Telecommunications (Interception) (State Provisions) Act 1988 (Victoria)

The Telecommunications (Interception) (State Provisions) Act 1988 creates the Victorian-state framework that operates alongside and to implement the regime in the Commonwealth Telecommunications (Interception and Access) Act 1979. Its stated purpose is to enable the Independent Broad‑based Anti‑corruption Commission (IBAC) and Victoria Police to intercept telecommunications in accordance with the Commonwealth Act, s 1. The Act does not itself create new powers to intercept communications outside the Commonwealth Act. Instead it: (a) provides definitions and cross‑references to the Commonwealth Act and to state integrity institutions, s 3; (b) prescribes administrative and recordkeeping obligations for Victoria Police and the IBAC in connection with Part 2-5 warrants and certain international production orders, Parts 2 and 2B; (c) establishes processes requiring applicants to notify and disclose to a Public Interest Monitor before seeking Part 2-5 warrants or international production orders, Pt 1A and Pt 1B (ss 4-4E and ss 4F-4K); (d) sets out inspection, reporting and enforcement mechanisms by Integrity Oversight Victoria to audit compliance with the state provisions, Part 3 (ss 10-20C); and (e) prescribes offences and penalties for failing to comply with specified duties (for example ss 4B, 4H, 22 and 23).

Mechanically, the Act does the following specific things. It requires officers of the Police Force or IBAC Officers who intend to apply under the Commonwealth Act for Part 2-5 warrants to notify a Public Interest Monitor in accordance with regulations (s 4 and s 4A). Those officers must give the Public Interest Monitor copies of written applications and accompanying affidavits, or the information required for telephone applications (s 4A(2)-(3)). Applicants must make full disclosure to the Public Interest Monitor of matters adverse to issuing the warrant (s 4B), and the Monitor is entitled to appear, ask questions and make submissions to the issuing authority (s 4D). Equivalent notification, disclosure and participatory rights apply where the application is for an international production order in respect of individual transmission services or individual message/call application services, Pt 1B (ss 4F-4K).

Version No. 027

Telecommunications (Interception) (State Provisions) Act 1988

No. 46 of 1988

Version incorporating amendments as at
10 February 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

Part 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants 12

4 Application of Part 1A 12

4A Public Interest Monitor must be notified 12

4B Full disclosure to Public Interest Monitor 13

4C Public Interest Monitor to be given further information 13

4D Role of Public Interest Monitor 13

4E Confidentiality provisions do not apply 14

Part 1B—Functions of Public Interest Monitor—international production orders 15

4F Application of this Part 15

4G Public Interest Monitor must be notified 15

4H Full disclosure to Public Interest Monitor 16

4I Public Interest Monitor to be given further information 16

4J Role of Public Interest Monitor 17

4K Confidentiality provisions do not apply 18

Part 2—Functions of the Police Force 20

5 Documents connected with issue of warrants to be kept 20

6 Other records to be kept in connection with interceptions 20

7 Documents to be given to the Minister 22

8 Documents to be given by State Police Minister to Commonwealth Minister 23

9 Keeping and destruction of restricted records 24

Part 2B—Functions of the IBAC 25

9F Documents connected with issue of warrants to be kept 25

9G Other records to be kept in connection with interceptions 25

9GA Documents to be given to Minister 27

9GB Documents to be given by State Minister to Commonwealth Minister 28

9H Keeping and destruction of restricted records 28

Part 3—Functions of Integrity Oversight Victoria 30

Division 1—Introduction 30

10 Functions—generally 30

Division 2—Inspection of records of Police Force 31

11 Regular inspections of records of Police Force 31

12 Reports 31

13 Integrity Oversight Victoria may report on contraventions 32

Division 3—Inspection of records of the IBAC 33

14 Regular inspections of records of the IBAC 33

15 Reports 34

16 Integrity Oversight Victoria may report on contraventions 34

Division 4—General functions and powers 35

17 Definitions 35

18 Integrity Oversight Victoria's general powers 36

19 Power to obtain relevant information 37

20 Integrity Oversight Victoria to be given information and access despite other laws 38

20A Dealing with information for the purposes of inspection and report 39

20B Integrity Oversight Victoria not to be sued 40

20C Delegation by Integrity Oversight Victoria 40

Part 4—Miscellaneous 41

21 Copies of reports for Commonwealth Minister 41

22 Disclosure by persons under the Minister's administration 41

23 Offences relating to inspections under Part 3 41

24 Regulations 42

25 Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011 42

26 Transitional provisions—Victorian Inspectorate Act 2011 43

Endnotes 45

1 General information 45

2 Table of Amendments 47

3 Explanatory details 49

Version No. 027

Telecommunications (Interception) (State Provisions) Act 1988

No. 46 of 1988

Version incorporating amendments as at
10 February 2025

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 amended by Nos 87/2005 s. 21, 87/2009 s. 32, 13/2012 s. 14(1) (as amended by Nos 82/2012 s. 149(1)), 82/2012 s. 63, 37/2014 s. 10(Sch. item 166.1).

