Commonwealth legislation

Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023

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Commonwealth

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legislative instrument

Plain English Summary

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This instrument declares the Independent Commission Against Corruption (South Australia) to be an 'agency' under the Telecommunications (Interception and Access) Act 1979, applying that federal law to ICAC SA (s3). It revokes the 2013 declaration and commences when registered and when the Crimes and Other Legislation Amendment (Omnibus) Act 2023 receives Royal Assent (s4; s2).

The Attorney‑General made the declaration after being satisfied state law and an agreement met TIA Act conditions; the declaration changes ICAC SA's legal status and the obligations/permissions that follow under the TIA Act (preamble; s3).

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Current sections

Direct links to the current provisions in Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023.

Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023

Commonwealth Coat of Arms

Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 20231

Telecommunications (Interception and Access) Act 1979

I, Mark Dreyfus KC, Attorney-General, being satisfied that:

(a) the law of the State of South Australia makes satisfactory provision for the matters mentioned in subsection 35 (1) of the Telecommunications (Interception and Access) Act 1979; and

(b) the State of South Australia has entered into an agreement as required by subsection 35(2) of that Act;

make the following declaration under section 34 of that Act, at the request of the Premier of the State of South Australia.

Dated 24 August 2023

Mark Dreyfus

Attorney-General

1 Name of declaration

This declaration is the Telecommunications (Interception and Access—Independent Commission Against Corruption of South Australia) Declaration 2023.

2 Commencement

This declaration commences on the later of the day after this instrument is registered and the Crimes and Other Legislation Amendment (Omnibus) Act 2023 receives Royal Assent.

3 Declaration of agency

The Independent Commission Against Corruption that is established by the Independent Commission Against Corruption (CPIPC Recommendations) Amendment Act 2021 of South Australia is declared to be an agency for the purposes of the Telecommunications (Interception and Access) Act 1979.

4 Revocation

(1) The Telecommunications (Interception and Access – Independent Commissioner Against Corruption of South Australia) Declaration 2013 (Federal Register of Legislative Instruments No. F2013L01146) is revoked.

(2) This section expires at the end of the day on which this section commences as if this section had been repealed by another legislative instrument.

Note

Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023