Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013

This Act has been repealed and is no longer in force. It is retained for historical reference.

What this does: This declaration gives South Australia's anti-corruption body (the Independent Commissioner Against Corruption, or ICAC) the power to tap phones and intercept electronic communications under Commonwealth law.

Why it matters: Normally, only specific government agencies can access telecommunications interception powers—the ability to listen to phone calls, read messages, and monitor digital communications during investigations. This document officially adds SA ICAC to that authorised list, enabling them to use these surveillance tools when investigating serious corruption.

How it works: The Attorney-General issued this declaration after confirming two things: (1) South Australia had proper laws in place to oversee how these powers would be used, and (2) SA had signed a cooperation agreement with the Commonwealth. Once declared an "agency" under the Telecommunications (Interception and Access) Act 1979, SA ICAC can apply for warrants to intercept communications.

Key detail: The declaration took effect on 1 September 2013.

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Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 20131

Telecommunications (Interception and Access) Act 1979

I, Mark Dreyfus, 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 17 June 2013

Mark Dreyfus

Attorney-General

1 Name of declaration

This declaration is the Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013.

2 Commencement

This declaration commences on 1 September 2013.

3 Declaration of agency

The Independent Commissioner Against Corruption that is established by the Independent Commissioner Against Corruption Act 2012 (SA) is declared to be an agency for the purposes of the Telecommunications (Interception and Access) Act 1979.

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.

1 Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013

Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 20131

Telecommunications (Interception and Access) Act 1979

I, Mark Dreyfus, 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 17 June 2013

Mark Dreyfus

Attorney-General

1 Name of declaration

This declaration is the Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013.

2 Commencement

This declaration commences on 1 September 2013.

3 Declaration of agency

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.

Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013

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Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013

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1 Telecommunications (Interception and Access—Independent Commissioner Against Corruption of South Australia) Declaration 2013