1 Purpose

The purpose of this Act is to enable the IBAC and Victoria Police to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.

2 Commencement

This Act comes into operation on a day to be proclaimed.

3 Definitions

(1) In this Act—

S. 3(1) def. of agency amended by Nos 52/2003 s. 52(Sch. 1 item 13), 87/2005 s. 22(b), 82/2012 s. 64(b), 37/2014 s. 10(Sch. item 166.2(a)).

agency means—

(a) the Australian Federal Police; or

(b) the Australian Crime Commission; or

(d) the Police Force of another State or a Territory of the Commonwealth in relation to which a declaration under section 34 of the Commonwealth Act is in force; or

(e) the IBAC;

S. 3(1) def. of certifying officer substituted by No. 65/2001 s. 3(a), repealed by No. 87/2005 s. 22(c).

S. 3(1) def. of Chief Integrity Inspector inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).

Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of communica-tion substituted by No. 65/2001 s. 3(b).

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; or

(ii) data; or

(iii) text; or

(iv) visual images, whether or not animated; or

(v) signals; or

(b) in any other form or in any combination of forms;

S. 3(1) def. of Director inserted by No. 87/2005 s. 22(a), amended by No. 34/2008 s. 143(Sch. 2 item 12.1(a)), repealed by No. 82/2012 s. 64(a).

S. 3(1) def. of IBAC inserted by No. 13/2012 s. 14(2)(c).

IBAC means the Independent Broad-based Anti-corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Commiss-
ioner inserted by No. 82/2012 s. 64(d).

IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Officer inserted by No. 13/2012 s. 14(2)(c).

IBAC Officer has the same meaning as it has in section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of individual message/call application service inserted by No. 31/2024 s. 31.

individual message/call application service has the same meaning as it has in Schedule 1 to the Commonwealth Act;

S. 3(1) def. of individual transmission service inserted by No. 31/2024 s. 31.

individual transmission service has the same meaning as it has in Schedule 1 to the Commonwealth Act;

S. 3(1) def. of inspecting officer substituted by Nos 87/2005 s. 22(d), 82/2012 s. 64(c), amended by No. 31/2024 s. 113(Sch. 1 item 38.1(b)).

inspecting officer means an Integrity Oversight Victoria Officer;

S. 3(1) def. of Inspector inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of Integrity Oversight Victoria Officer inserted by No. 31/2024 s. 113(Sch. 1 item 38.1(a)).

Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of international production order inserted by No. 31/2024 s. 31.

international production order has the same meaning as it has in Schedule 1 to the Commonwealth Act;

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

S. 3(1) def. of member of staff of the Office of Police Integrity inserted by No. 87/2005 s. 22(a), substituted by No. 34/2008 s. 143(Sch. 2 item 12.2), repealed by No. 82/2012 s. 64(a).

S. 3(1) def. of Minister repealed by No. 87/2009 s. 33(1),
new def. of Minister inserted by No. 82/2012 s. 64(d).

Minister means the Minister administering the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of Office of Police Integrity inserted by No. 87/2005 s. 22(a), amended by No. 34/2008 s. 143(Sch. 2 item 12.1(b)), repealed by No. 82/2012 s. 64(a).

