offence; or
(b) in the case of the ACC—a prescribed offence to which a prescribed investigation relates; or
(ba) in the case of an eligible Commonwealth authority—a prescribed offence to which a prescribed investigation relates; or
(c) in the case of the Police Force of a State—a prescribed offence that is an offence against a law of that State; or
(d) in the case of the Crime Commission (NSW)—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(e) in the case of the Independent Commission Against Corruption (NSW)—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(ea) in the case of the Inspector of the Independent Commission Against Corruption (NSW)—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(eb) in the case of the IBAC (Vic.)—a prescribed offence that is an offence against a law of Victoria and to which a prescribed investigation relates; or
(ec) in the case of the Victorian Inspectorate—a prescribed offence that is an offence against the law of Victoria and to which a prescribed investigation relates; or
(f) in the case of the Crime and Corruption Commission (Qld)—a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates; or
(h) in the case of the Law Enforcement Conduct Commission (NSW)—a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates; or
(ha) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW)—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(k) in the case of the Corruption and Crime Commission (WA)—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or
(m) in the case of the Independent Commission Against Corruption (SA)—a prescribed offence that is an offence against the law of South Australia and to which a prescribed investigation relates; or
(n) in the case of the Inspector of the Independent Commission Against Corruption (SA)—a prescribed offence that is an offence against the law of South Australia and to which a prescribed investigation relates.

relevant period, for a domestic preservation notice, means:

(a) for an historic domestic preservation notice—the period referred to in subparagraph 107H(1)(b)(i); and
(b) for an ongoing domestic preservation notice—the period referred to in subparagraph 107H(1)(b)(ii).

relevant staff member of an enforcement agency means:

(a) the head (however described) of the enforcement agency; or
(b) a deputy head (however described) of the enforcement agency; or
(c) any employee, member of staff or officer of the enforcement agency.

relevant statistics, in relation to applications of a particular kind, (except when used in Schedule 1) means all of the following:

(a) how many applications of that kind were made;
(b) how many applications of that kind were withdrawn or refused; and
(c) how many warrants were issued on applications of that kind.

renewal, in relation to a warrant issued to an agency in respect of a telecommunications service or person, means a warrant:

(a) that is issued to the agency in respect of that service or person; and
(b) the application for which was made while:
(i) the first‑mentioned warrant; or
(ii) a warrant that is, by virtue of any other application or applications of this definition, a renewal of the first‑mentioned warrant;
was still in force.

renewal application means an application by an agency for a warrant in respect of a telecommunications service or person, being an application made while a warrant issued to the agency in respect of that service or person is still in force.

responsible person for a computer network means:

(a) if an individual operates the network, or the network is operated on behalf of an individual—that individual; or
(b) if a body (whether or not a body corporate) operates the network, or the network is operated on behalf of a body (whether or not a body corporate):
(i) the head (however described) of the body, or a person acting as that head; or
(ii) if one or more positions are nominated by that head, or the person acting as that head, for the purposes of this subparagraph—each person who holds, or is acting in, such a position.

restricted record means a record other than a copy, that was obtained by means of an interception, whether or not in contravention of subsection 7(1), of a communication passing over a telecommunications system, but does not include a record of general computer access intercept information, a record of data disruption intercept information or a record of network activity warrant intercept information.

retained data means information, or documents, that a service provider is or has been required to keep under Part 5‑1A.

satellite‑based facility means a facility in a satellite.

secretary has the same meaning as in the Corporations Act 2001.

security has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979.

security authority means an authority of the Commonwealth that has functions primarily relating to:

(a) security; or
(b) collection of foreign intelligence; or
(c) the defence of Australia; or
(d) the conduct of the Commonwealth’s international affairs.

senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979.

serious contravention has the meaning given by section 5E.

serious foreign contravention means:

(a) a contravention of a law of a foreign country that is punishable by a maximum penalty of:
(i) imprisonment for 3 years or more, imprisonment for life or the death penalty; or
(ii) a fine of an amount that is at least equivalent to 900 penalty units; or
(b) a crime within the jurisdiction of the ICC; or
(c) a War Crimes Tribunal offence.

serious offence has the meaning given by section 5D.

serious offender has the same meaning as in Division 395 of the Criminal Code.

serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.

serious violent or sexual offence has the same meaning as in Division 395 of the Criminal Code.

service provider has the meaning given by subsection 187A(1).

source (except in item 2 of the table in subsection 187AA(1)) means a person who provides information:

(a) to another person who is working in a professional capacity as a journalist; and
(b) in the normal course of the other person’s work in such a capacity; and
(c) in the expectation that the information may be disseminated in the form of:
(i) news, current affairs or a documentary; or
(ii) commentary or opinion on, or analysis of, news, current affairs or a documentary.

special ACC investigation has the same meaning as in the ACC Act.

special ACC operation/investigation has the same meaning as in the ACC Act.

Special Register means the Special Register of Warrants kept under section 81C.

staff member, in relation to the Australian Federal Police, means an AFP employee who is not a member of the Australian Federal Police.

staff member of ASIC has the same meaning as staff member in the Australian Securities and Investments Commission Act 2001.

staff member of the NACC has the same meaning as in the National Anti‑Corruption Commission Act 2022.

State includes the Northern Territory.

stored communication (except when used in Schedule 1) means a communication that:

(a) is not passing over a telecommunications system; and
(b) is held on equipment that is operated by, and is in the possession of, a carrier; and
(c) cannot be accessed on that equipment, by a person who is not a party to the communication, without the assistance of an employee of the carrier.

stored communications warrant means a warrant issued under Chapter 3.

stored communications warrant information has the meaning given by section 6EB.

subscriber means a person who rents or uses a telecommunications service.

succeeding community safety supervision order has the meaning given by section 6UB.

succeeding Part 5.3 supervisory order has the meaning given by section 6U.

superior Court Judge means:

(a) a Judge of the Federal Court of Australia; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 1).

telecommunications device means a terminal device that is capable of being used for transmitting or receiving a communication over a telecommunications system.

telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication. This definition does not apply to Schedule 1.

telecommunications number means the address used by a carrier for the purposes of directing a communication to its intended destination and identifying the origin of the communication, and includes:

(a) a telephone number; and
(b) a mobile telephone number; and
(c) a unique identifier for a telecommunications device (for example, an electronic serial number or a Media Access Control address); and
(d) a user account identifier; and
(e) an internet protocol address; and
(f) an email address.

telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both, being a service the use of which enables communications to be carried over a telecommunications system operated by a carrier but not being a service for carrying communications solely by means of radiocommunication.

telecommunications service warrant means an interception warrant issued or to be issued under section 9, 11A, 46 or 48.

telecommunications system means:

(a) a telecommunications network that is within Australia; or
(b) a telecommunications network that is partly within Australia, but only to the extent that the network is within Australia;

and includes equipment, a line or other facility that is connected to such a network and is within Australia.

telephone application (except when used in Schedule 1) means an application made by telephone for a Part 2‑5 warrant or a stored communications warrant.