S. 3(1) def. of Part VI warrant substituted as Part 2–5 warrant by No. 87/2009 s. 33(2).

Part 2–5 warrant means a warrant issued or to be issued under Part 2–5 of the Commonwealth Act;

S. 3(1) def. of permitted purpose amended by No. 65/2001 s. 3(c)(i)(ii), substituted by No. 87/2005 s. 22(e), amended by Nos 34/2008 s. 143(Sch. 2 item 12.1(c)), 13/2012 s. 14(2)(b) (as amended by No. 82/2012 s. 149(2)(b)).

permitted purpose means—

(a) in relation to the Police Force—

(i) an investigation by the Police Force of a prescribed offence within the meaning of the Commonwealth Act; or

(ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the Police Force; or

(iii) a relevant proceeding in relation to the Police Force; or

(iv) the exercise by the Chief Commissioner of Police of the powers conferred by section 68 of the Commonwealth Act; or

(v) the keeping of records by the Police Force under sections 5, 6 and 9; or

(vi) an inspection of the records of the Police Force made under section 11; or

(vii) a report on such an inspection; or

(viii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of Victoria, being an investigation or inquiry under a law of this State or by a person in the person's capacity as an officer of this State; or

(ix) a report on such an investigation or inquiry; or

(x) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of the Police Force; or

(xi) a review (whether by way of appeal or otherwise) of a decision referred to in subparagraph (x); or

(xii) the tendering to the Governor in Council of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State; or

(xiii) deliberations of the Governor in Council in connection with advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State;

(b) in relation to the IBAC—

(i) an investigation by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(ii) a report by the IBAC on an investigation by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(iii) any recommendation made by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(iv) an investigation by the IBAC of a prescribed offence within the meaning of the Commonwealth Act; or

(v) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the IBAC; or

(vi) a relevant proceeding in relation to the IBAC; or

(vii) the exercise by the IBAC of the powers conferred by section 68 of the Commonwealth Act; or

(viii) the keeping of records by the IBAC under sections 9F, 9G and 9H;

S. 3(1) def. of Police Integrity Minister inserted by No. 87/2009 s. 33(6), repealed by No. 82/2012 s. 64(a).

S. 3(1) def. of Police Minister inserted by No. 87/2009 s. 33(6), amended by No. 37/2014 s. 10(Sch. item 166.2(b)).

Police Minister means the Minister administering the Victoria Police Act 2013;

premises includes—

(a) any land; and

(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and

S. 3(1) def. of record amended by No. 65/2001 s. 3(d)(i)(ii).

record 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 section 7(1) of the Commonwealth Act, 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;

S. 3(1) def. of restricted record amended by Nos 65/2001 s. 3(e)(i)(ii), 87/2009 s. 33(3).

restricted record means a record other than a copy, that was obtained by an interception, whether or not in contravention of section 7(1) of the Commonwealth Act, of a communication passing over a telecommunications system;

S. 3(1) def. of Special Investigations Monitor inserted by No. 87/2005 s. 22(a), repealed by No. 82/2012 s. 64(a).

S. 3(1) def. of telephone application inserted by No. 31/2024 s. 31.

telephone application has the same meaning as it has in Schedule 1 to the Commonwealth Act;

S. 3(1) def. of the Common-wealth Act substituted by No. 87/2009 s. 33(4).

the Commonwealth Act means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

S. 3(1) def. of the Police Force amended by No. 37/2014 s. 10(Sch. item 166.2(c)).

the Police Force means Victoria Police;

S. 3(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).

S. 3(1) def. of Victorian Inspectorate Officer inserted by No. 82/2012 s. 64(d), repealed by No. 31/2024 s. 113(Sch. 1 item 38.1(c)).

S. 3(1) def. of warrant substituted by No. 87/2009 s. 33(5).

warrant means a warrant issued under Part 2–5 of the Commonwealth Act.

(2) Expressions used in this Act which are not elsewhere defined in this section, have the same meanings as in the Commonwealth Act.

(3) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

S. 4 repealed by No. 116/1993 s. 3.

Pt 1A (Heading) amended by No. 31/2024 s. 32.

Pt 1A (Heading and ss 4–4E) inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

Part 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants

New s. 4 inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4 Application of Part 1A

This Part applies if an officer of the Police Force or an IBAC Officer intends to apply under the Commonwealth Act for a Part 2-5 warrant or a renewal of a Part 2-5 warrant.

S. 4A inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4A Public Interest Monitor must be notified

(1) The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the Public Interest Monitor Act 2011.

(2) If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—

(a) a copy of the written application; and

(b) a copy of the affidavit required under section 42 of the Commonwealth Act to accompany the written application.

(3) If the officer intends to make the application by telephone, the officer must give the Public Interest Monitor the information required under section 43 of the Commonwealth Act to be given on a telephone application.

S. 4B inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4B Full disclosure to Public Interest Monitor

(1) The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the warrant.

(2) The officer must not knowingly or recklessly fail to comply with subsection (1).

Penalty: 60 penalty units or imprisonment for 6 months or both.

S. 4C inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4C Public Interest Monitor to be given further information

If further information is required under section 44 of the Commonwealth Act to be given to the issuing authority in connection with the application, the officer must also give the Public Interest Monitor the information.

S. 4D inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4D Role of Public Interest Monitor

(1) The Public Interest Monitor is entitled—

(a) to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i) to ask questions of any person giving information to the issuing authority; and

(ii) to make submissions to the issuing authority about the appropriateness of issuing the warrant; and

(i) in relation to an application for a warrant in relation to a telecommunications service—the matters referred to in section 46(2)(a) to (f) of the Commonwealth Act;

(ii) in relation to an application for a warrant in relation to a person—the matters referred to in section 46A(2)(a) to (f) of the Commonwealth Act.

(2) Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the issuing authority in the presence of the issuing authority, or by phone, fax, email or any other reasonable way.

(3) As soon as practicable after the application is heard, the Public Interest Monitor must return to the officer any documents given by the officer to the Public Interest Monitor under section 4A, 4B or 4C in relation to the application.

S. 4E inserted by No. 72/2011 s. 43 (as amended by No. 82/2012 s. 166).

4E Confidentiality provisions do not apply

(1) This section applies to—

(a) an officer of the Police Force or an IBAC Officer; and

(b) a person mentioned in section 4D(1)(b)(i).

(2) An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the person, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this Part.

Pt 1B (Heading and ss 4F–4K) inserted by No. 31/2024 s. 33.

Part 1B—Functions of Public Interest Monitor—international production orders

S. 4F inserted by No. 31/2024 s. 33.

4F Application of this Part

This Part applies if an officer of the Police Force or an IBAC Officer intends to apply under clause 22 or 52 of Schedule 1 to the Commonwealth Act for an international production order in respect of—

(a) one or more individual transmission services; or

(b) one or more individual message/call application services.

S. 4G inserted by No. 31/2024 s. 33.

4G Public Interest Monitor must be notified

(1) The officer must notify a Public Interest Monitor of the application in accordance with the regulations made under the Public Interest Monitor Act 2011.

(2) If the officer intends to make the application in writing, the officer must give the Public Interest Monitor—

(a) a copy of the written application; and

(b) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 25 of Schedule 1 to the Commonwealth Act to accompany the written application; and

(c) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, a copy of the affidavit required under clause 55 of Schedule 1 to the Commonwealth Act to accompany the written application.

(3) If the officer intends to make a telephone application, the officer must give the Public Interest Monitor—

(a) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act, the information required under clause 26 of Schedule 1 to the Commonwealth Act to be given on a telephone application; and

(b) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act, the information required under clause 56 of Schedule 1 to the Commonwealth Act to be given on a telephone application.

S. 4H inserted by No. 31/2024 s. 33.

4H Full disclosure to Public Interest Monitor

(1) The officer must fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the international production order.

(2) The officer must not knowingly or recklessly fail to comply with subsection (1).

Penalty: 60 penalty units or imprisonment for 6 months or both.

S. 4I inserted by No. 31/2024 s. 33.

4I Public Interest Monitor to be given further information

If further information is required under clause 27 or 57 of Schedule 1 to the Commonwealth Act to be given in connection with the application, the officer must also give the Public Interest Monitor that information.

S. 4J inserted by No. 31/2024 s. 33.

4J Role of Public Interest Monitor

(1) The Public Interest Monitor is entitled—

(a) to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i) to ask questions of any person giving information on the application; and

(ii) to make submissions to the issuing authority about the appropriateness of issuing the international production order; and

(i) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 30(5)(a)(i) to (vi) of Schedule 1 to the Commonwealth Act;

(ii) in relation to an application under clause 22 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 30(5)(b)(i) to (vi) of Schedule 1 to the Commonwealth Act;

(iii) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual transmission services, the matters referred to in clause 60(5)(a) to (g) of Schedule 1 to the Commonwealth Act;

(iv) in relation to an application under clause 52 of Schedule 1 to the Commonwealth Act for an international production order that is in respect of one or more individual message/call application services, the matters referred to in clause 60(6)(a) to (g) of Schedule 1 to the Commonwealth Act.

(2) Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions in person, or by phone, fax, email or any other reasonable way.

S. 4K inserted by No. 31/2024 s. 33.

4K Confidentiality provisions do not apply

(1) This section applies to—

(a) an officer of the Police Force or an IBAC Officer; and

(b) a person referred to in section 4J(1)(b)(i).