Territory does not include the Northern Territory.

terrorist act has the same meaning as in the Crimes Act 1914.

terrorist offender has the meaning given by section 105A.2 of the Criminal Code.

unexplained wealth legislation has the same meaning as in the Proceeds of Crime Act 2002.

Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act.

Victorian Inspectorate Act means the Victorian Inspectorate Act 2011 of Victoria.

Victorian Inspectorate officer means a person who is a Victorian Inspectorate Officer (within the meaning of the Victorian Inspectorate Act).

War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.

War Crimes Tribunal offence has the same meaning as Tribunal offence in the International War Crimes Tribunals Act 1995.

warrant means:

(a) except in Chapter 2—an interception warrant or a stored communications warrant; or
(b) in Chapter 2 (except in Part 2‑5)—an interception warrant (whether issued before or after the commencement of this definition), a general computer access warrant, a data disruption warrant, a network activity warrant or an ASIO computer access warrant; or
(c) in Part 2‑5—a Part 2‑5 warrant.

working day means any day except:

(a) a Saturday or a Sunday; or
(b) a day that is a public holiday in any State or Territory.

(2) Where a telecommunications service is provided by a carrier for the use of an employee or employees of the carrier (not being a telecommunications service to which that person is the subscriber or those persons are subscribers), the carrier shall, for the purposes of this Act, be deemed to be the subscriber to that telecommunications service. (3) For the purposes of this Act, the question whether equipment, or a line or other facility, is connected to a telecommunications network is to be determined in the same manner as that question is determined for the purposes of the Telecommunications Act 1997. (3A) Despite subsection 19(1) of the Acts Interpretation Act 1901, a reference in this Act to the Attorney‑General is a reference only to the Minister with that title.

Note: A reference in this Act to the Attorney‑General may include a reference to a person acting as the Attorney‑General: see subsection 19(4) of the Acts Interpretation Act 1901.

(4) However, a reference in this Act to the Attorney‑General shall, at a time when the Attorney‑General is absent from Australia or when, by reason of illness of the Attorney‑General or for any other reason, the Director‑General of Security cannot readily communicate with the Attorney‑General, be read as including a reference to a Minister who has been authorized in writing by the Attorney‑General to perform the functions of the Attorney‑General under this Act at such a time. (4A) A reference in this Act to an employee of a carrier includes a reference to a person who is engaged by the carrier or whose services are made available to the carrier. (4B) A reference in this Act to an employee of a security authority includes a reference to a person who is engaged by the security authority or whose services are made available to the security authority. (5) For the purposes of the definition of telecommunications system in subsection (1), a telecommunications network shall be taken to be within Australia to the extent that the network is used for the purpose of carrying communications: (a) over an earth‑based facility within Australia, or between earth‑based facilities within Australia; (b) from an earth‑based facility within Australia to a satellite‑based facility, but only to the extent that the next earth‑based facility to which the communications will be carried is an earth‑based facility within Australia; (c) from a satellite‑based facility to an earth‑based facility within Australia, but only to the extent that the last earth‑based facility from which the communications were carried was an earth‑based facility within Australia; and (d) over a satellite‑based facility, or between satellite‑based facilities, but only to the extent that: (i) the last earth‑based facility from which the communications were carried was an earth‑based facility within Australia; and (ii) the next earth‑based facility to which the communications will be carried is an earth‑based facility within Australia; whether or not the communications originated in Australia, and whether or not the final destination of the communications is within Australia. (6) For the purposes of the definition of foreign intelligence in subsection (1), Australia includes the external Territories. Permitted purposes—Law Enforcement Conduct Commission (NSW) (7) For the purposes of subparagraph (e)(i) of the definition of permitted purpose in subsection (1), this subsection applies to conduct that: (a) both: (i) involves a police officer, administrative employee or Crime Commission (NSW) officer; and (ii) the Law Enforcement Conduct Commission (NSW) has decided is (or could be) serious misconduct or officer maladministration that is serious maladministration and should be investigated; or (b) both: (i) involves the Commissioner of Police or a Deputy Commissioner of Police; and (ii) is (or could be) police misconduct or officer maladministration; or (c) both: (i) involves the Crime Commissioner or an Assistant Commissioner of the Crime Commission (NSW); and (ii) is (or could be) Crime Commission (NSW) officer misconduct or officer maladministration; or (d) both Houses of the Parliament of New South Wales refer to the Commission for investigation under section 196 of the Law Enforcement Conduct Commission Act (NSW). (8) An expression used in subsection (7) of this section and in the Law Enforcement Conduct Commission Act (NSW) has the same meaning in that subsection as in that Act.

5AA Eligible Commonwealth authority declarations

The Minister may, by notice published in the Gazette, declare a Commonwealth Royal Commission to be an eligible Commonwealth authority for the purposes of this Act if the Minister is satisfied that the Royal Commission is likely to inquire into matters that may involve the commission of a prescribed offence.

5AB Authorised officers

Authorised officers of an enforcement agency (1) The head (however described) of an enforcement agency may, by writing, authorise a management office or management position in the enforcement agency for the purposes of subparagraph (b)(iii) of the definition of authorised officer in subsection 5(1). Authorised officers of the Australian Federal Police (1A) The Commissioner of Police may authorise, in writing, a senior executive AFP employee who is a member of the Australian Federal Police to be an authorised officer. (2) A copy of an authorisation must be given to the Communications Access Coordinator: (a) in the case of an authorisation made under subsection (1)—by the head of the enforcement agency; and (b) in the case of an authorisation made under subsection (1A)—by the Commissioner of Police. Authorisations are not legislative instruments (3) An authorisation made under this section is not a legislative instrument.