(2) An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of a person to whom this section applies, whether imposed under an Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this Part.

Part 2—Functions of the Police Force

5 Documents connected with issue of warrants to be kept

The Chief Commissioner of Police must cause to be kept in the records of the Police Force—

S. 5(a) substituted by No. 87/2009 s. 34(1).

(a) each warrant issued to the Police Force; and

S. 5(b) substituted by No. 87/2009 s. 34(1).

(b) a copy of each notification by the Chief Commissioner of Police under section 59A of the Commonwealth Act; and

S. 5(c) substituted by No. 87/2009 s. 34(1).

(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and

(e) a copy of each authorisation by the Chief Commissioner of Police under section 66(2) of the Commonwealth Act; and

S. 5(f) amended by No. 87/2009 s. 34(2).

(f) particulars of any telephone application for a Part 2–5 warrant made by the Police Force.

6 Other records to be kept in connection with interceptions

S. 6(1) amended by No. 87/2005 s. 23(b).

(1) The Chief Commissioner of Police must cause—

S. 6(1)(a) amended by No. 87/2009 s. 35(1).

(a) in relation to each application by the Police Force for a Part 2–5 warrant, a statement as to whether—

(i) the application was withdrawn or refused; or

(ii) a warrant was issued on the application; and

S. 6(1)(ab) inserted by No. 87/2005 s. 23(a), amended by No. 87/2009 s. 35(1).

(ab) in relation to each Part 2–5 warrant whose authority is exercised by the Police Force, particulars of—

(i) the warrant; and

(ii) the day on which, and the time at which, each interception under the warrant began; and

(iii) the duration of each such interception; and

(iv) the name of the person who carried out each such interception; and

(v) in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and

(b) in relation to each restricted record that has at any time been in the possession of the Police Force, particulars of—

(i) if the restricted record is a record obtained by an interception under a warrant issued to the Police Force—that warrant; and

(ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the Police Force; and

(iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the Police Force; and

(iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the Police Force received or supplied the restricted record; and

S. 6(1)(c) amended by No. 87/2009 s. 35(2).

S. 6(1)(d) amended by No. 87/2009 s. 35(2).

(d) particulars of each communication of lawfully intercepted information by an officer of the Police Force to a person or body other than such an officer; and

S. 6(1)(e) amended by No. 87/2009 s. 35(2).

(e) particulars of each occasion when, to the knowledge of an officer of the Police Force, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the Police Force—

to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

(2) The Chief Commissioner of Police must cause to be kept in the records of the Police Force each record that the Chief Commissioner has caused to be made under this section.

7 Documents to be given to the Minister

S. 7(1) amended by No. 87/2009 s. 33(7)(a).

(1) The Chief Commissioner of Police must give to the Police Minister—

S. 7(1)(a) repealed by No. 82/2012 s. 65(a).

(b) within 3 months after a warrant issued to the Police Force ceases to be in force, a written report about—

(i) the use made by the Police Force of information obtained by interceptions under the warrant; and

(ii) the communication of that information to persons other than officers of the Police Force; and

S. 7(1)(c) amended by No. 87/2009 s. 36(1).

(c) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—

S. 7(1)(c)(i) amended by No. 87/2009 ss 33(7)(b), 36(2).

(i) Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Police Minister's report under that Division relating to the year ending on that 30 June; and

(ii) can be derived from the records of the Police Force.

(2) The Chief Commissioner of Police must give to the Attorney-General—

S. 7(2)(a) repealed by No. 82/2012 s. 65(b).

(b) a copy of each report referred to in subsection (1)(c).

S. 8 (Heading) substituted by No. 87/2009 s. 33(7)(c).

8 Documents to be given by State Police Minister to Commonwealth Minister

S. 8 amended by No. 87/2009 s. 33(7)(d)(e).

The Police Minister must give to the Minister administering the Commonwealth Act, as soon as practicable after—

S. 8(a)(b) repealed by No. 82/2012 s. 66.

is given to the Police Minister, a copy of the warrant, instrument or report, as the case may be.

9 Keeping and destruction of restricted records

(1) The Chief Commissioner of Police must cause a restricted record (whether made before or after the commencement of section 35 of the Commonwealth Act) that is in the possession of the Police Force to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.

(2) The Chief Commissioner of Police must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if he or she is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the Police Force, other than a purpose connected with an inspection of the kind referred to in section 11 or with a report on such an inspection.

Pt 2A (Heading and ss 9A–9E) inserted by No. 87/2005 s. 24, amended by No. 87/2009 s. 33(7)(f)–(k), 37–39, repealed by No. 82/2012 s. 67.

Pt 2B (Heading and ss 9F–9H) inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

Part 2B—Functions of the IBAC

S. 9F inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

9F Documents connected with issue of warrants to be kept

The IBAC Commissioner must cause to be kept in the records of the IBAC—

(a) each warrant issued to the IBAC; and

(b) a copy of each notification by the IBAC Commissioner under section 59A of the Commonwealth Act; and

(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and

(e) a copy of each authorisation by the IBAC Commissioner under section 66(2) of the Commonwealth Act; and

(f) particulars of any telephone application for a Part 2–5 warrant made by the IBAC.

S. 9G inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

9G Other records to be kept in connection with interceptions

(1) The IBAC Commissioner must cause—

(a) in relation to each application by the IBAC for a Part 2–5 warrant, a statement as to whether—

(i) the application was withdrawn or refused; or

(ii) a warrant was issued on the application; and

(b) in relation to each Part 2–5 warrant whose authority is exercised by the IBAC, particulars of—

(i) the warrant; and

(ii) the day on which, and the time at which, each interception under the warrant began; and

(iii) the duration of each such interception; and

(iv) the name of the person who carried out each such interception; and

(v) in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant; and

(i) if the restricted record is a record obtained by an interception under a warrant issued to the IBAC, that warrant; and

(ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the IBAC; and

(iii) each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the IBAC; and

(iv) each agency or other body (if any) from or to which, or other person (if any) from or to whom, the IBAC received or supplied the restricted record; and

(d) particulars of each use made by the IBAC of lawfully intercepted information; and

(e) particulars of each communication of lawfully intercepted information by an IBAC Officer to a person or body other than an IBAC Officer; and

(f) particulars of each occasion when, to the knowledge of an IBAC Officer, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the IBAC—

to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

(2) The IBAC Commissioner must cause to be kept in the records of the IBAC each record that the IBAC Commissioner has caused to be made under this section.

S. 9GA inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

9GA Documents to be given to Minister

(1) The IBAC Commissioner must give to the Minister—

(a) within 3 months after a warrant issued to the IBAC ceases to be in force, a written report about—

(i) the use made by the IBAC of information obtained by interceptions under the warrant; and

(ii) the communication of that information to persons other than IBAC Officers; and

(b) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out such information as—

(i) Division 2 of Part 2–8 of the Commonwealth Act requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and

(ii) can be derived from the records of the IBAC.

(2) The IBAC Commissioner must give to the Attorney-General a copy of each report referred to in subsection (1)(b).

S. 9GB inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

9GB Documents to be given by State Minister to Commonwealth Minister

The Minister must give to the Minister administering the Commonwealth Act a copy of a report of a kind referred to in section 9GA(1)(a) or (b) as soon as practicable after the report is given to the Minister.

S. 9H inserted by No. 13/2012 s. 15 (as amended by No. 82/2012 s. 150).

9H Keeping and destruction of restricted records

(1) The IBAC Commissioner must cause a restricted record that is in the possession of the IBAC to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.

(2) The IBAC Commissioner must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if the IBAC Commissioner is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the IBAC, other than a purpose connected with an inspection of the kind referred to in section 14 or with a report on such an inspection.

Pt 3 (Heading) amended by Nos 82/2012 s. 68, 31/2024 s. 113(Sch. 1 item 38.2).

Pt 3 (Heading and ss 10–20) substituted as Pt 3
(Heading and ss 10–20C) by No. 87/2005 s. 25.

Part 3—Functions of Integrity Oversight Victoria

Division 1—Introduction

S. 10 substituted by No. 87/2005 s. 25, amended by Nos 82/2012 s. 69(a), 31/2024 s. 113(Sch. 1 item 38.3).

10 Functions—generally

Integrity Oversight Victoria may—

(a) inspect records of the Police Force in order to ascertain the extent of compliance by officers of the Police Force with Part 2; and

S. 10(b) substituted by No. 82/2012 s. 69(b).

(b) inspect records of the IBAC in order to ascertain the extent of compliance by IBAC Officers with Part 2B;

S. 10(c) substituted by No. 87/2009 s. 33(7)(l), amended by No. 82/2012 s. 69(c).

(c) report to the Police Minister about the results of the inspections referred to in paragraph (a) and the Minister about the results of the inspections referred to in paragraph (b); and

(d) do anything incidental or conducive to the performance of any of the preceding functions.