5AC Authorisation of certifying officers

(1) The Commissioner of Police may authorise, in writing, a senior executive AFP employee who is a member of the Australian Federal Police to be a certifying officer of the Australian Federal Police. (2) The National Anti‑Corruption Commissioner may authorise, in writing, a staff member of the National Anti‑Corruption Commission who is an SES employee to be a certifying officer of the National Anti‑Corruption Commission. (3) The Chief Executive Officer of the ACC may authorise, in writing, a member of the staff of the ACC who is an SES employee or acting SES employee to be a certifying officer of the ACC. (4) The Commissioner of a Police Force of a State may authorise, in writing, an officer of the police force of the State whose rank is equivalent to that of a senior executive AFP employee who is a member of the Australian Federal Police to be a certifying officer of the Police Force of the State. (5) The Commissioner of the Crime Commission (NSW) may authorise, in writing, a member of the staff of the Crime Commission (NSW) who occupies an office or position at an equivalent level to that of a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)) to be a certifying officer of the Crime Commission (NSW). (6) The Chief Commissioner of the Independent Commission Against Corruption (NSW) may authorise, in writing, an officer of the Independent Commission Against Corruption (NSW) who occupies an office or position at an equivalent level to that of a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)) to be a certifying officer of the Independent Commission Against Corruption (NSW). (7) The Commissioner of the IBAC (Vic.) may authorise, in writing, an IBAC (Vic.) officer who occupies an office or position at an equivalent level to that of an executive (within the meaning of the Public Administration Act 2004 of Victoria) to be a certifying officer of the IBAC (Vic.). (8) The Chief Commissioner of the Law Enforcement Conduct Commission (NSW) may authorise, in writing: (a) an Assistant Commissioner of the Commission; or (b) a member of the staff of the Law Enforcement Conduct Commission (NSW) who occupies an office or position at an equivalent level to that of a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)); to be a certifying officer of the Commission. (9) The Commissioner of the Corruption and Crime Commission (WA) may authorise, in writing, an officer of the Corruption and Crime Commission (WA) who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Management Act 1994 of Western Australia to be a certifying officer of the Corruption and Crime Commission (WA). (9A) The Commissioner of the Independent Commission Against Corruption (SA) may authorise, in writing, a member of the staff of the Independent Commission Against Corruption (SA) who occupies an office or position at an equivalent level to that of an executive employee (within the meaning of the Public Sector Act 2009 of South Australia) to be a certifying officer of the Independent Commission Against Corruption (SA). (10) The chief executive officer of any other agency may authorise, in writing, an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency which is involved in the management of the agency to be a certifying officer of the agency.

5AD Authorisation of certifying person

The Director‑General of Security may authorise, in writing, a senior position‑holder (within the meaning of the Australian Security Intelligence Organisation Act 1979) to be a certifying person.

5AE Authorisation of members of the staff of a Commonwealth Royal Commission

A sole Commissioner or a member of a Commonwealth Royal Commission may authorise, in writing, a person assisting the Commission to be a member of the staff of the Commission for the purposes of this Act.

5A Communicating etc. certain information

For the purposes of this Act (other than Schedule 1), a person who gives to another person, makes use of, makes a record of, or produces in evidence in a proceeding, a record (in this section called the relevant record) obtained by an interception, whether or not in contravention of subsection 7(1), of a communication shall be taken to communicate to the other person, make use of, make a record of, or give in evidence in that proceeding, as the case may be, so much of the information obtained by the interception as can be derived from the relevant record.

5B Exempt proceedings

(1) A reference in this Act to an exempt proceeding is a reference to: (a) a proceeding by way of a prosecution for a prescribed offence; or (aa) a proceeding by way of review of a decision of the Organisation to make an adverse security assessment (within the meaning of Part IV of the Australian Security Intelligence Organisation Act 1979) or a qualified security assessment (within the meaning of that Part); or (ab) a proceeding by way of review of a decision of the ACC to make an adverse criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002); or (b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or (ba) a proceeding under the Spam Act 2003; or (bb) a proceeding under, or a proceeding relating to a matter arising under, Division 104 (control orders) or Division 105A (post‑sentence orders) of the Criminal Code; or (bba) a proceeding under, or a proceeding relating to a matter arising under, Division 395 of the Criminal Code (community safety orders); or (bc) a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that law); or (bd) a proceeding under, or a proceeding relating to a matter arising under, a post‑sentence detention law or a post‑sentence supervision law; or (be) a proceeding under, or a proceeding relating to a matter arising under, the main unexplained wealth provisions; or (bf) a proceeding under, or a proceeding relating to a matter arising under, the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or (c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to a prescribed offence; or (ca) a proceeding under, or a proceeding relating to a matter arising under, an organised crime control law; or (d) a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or (da) a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or (e) a police disciplinary proceeding; or (ea) a proceeding in so far as it relates to: (i) a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or (ii) a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or (eb) a proceeding in so far as it is, or relates to, disciplinary or legal action (within the meaning of section 6S) that is in relation to an eligible staff member (within the meaning of that section) of the Australian Federal Police or the ACC; or (f) any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth or of a State; or (g) a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service; (h) a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter (within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or (haa) a proceeding under Division 5 of Part 4 of the International Criminal Court Act 2002; or (hab) a proceeding before the International Criminal Court sitting in Australia under Part 5 of the International Criminal Court Act 2002; or (ha) a proceeding of an eligible Commonwealth authority; or (hb) a proceeding of the Independent Commission Against Corruption (NSW); or (hc) a proceeding of the Inspector of the Independent Commission Against Corruption (NSW); or (hd) a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or (i) a proceeding of the IBAC (Vic.); or (iaa) a proceeding of the Victorian Inspectorate; or (ia) a proceeding of the Corruption and Crime Commission (WA); or (ib) a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission (WA); or (j) a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or (k) a proceeding of the Law Enforcement Conduct Commission (NSW); or (ka) a proceeding of the Inspector of the Law Enforcement Conduct Commission (NSW); or (kb) a proceeding of the Crime and Corruption Commission (Qld); or (kc) a proceeding of the Independent Commission Against Corruption (SA); or (kca) a proceeding of the Inspector of the Independent Commission Against Corruption (SA); or (kd) a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); or (l) a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or (m) a proceeding by way of review of a decision to refuse such a bail application; or (n) a proceeding by way of a review of a decision to grant such a bail application.

Note: Paragraphs (l), (m) and (n) were inserted as a response to the decision of the Court of Appeal of New South Wales in Director of Public Prosecutions v Serratore (1995) 132 ALR 461.

(2) Without limiting subsection (1), a reference in Chapter 3 to an exempt proceeding includes a reference to: (a) a proceeding by way of a prosecution for an offence punishable: (i) by imprisonment for a period, or a maximum period, of at least 12 months; or (ii) by a fine, or a maximum fine, of at least 60 penalty units if the offence is committed by an individual; or (iii) if the offence cannot be committed by an individual—by a fine, or a maximum fine, of at least 300 penalty units; or (b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or (c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to such an offence; or (d) a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to such an offence; or (e) a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of such an offence; or (f) a proceeding for recovery of a pecuniary penalty for a contravention that would, if proved, render the person committing the contravention liable to: (i) a pecuniary penalty, or a maximum pecuniary penalty, of at least 60 penalty units if the contravention is committed by an individual; or (ii) if the contravention cannot be committed by an individual—a pecuniary penalty, or a maximum pecuniary penalty, of at least 300 penalty units.

5C Information or question relevant to inspection by Ombudsman

(1) For the purposes of this Act, information or a question is relevant to an inspection under Part 2‑7 or Chapter 4A of an agency’s records if the information or question is about: (a) in any case: (i) the location; (ii) the making, compilation or keeping; or (iii) the accuracy or completeness; of any of those records; (b) in any case—any matter to which any of those records relates; or (c) if the Ombudsman suspects on reasonable grounds that an officer of the agency has contravened this Act—any matter relating to the suspected contravention. (2) Nothing in subsection (1) limits the generality of a reference in this Act to information, or to a question, that is relevant to an inspection of an agency’s records.

5D Serious offences

General types of serious offences (1) An offence is a serious offence if it is: (a) a murder, or an offence of a kind equivalent to murder; or (b) a kidnapping, or an offence of a kind equivalent to kidnapping; or (c) an offence against Division 307 of the Criminal Code; or (d) an offence constituted by conduct involving an act or acts of terrorism; or (e) an offence against: (i) Subdivision A of Division 72 of the Criminal Code; or (ia) Subdivision B of Division 80 of the Criminal Code; or (ib) section 80.2C of the Criminal Code; or (ic) Division 82 of the Criminal Code (sabotage); or (id) Division 83 of the Criminal Code (other threats to security); or (ie) Division 91 of the Criminal Code (espionage); or (if) Division 92 of the Criminal Code (foreign interference); or (ig) Division 92A of the Criminal Code (theft of trade secrets involving foreign government principal); or (ii) Division 101 of the Criminal Code; or (iii) Division 102 of the Criminal Code; or (iv) Division 103 of the Criminal Code; or (v) section 104.27 of the Criminal Code; or (va) section 105A.18A of the Criminal Code; or (vb) Division 111 of the Criminal Code (state terrorist acts etc.); or (vc) Division 112 of the Criminal Code (dealings with state sponsor of terrorism); or (vd) Division 113 of the Criminal Code (financing state terrorist act targeted at Australia); or (ve) Division 114B of the Criminal Code (prohibited hate groups); or (vi) Division 119 of the Criminal Code; or (vii) Division 122 of the Criminal Code (secrecy of information); or (viii) section 137.1A of the Criminal Code (aggravated offence for giving false or misleading information); or (f) except for the purposes of an application for a warrant by an agency other than the ACC, an offence in relation to which the ACC is conducting a special ACC investigation. (2) An offence is also a serious offence if: (a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and (b) the particular conduct constituting the offence involved, involves or would involve, as the case requires: (i) loss of a person’s life or serious risk of loss of a person’s life; or (ii) serious personal injury or serious risk of serious personal injury; or (iii) serious damage to property in circumstances endangering the safety of a person; or (iiia) serious arson; or (iv) trafficking in prescribed substances; or (v) serious fraud; or (vi) serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or (vii) bribery or corruption of, or by: (A) an officer of the Commonwealth; or (B) an officer of a State; or (C) an officer of a Territory; or Offences involving planning and organisation (3) An offence is also a serious offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence: (a) involves 2 or more offenders and substantial planning and organisation; and (b) involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and (c) is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and (d) consists of, or involves, any of the following: (i) theft; (ii) handling of stolen goods; (iii) tax evasion; (iv) currency violations; (v) extortion; (vi) bribery or corruption of, or by: (A) an officer of the Commonwealth; or (B) an officer of a State; or (C) an officer of a Territory; (vii) bankruptcy violations; (viii) company violations; (ix) harbouring criminals; (x) dealings in firearms or armaments; (xi) a sexual offence against a person who is under 16; (xii) an immigration offence. Offences relating to criminal groups (3AA) An offence is also a serious offence if it is an offence against section 93T of the Crimes Act 1900 of New South Wales. Offences relating to people smuggling, slavery, sexual servitude, deceptive recruiting and trafficking in persons etc. (3A) An offence is also a serious offence if it is an offence against: (a) any of the following provisions of the Criminal Code: (i) section 73.1, 73.2, 73.3, 73.3A, 73.8, 73.9, 73.10 or 73.11; (ii) section 270.3, 270.5, 270.6A, 270.7, 270.7B or 270.7C (slavery or slavery‑like offences); (iii) section 271.2, 271.3, 271.4, 271.5, 271.6 or 271.7 (trafficking in persons); (iv) section 271.7B, 271.7C, 271.7D or 271.7E (organ trafficking); (v) section 271.7F or 271.7G (harbouring victims); or (b) section 233A, 233B, 233C, 233D, 233E, 234 or 234A of the Migration Act 1958. Sexual offences against children and offences involving child abuse material or harm to children (3B) An offence is also a serious offence if: (a) it is an offence against Division 272, 273 or 273A, Subdivision B or C of Division 471, or Subdivision D or F of Division 474, of the Criminal Code; or (b) the particular conduct constituting the offence otherwise involved, involves or would involve: (i) the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6 of the Criminal Code); or (ii) consenting to or procuring the employment of a child, or employing a child, in connection with such material. Money laundering offences etc. (4) An offence is also a serious offence if it is an offence against any of the following provisions: (a) Part 10.2 of the Criminal Code (other than section 400.9); (b) Part 4AC of the Crimes Act 1900 of New South Wales; (c) section 194, 195 or 195A of the Crimes Act 1958 of Victoria; (d) section 64 of the Crimes (Confiscation of Profits) Act 1989 of Queensland; (e) section 563A of The Criminal Code of Western Australia; (f) section 138 of the Criminal Law Consolidation Act 1935 of South Australia; (g) section 67 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (h) section 74 of the Proceeds of Crime Act 1991 of the Australian Capital Territory; (i) Division 3A of Part VII of Schedule I to the Criminal Code Act 1983 (NT). Cybercrime offences etc. (5) An offence is also a serious offence if it is an offence against any of the following provisions: (a) Part 10.7 of the Criminal Code; (b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales; (c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria; (d) a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c); (e) a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c); (f) section 440A of The Criminal Code of Western Australia. Serious drug offences (5A) An offence is also a serious offence if it is an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2). Cartel offences (5B) An offence is also a serious offence if it is: (a) an offence against section 44ZZRF or 44ZZRG of the Competition and Consumer Act 2010; or (b) an offence under subsection 79(1) of the Competition and Consumer Act 2010 that relates to an offence covered by paragraph (a); or (c) an offence against section 44ZZRF or 44ZZRG of the text set out in Part 1 of Schedule 1 to the Competition and Consumer Act 2010, so far as that section applies as a law of a State, the Northern Territory or the Australian Capital Territory; or (d) an offence under subsection 79(1) of the Competition and Consumer Act 2010 (so far as that subsection applies as a law of a State, the Northern Territory or the Australian Capital Territory) that relates to an offence covered by paragraph (c).