Division 2—Inspection of records of Police Force

S. 11 substituted by Nos 87/2005 s. 25, 82/2012 s. 70.

11 Regular inspections of records of Police Force

S. 11(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(a)).

(1) Integrity Oversight Victoria must inspect the records of the Police Force at least twice during each financial year in order to ascertain the extent to which the officers of the Police Force have complied with Part 2 since the last inspection under this Division of the records of the Police Force.

S. 11(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(a)).

(2) Integrity Oversight Victoria may, at any time, inspect records of the Police Force in order to ascertain the extent to which officers of the Police Force have complied, during any period, with Part 2.

S. 11(3) amended by No. 31/2024 s. 113(Sch. 1 item 38.4(b)).

(3) Despite subsection (1), any inspection done by the Special Investigations Monitor under section 11 as in force immediately before its substitution by the Integrity and Accountability Legislation Amendment Act 2012 during the financial year in which this section is substituted is taken to be an inspection by Integrity Oversight Victoria required to be done by Integrity Oversight Victoria under subsection (1) during that financial year.

S. 12 substituted by No. 87/2005 s. 25.

12 Reports

S. 12(1) amended by Nos 87/2009 s. 33(7)(a), 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).

(1) Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Police Minister in writing, about the results of the inspections under section 11(1), during that financial year, of records of the Police Force.

S. 12(2) amended by Nos 87/2009 s. 33(7)(a), 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).

(2) Integrity Oversight Victoria may report to the Police Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Police Minister or the Attorney-General.

S. 12(3) amended by Nos 82/2012 s. 71, 31/2024 s. 113(Sch. 1 item 38.5).

(3) Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the Chief Commissioner of Police and to the Attorney-General.

S. 13 (Heading) substituted by No. 82/2012 s. 72(1), amended by No. 31/2024 s. 113(Sch. 1 item 38.6).

S. 13 substituted by No. 87/2005 s. 25, amended by Nos 82/2012 s. 72(2), 31/2024 s. 113(Sch. 1 item 38.7).

13 Integrity Oversight Victoria may report on contraventions

If, as a result of an inspection under this Division of the records of the Police Force, Integrity Oversight Victoria is of the opinion that an officer of the Police Force has contravened—

(a) a provision of the Commonwealth Act; or

S. 13(b) amended by No. 82/2012 s. 72(3).

(b) a requirement referred to in section 7(1)(b)—

Integrity Oversight Victoria may include in his or her report on the inspection a report on the contravention.

Pt 3 Div. 3 (Heading and ss 14–16) amended by Nos 87/2005 s. 25, 87/2009 s. 33(7)(g), substituted by No. 82/2012 s. 73.

Division 3—Inspection of records of the IBAC

S. 14 substituted by No. 82/2012 s. 73.

14 Regular inspections of records of the IBAC

S. 14(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.8).

(1) Integrity Oversight Victoria must inspect the records of the IBAC—

(a) at least once during the period beginning on the commencement day and ending on the following 30 June; and

(b) at least twice during each financial year beginning after the 30 June referred to in paragraph (a)—

in order to ascertain the extent to which IBAC Officers have complied with Part 2B since the commencement day, or since the last inspection under this Division of the records of the IBAC, as the case requires.

S. 14(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.8).

(2) Integrity Oversight Victoria may at any time inspect records of the IBAC in order to ascertain the extent to which IBAC Officers have complied, during any period, with Part 2B.

(3) In this section—

commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation.

S. 15 substituted by No. 82/2012 s. 73.

15 Reports

S. 15(1) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).

(1) Integrity Oversight Victoria must, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing about the results of the inspections of records of the IBAC under section 14(1) during that financial year.

S. 15(2) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).

(2) Integrity Oversight Victoria may report to the Minister in writing at any time about the results of an inspection under this Division and must do so if so requested by the Minister or the Attorney-General.

S. 15(3) amended by No. 31/2024 s. 113(Sch. 1 item 38.9).

(3) Integrity Oversight Victoria must give a copy of a report under subsection (1) or (2) to the IBAC Commissioner and to the Attorney-General.