Note: Offences covered by paragraph (c) or (d) form part of the Competition Code of the State or Territory concerned.

Market misconduct (5C) An offence is also a serious offence if it is an offence against any of the following provisions of the Corporations Act 2001: (a) section 1041A; (b) subsection 1041B(1); (c) subsection 1041C(1); (d) section 1041D; (e) subsection 1041E(1); (f) subsection 1041F(1); (g) section 1041G; (h) subsection 1043A(1); (i) subsection 1043A(2). Offences connected with other serious offences (6) An offence is also a serious offence if it is an offence constituted by: (a) aiding, abetting, counselling or procuring the commission of; or (b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of; or (c) conspiring to commit; an offence that is a serious offence under any of the preceding subsections. (7) An offence is also a serious offence if it is an offence constituted by receiving or assisting a person who is, to the offender’s knowledge, guilty of a serious offence mentioned in subsection (1), in order to enable the person to escape punishment or to dispose of the proceeds of the offence. (8) An offence is also a serious offence if it is an offence against any of the following provisions: (a) section 131.1, 135.1, 142.1 or 142.2, subsection 148.2(3), or section 268.112 of the Criminal Code; (b) section 35, 36, 36A, 37, 39, 41, 42, 43, 46, 46A or 47 of the Crimes Act 1914. Offences relating to criminal associations and organisations (8A) An offence is also a serious offence if it is an offence against Division 390 of the Criminal Code. Offences relating to criminal organisations (9) An offence is also a serious offence if: (a) the particular conduct constituting the offence involved, involves or would involve, as the case requires: (i) associating with a criminal organisation, or a member of a criminal organisation; or (ii) contributing to the activities of a criminal organisation; or (iii) aiding, abetting, counselling or procuring the commission of a prescribed offence for a criminal organisation; or (iv) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of a prescribed offence for a criminal organisation; or (v) conspiring to commit a prescribed offence for a criminal organisation; and (b) if the offence is covered by subparagraph (a)(i)—the conduct constituting the offence was engaged in, or is reasonably suspected of having been engaged in, for the purpose of supporting the commission of one or more prescribed offences by the organisation or its members; and (c) if the offence is covered by subparagraph (a)(ii)—the conduct constituting the offence was engaged in, or is reasonably suspected of having been engaged in, for the purpose of enhancing the ability of the organisation or its members to commit or facilitate the commission of one or more prescribed offences.

5E Serious contraventions

(1) For the purposes of this Act, a serious contravention is a contravention of a law of the Commonwealth, a State or a Territory that: (a) is a serious offence; or (b) is an offence punishable: (i) by imprisonment for a period, or a maximum period, of at least 3 years; or (ii) if the offence is committed by an individual—by a fine, or a maximum fine, of at least 180 penalty units; or (iii) if the offence cannot be committed by an individual—by a fine, or a maximum fine, of at least 900 penalty units; or (c) could, if established, render the person committing the contravention liable: (i) if the contravention were committed by an individual—to pay a pecuniary penalty of 180 penalty units or more, or to pay an amount that is the monetary equivalent of 180 penalty units or more; or (ii) if the contravention cannot be committed by an individual—to pay a pecuniary penalty of 900 penalty units or more, or to pay an amount that is the monetary equivalent of 900 penalty units or more. (2) Except so far as the contrary intention appears, a contravention, or a contravention of a particular kind, is taken, for the purposes of this Act, to be a contravention, or to be a contravention of that kind, as the case may be, that: (a) has been committed or is being committed; or (b) is suspected on reasonable grounds of having been committed, of being committed or of being likely to be committed. (3) To avoid doubt, a reference in this section to a number of penalty units in relation to a contravention of a law of a State or a Territory includes a reference to an amount of a fine or pecuniary penalty that is equivalent, under section 4AA of the Crimes Act 1914, to that number of penalty units.

5F When a communication is passing over a telecommunications system

For the purposes of this Act (other than Schedule 1), a communication: (a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication; and (b) is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.

5G The intended recipient of a communication

For the purposes of this Act (other than Schedule 1), the intended recipient of a communication is: (a) if the communication is addressed to an individual (either in the individual’s own capacity or in the capacity of an employee or agent of another person)—the individual; or (b) if the communication is addressed to a person who is not an individual—the person; or (c) if the communication is not addressed to a person—the person who has, or whose employee or agent has, control over the telecommunications service to which the communication is sent.

5H When a communication is accessible to the intended recipient

(1) For the purposes of this Act, a communication is accessible to its intended recipient if it: (a) has been received by the telecommunications service provided to the intended recipient; or (b) is under the control of the intended recipient; or (c) has been delivered to the telecommunications service provided to the intended recipient. (2) Subsection (1) does not limit the circumstances in which a communication may be taken to be accessible to its intended recipient for the purposes of this Act.

6 Interception of a communication

(1) For the purposes of this Act (other than Schedule 1), but subject to this section, interception of a communication passing over a telecommunications system consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication. Communications to or from emergency service facilities (2A) An emergency service facility is premises that are declared by the Minister, by written instrument, to be an emergency service facility. (2B) The Minister may declare premises to be an emergency service facility if the Minister is satisfied that the premises are operated by: (a) a police force or service of the Commonwealth, of a State or of the Australian Capital Territory; or (b) a fire service of a State or of the Australian Capital Territory; or (c) an ambulance service of a State or of the Australian Capital Territory; or (d) a service for despatching, or referring matters for the attention of, a force or service referred to in paragraph (a), (b) or (c); to enable that force or service, or another force or service, to deal with a request for assistance in an emergency. (2C) A declaration by the Minister under subsection (2B) is not a legislative instrument. (2D) If the Minister makes a declaration under subsection (2B), the Minister must, by legislative instrument, specify: (a) the name of the force or service operating the premises to which the declaration relates; and (b) the geographical region in which those premises are located. (2E) If a House of the Parliament disallows, in accordance with section 42 of the Legislation Act 2003, a legislative instrument made under subsection (2D), the declaration to which the instrument relates is taken to have been revoked at the time of the disallowance. (2F) If a person who is lawfully engaged in duties relating to the receiving and handling of communications to or from an emergency service facility listens to or records a communication passing over a telecommunications system to or from the emergency service facility, the listening or recording does not, for the purposes of this Act, constitute an interception of the communication. (2G) Subsection (2F) only applies in relation to an emergency service facility if signs notifying persons that communications to or from the facility may be listened to or recorded are clearly visible at each entrance to the facility. (2H) If: (a) an inspector under section 284 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications and Media Authority under the Australian Communications and Media Authority Act 2005 or the Radiocommunications Act 1992; and (b) while performing those spectrum management functions, the inspector incidentally listens to or records a communication passing over a telecommunications system; the listening or recording does not, for the purposes of this Act, constitute an interception of the communication. (2J) If: (a) an inspector under section 284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part 2 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to: (i) a provision mentioned in subsection 284A(1) of the Radiocommunications Act 1992; or (ii) information mentioned in subsection 284A(2) of the Radiocommunications Act 1992; and (b) while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system; the listening or recording does not, for the purposes of this Act, constitute an interception of the communication. (2K) If: (a) an inspector under section 284 of the Radiocommunications Act 1992 is lawfully engaged in exercising powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to a provision mentioned in subsection 284B(1) of the Radiocommunications Act 1992; and (b) while exercising those powers, the inspector incidentally listens to or records a communication passing over a telecommunications system; the listening or recording does not, for the purposes of this Act, constitute an interception of the communication. Communications to publicly‑listed ASIO numbers (3) A publicly‑listed ASIO number is a telephone number that: (a) enables members of the public to contact the Organisation; and (b) is listed in: (i) a telephone directory; or (ii) a telephone number database; that is available to the public. (4) If: (a) a person makes a call to a publicly‑listed ASIO number; and (b) another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call; the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.

6AAA When a computer network is appropriately used by an employee etc. of a Commonwealth agency etc.

For the purposes of this Act, if a computer network is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State, the network is appropriately used by an employee, office holder or contractor of the agency or authority if: (a) the employee, office holder or contractor has undertaken, in writing, to use the network in accordance with any conditions specified, in writing, by the agency or authority; and (b) those conditions are reasonable; and (c) the employee, office holder or contractor complies with those conditions when using the network.

6AA Accessing a stored communication

For the purposes of this Act, accessing a stored communication consists of listening to, reading or recording such a communication, by means of equipment operated by a carrier, without the knowledge of the intended recipient of the communication.

6A Investigation of an offence

(1) A reference in this Act to the investigation by an agency, or by an eligible authority of a State, of an offence is a reference to: (a) in the case of the Australian Federal Police—an investigation of that offence, in the course of the performance by the Australian Federal Police of its functions, by members of the Australian Federal Police; (b) in the case of a Police Force of a State—an investigation of that offence, in the course of the performance by that Police Force of its functions, by officers of that Police Force; or (c) in the case of the following eligible authorities or agencies, a prescribed investigation, in so far as it relates to that offence: (ia) the National Anti‑Corruption Commission; (i) the ACC; (ii) the Crime Commission (NSW); (iii) the Crime and Corruption Commission (Qld); (v) the Independent Commission Against Corruption (NSW); (va) the Inspector of the Independent Commission Against Corruption (NSW); (vi) the Law Enforcement Conduct Commission (NSW); (vii) the Inspector of the Law Enforcement Conduct Commission (NSW); (viii) the IBAC (Vic.); (ix) the Victorian Inspectorate; (x) the Corruption and Crime Commission (WA); (xi) the Parliamentary Inspector of the Corruption and Crime Commission (WA); (xii) the Independent Commission Against Corruption (SA); (xiii) the Inspector of the Independent Commission Against Corruption (SA). (2) A reference in this Act to an investigation, in relation to an offence, is, in the case of an offence that is suspected on reasonable grounds of being likely to be committed, a reference to the investigation of the likely commission of that offence.

6B Involvement in an offence

For the purposes of this Act, a person shall be taken to be involved in an offence if, and only if, the person: (a) has committed, or is committing, the offence; or (b) is suspected on reasonable grounds of having committed, of committing, or of being likely to commit, the offence.

6C Issue of warrant to agency or eligible authority

For the purposes of this Act, a warrant issued on an application by an agency or an officer of an agency, or on an application by an eligible authority of a State, shall be taken to be issued to that agency or eligible authority, as the case may be.

6D Judges

(1) In this Act, unless the contrary intention appears:

eligible Judge (except when used in Schedule 1) means a Judge:

(a) in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and
(b) in relation to a warrant applied for by the National Anti‑Corruption Commission—who is a superior Court Judge.

Judge means a person who is a Judge of a court created by the Parliament.

(2) A Judge may by writing consent to be nominated by the Attorney‑General under subsection (3). (3) The Attorney‑General may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act (other than Schedule 1). (4) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act (other than Schedule 1), the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6DA Nominated ART members

(1) The Attorney‑General may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue warrants (except to the National Anti‑Corruption Commission) under Part 2‑5: (a) Deputy President; (b) senior member; (c) general member. (2) Despite subsection (1), the Attorney‑General must not nominate a person who holds an appointment as a senior member on a sessional basis or a general member of the Tribunal unless the person: (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and (b) has been so enrolled for not less than 5 years. (3) A nomination ceases to have effect if: (a) the nominated ART member ceases to hold an appointment of a kind set out in subsection (1); or (b) the Attorney‑General, by writing, withdraws the nomination. (4) A nominated ART member has, in performing a function of or connected with, issuing a warrant under Part 2‑5, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6DB Issuing authorities

(1) The Attorney‑General may, by writing, appoint as an issuing authority: (a) a person who is: (i) a judge of a court created by the Parliament; or (iii) a magistrate; and in relation to whom a consent under subsection (2) is in force; or (b) a person who: (i) holds an appointment to the Administrative Review Tribunal as Deputy President, senior member or general member; and (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and (iii) has been enrolled for at least 5 years. (2) A person who is: (a) a judge of a court created by the Parliament; or (c) a magistrate; may, by writing, consent to be appointed by the Attorney‑General under subsection (1). (3) A person’s appointment ceases to have effect if: (a) the person ceases to be a person whom the Attorney‑General could appoint under this section; or (b) the Attorney‑General, by writing, revokes the appointment. (3A) An appointment under subsection (1) has no effect for the purposes of Schedule 1. (4) An issuing authority has, in relation to the performance or exercise of a function or power conferred on an issuing authority by this Act (other than Schedule 1), the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6DC Part 4‑1 issuing authorities

(1) The Attorney‑General may, by writing, appoint as a Part 4‑1 issuing authority: (a) a person who is: (i) a judge of a court created by the Parliament; or (iii) a magistrate; and in relation to whom a consent under subsection (2) is in force; or (b) a person who: (i) holds an appointment to the Administrative Review Tribunal as Deputy President, senior member or general member; and (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and (iii) has been enrolled for at least 5 years. (2) A person who is: (a) a judge of a court created by the Parliament; or (b) a magistrate; may, by writing, consent to be appointed by the Attorney‑General under subsection (1). (3) A person’s appointment ceases to have effect if: (a) the person ceases to be a person whom the Attorney‑General could appoint under this section; or (b) the Attorney‑General, by writing, revokes the appointment. (4) A Part 4‑1 issuing authority has, in relation to the performance or exercise of a function or power conferred on a Part 4‑1 issuing authority by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6E Lawfully intercepted information

(1) Subject to subsections (2), (2A) and (3), a reference in this Act to lawfully intercepted information is a reference to information obtained (whether before or after the commencement of this section) by intercepting, otherwise than in contravention of subsection 7(1), a communication passing over a telecommunications system. (2) A reference in this Act to lawfully intercepted information that was originally obtained by an agency, or by an eligible authority of a State, is a reference to: (a) information obtained, whether before or after the commencement of this section, by intercepting a communication under a warrant issued to the agency or authority; or (b) information communicated to the agency or authority in accordance with section 65A or 63E. (2A) A reference in this Act to lawfully intercepted information includes a reference to information obtained by accessing a stored communication under a section 31A authorisation. (3) A reference in this Act to lawfully intercepted information does not include a reference to information obtained in accordance with an international production order (within the meaning of Schedule 1).

6EA Interception warrant information

A reference in this Act to interception warrant information is a reference to: (a) information about any of the following: (i) an application for an interception warrant; (ii) the issue of an interception warrant; (iii) the existence or non‑existence of an interception warrant; (iv) the expiry of an interception warrant; or (b) any other information that is likely to enable the identification of: (i) the telecommunications service to which an interception warrant relates; or (ii) a person specified in an interception warrant as a person using or likely to use the telecommunications service to which the warrant relates.

6EAA Preservation notice information

A reference in this Act to preservation notice information is a reference to: (a) information about any of the following: (i) the giving of a preservation notice; (ii) for a foreign preservation notice—the making of a request under section 107P to preserve stored communications covered by the notice; (iii) the existence or non‑existence of a preservation notice; (iv) the expiry of a preservation notice; or (b) any other information that is likely to enable the identification of: (i) the person or telecommunications service specified in a preservation notice; or (ii) the person or telecommunications service to which a preservation notice relates.

6EB Stored communications warrant information

A reference in this Act to stored communications warrant information is a reference to: (a) information about any of the following: (i) an application for a stored communications warrant; (ii) the issue of a stored communications warrant; (iii) the existence or non‑existence of a stored communications warrant; (iv) the expiry of a stored communications warrant; or (b) any other information that is likely to enable the identification of: (i) the telecommunications service to which a stored communications warrant relates; or (ii) a person specified in a stored communications warrant as a person using or likely to use the telecommunications service to which the warrant relates.

6F Offences

Except so far as the contrary intention appears, a reference in this Act to an offence, or to an offence of a particular kind, is a reference to an offence, or to an offence of that kind, as the case may be, that: (a) has been committed or is being committed; or (b) is suspected on reasonable grounds of having been committed, of being committed or of being likely to be committed.

6G Officer of the Commonwealth, of a State or of a Territory

(1) A reference in this Act to an officer of the Commonwealth includes a reference to: (a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth; (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth, or is an officer or employee of such an authority or body; and (c) an officer of the Australian Capital Territory; but does not include a reference to an officer of the Northern Territory or of an external Territory. (2) A reference in this Act to an officer of a State includes a reference to: (a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the State; and (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the State, or is an officer or employee of such an authority or body. (3) A reference in this Act to an officer of a Territory includes a reference to: (a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the Territory; and (b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Territory, or is an officer or employee of such an authority or body.

6H Person to whom application relates

For the purposes of this Act, an application by an agency to a Judge or nominated ART member for a warrant relates to a particular person if, and only if, information has been, or is proposed to be, given to the Judge or nominated ART member under Part 2‑5, in connection with the application, in order to satisfy the Judge or nominated ART member, in relation to the person, of the matters referred to in: (a) in the case of a warrant under section 48—paragraphs 46(1)(c) and (d), 46(4)(c), (d) and (e), 46(7)(c) to (h), 46(9)(c), (d) and (e), or 46(12)(c) to (g), as the case requires; or (b) in the case of any other Part 2‑5 warrant—paragraphs 46(1)(c) and (d), 46(4)(c), (d) and (e), 46(7)(c) to (h), 46A(1)(c) and (d), 46A(2A)(c), (d) and (e), 46A(2C)(c) to (h), 46A(2E)(c), (d) and (e), or 46A(2G)(a) to (g), as the case requires; or (c) in the case of a stored communications warrant—subparagraph 116(1)(d)(i) or (ii), as the case requires.

6J Proceeding by way of a prosecution for an offence

A reference in this Act to a proceeding by way of a prosecution for an offence includes a reference to a proceeding with a view to the committal of a person for trial for the offence.

6K Proceeding for confiscation or forfeiture or for pecuniary penalty

A reference in this Act to a proceeding, or to a proceeding under a law of the Commonwealth, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence includes a reference to: (a) a proceeding for the condemnation or recovery of a ship or aircraft, or of goods, seized under section 203 of the Customs Act 1901 in connection with the commission of an offence against: (i) subsection 50(7) or subsection 112(2BC) of the Customs Act 1901; or (ii) Division 307 of the Criminal Code; and (b) a proceeding by way of an application for an order under subsection 243B(1) of the Customs Act 1901; and (c) a proceeding by way of an application for a restraining order, or an order that is ancillary to a restraining order, under a prescribed Act of the Commonwealth, a State or the Australian Capital Territory.

6L Relevant proceeding

(1) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is, in the case of the Australian Federal Police or a Police Force of a State, a reference to: (a) a proceeding by way of a prosecution for a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; or (b) a proceeding under a law of the Commonwealth, or of that State, as the case may be, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or (ba) in the case of the Australian Federal Police—a proceeding under, or a proceeding relating to a matter arising under: (i) the main unexplained wealth provisions; or (ii) the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or (bb) in the case of the Police Force of a participating State, the Australian Capital Territory or the Northern Territory—a proceeding under, or a proceeding relating to a matter arising under, the unexplained wealth legislation of that State or Territory; or (c) a proceeding for the taking of evidence as mentioned in paragraph 5B(1)(c), in so far as the proceeding relates to: (i) a prescribed offence; or (ii) a prescribed offence that is an offence against a law of that State; as the case may be; or (ca) a proceeding under, or in relation to a matter arising under, an organised crime control law of that State; or (d) a proceeding for the extradition of a person as mentioned in paragraph 5B(1)(d), in so far as the proceeding relates to a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; or (e) a police disciplinary proceeding that is a proceeding against a member of the Australian Federal Police, or of that Police Force, as the case may be; or (ea) in the case of the Australian Federal Police: (i) a proceeding against an AFP employee in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the employment of the employee; or (ii) a proceeding against a special member of the Australian Federal Police in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the appointment of the member; or (eb) in the case of a Police Force of a State—a proceeding against an officer or member of staff of that Police Force in so far as the proceeding relates to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or (f) any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, or of that State, as the case may be. (2) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is: (a) in the case of the National Anti‑Corruption Commission or the ACC—a reference to: (i) a proceeding by way of a prosecution for a prescribed offence to which a prescribed investigation relates or related; or (ii) a proceeding under a law of the Commonwealth or a State for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence to which a prescribed investigation relates or related; or (aa) in the case of the Crime Commission (NSW)—a reference to: (i) a proceeding by way of a prosecution for a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates or related; or (ii) a proceeding under a law of New South Wales for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or (b) in the case of the Independent Commission Against Corruption (NSW), the Inspector of the Independent Commission Against Corruption (NSW), the Law Enforcement Conduct Commission (NSW) or the Inspector of the Law Enforcement Conduct Commission (NSW)—a reference to a proceeding by way of a prosecution for a prescribed offence: (i) that is an offence against the law of New South Wales; and (ii) to which a prescribed investigation relates or related; or (ba) in the case of the IBAC (Vic.) or the Victorian Inspectorate—a reference to a proceeding by way of a prosecution for a prescribed offence: (i) that is an offence against the law of Victoria; and (ii) to which a prescribed investigation relates or related; or (c) in the case of the Crime and Corruption Commission (Qld)—a reference to: (i) a proceeding by way of a prosecution for a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates or related; or (ii) a proceeding under a law of Queensland for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or (d) in the case of the Corruption and Crime Commission (WA) or the Parliamentary Inspector of the Corruption and Crime Commission (WA)—a reference to a proceeding by way of a prosecution for a prescribed offence: (i) that is an offence against the law of Western Australia; and (ii) to which a prescribed investigation relates or related; or (e) in the case of the Independent Commission Against Corruption (SA) or the Inspector of the Independent Commission Against Corruption (SA)—a reference to a proceeding by way of prosecution for a prescribed offence: (i) that is an offence against the law of South Australia; and (ii) to which a prescribed investigation relates or related. (3) A reference in this Act, in relation to an agency that is an interception agency, to a relevant proceeding is a reference to a proceeding under, or a proceeding relating to a matter arising under: (a) the main unexplained wealth provisions; or (b) the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory.

6M Terminating the appointment of an officer

A reference in this Act to terminating, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth or a State includes a reference to removing the officer from office on the ground of misbehaviour or improper conduct.

6N Declaration of staff members of State Police Forces

(1) This section applies to an agency that is the Police Force of a State. (2) The Minister may make a written declaration that members of an agency included in a specified class of members of the agency occupy positions corresponding to those of AFP employees who are not members of the Australian Federal Police. (3) Members included in the class of members of an agency specified in a declaration are referred to in this Act, in relation to the agency concerned, as staff members.

6P Identification of service

For the purposes of this Act (other than Schedule 1), a service may be identified by: (a) a number assigned to it from time to time; or (b) by any other unique identifying factor.

6Q Identification of telecommunications device

For the purposes of this Act, a telecommunications device may be identified by: (a) a unique telecommunications number assigned to it from time to time; or (b) any other unique identifying factor.

6R Communications Access Coordinator

(1) In this Act:

Communications Access Coordinator means:

(a) the Secretary of the Department; or
(b) if a person or body is covered by an instrument made under subsection (2)—that person or body.

(2) The Minister may, by legislative instrument, specify one or more persons or bodies, or one or more classes of persons or bodies, for the purposes of paragraph (b) of the definition of Communications Access Coordinator in subsection (1). (2A) The Minister must only specify a person or class of persons in an instrument made under subsection (2) if the person is an APS employee, or the class of persons consists wholly of APS employees, in the Department. Instrument must specify certain functions or powers (2B) An instrument made under subsection (2) must specify the functions or powers of a Communications Access Coordinator under this Act or any other Act that a person or body, or a class of persons or bodies, specified in the instrument may perform or exercise. (2C) A person or body, or a class of persons or bodies, specified in an instrument made under subsection (2) may only perform the functions or exercise the powers specified in that instrument in relation to that person or body, or class of persons or bodies. (3) Unless the context otherwise requires, an act done by or in relation to a Communications Access Coordinator is taken to be an act done by or in relation to the Coordinator on behalf of all the interception agencies and all the enforcement agencies.