S. 16 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 38.10).

S. 16 substituted by No. 82/2012 s. 73, amended by No. 31/2024 s. 113(Sch. 1 item 38.11).

16 Integrity Oversight Victoria may report on contraventions

If, as a result of an inspection under this Division of the records of the IBAC, Integrity Oversight Victoria is of the opinion that an IBAC Officer has contravened a provision of the Commonwealth Act or a requirement referred to in section 9GA(1)(a), Integrity Oversight Victoria may include a report on that contravention in its report.

Division 4—General functions and powers

S. 17 substituted by No. 87/2005 s. 25.

17 Definitions

In this Division—

S. 17 def. of relevant agency amended by No. 82/2012 s. 74(a).

relevant agency means—

(a) the Police Force, in relation to an inspection of the records of the Police Force;

(b) the IBAC, in relation to an inspection of the records of the IBAC;

S. 17 def. of relevant agency head amended by No. 82/2012 s. 74(b).

relevant agency head means—

(a) the Chief Commissioner of Police, in relation to an inspection of the records of the Police Force;

(b) the IBAC Commissioner, in relation to an inspection of the records of the IBAC;

S. 17 def. of relevant person amended by No. 82/2012 s. 74(c).

relevant person means—

(a) an officer of the Police Force, in relation to an inspection of the records of the Police Force;

(b) an IBAC Officer, in relation to an inspection of the records of the IBAC.

S. 18 (Heading) amended by Nos 82/2012 s. 75(1), 31/2024 s. 113(Sch. 1 item 38.12).

S. 18 substituted by No. 87/2005 s. 25.

18 Integrity Oversight Victoria's general powers

S. 18(1) amended by Nos 82/2012 s. 75(2), 31/2024 s. 113(Sch. 1 item 38.13(a)).

(1) For the purposes of an inspection under this Part, Integrity Oversight Victoria—

(a) may, after notifying the relevant agency head, enter at any reasonable time premises occupied by the relevant agency; and

(b) is entitled to have full and free access at all reasonable times to all records of the relevant agency; and

S. 18(1)(d) amended by Nos 82/2012 s. 75(2), 31/2024 s. 113(Sch. 1 item 38.13(a)).

(d) may require a relevant person to give Integrity Oversight Victoria any information Integrity Oversight Victoria considers necessary, being information that is in the relevant person's possession, or to which the relevant person has access, and that is relevant to the inspection.

S. 18(2) substituted by No. 82/2012 s. 75(3), amended by No. 31/2024 s. 113(Sch. 1 item 38.13).

(2) The relevant agency head must ensure that relevant persons provide to Integrity Oversight Victoria any assistance that Integrity Oversight Victoria reasonably requires in connection with the exercise of Integrity Oversight Victoria's functions under this Part in relation to the relevant agency.

S. 19 substituted by No. 87/2005 s. 25.

19 Power to obtain relevant information

S. 19(1) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(b)).

(1) If Integrity Oversight Victoria has reason to believe that a relevant person is able to give information relevant to an inspection under this Part, subsections (2) and (3) have effect.

S. 19(2) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14).

(2) Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to give the information to Integrity Oversight Victoria—

(a) by writing signed by the relevant person; and

(b) at a specified place and within a specified period.

S. 19(3) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(a)).

(3) Integrity Oversight Victoria may, by writing given to the relevant person, require him or her to attend—

(a) before a specified inspecting officer; and

(b) at a specified place; and

in order to answer questions relevant to the inspection.

S. 19(4) amended by Nos 82/2012 s. 76, 31/2024 s. 113(Sch. 1 item 38.14(b)).

(4) If Integrity Oversight Victoria—

(a) has reason to believe that a relevant person is able to give information relevant to an inspection under this Part; and

(b) does not know the relevant person's identity—

Integrity Oversight Victoria may, by writing given to the relevant agency head, require the relevant agency head, or a person nominated by the relevant agency head, to attend—

(d) at a specified place; and

(e) within a specified period or at a specified time on a specified day—

in order to answer questions relevant to the inspection.

(5) The place, and the period or the time and day, specified in a requirement under this section must be reasonable having regard to the circumstances in which the requirement is made.

S. 20 (Heading) amended by Nos 82/2012 s. 77(1), 31/2024 s. 113(Sch. 1 item 38.15).

S. 20 substituted by No. 87/2005 s. 25.

20 Integrity Oversight Victoria to be given information and access despite other laws

(1) Despite any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty but—

(a) the information, the answer, or the fact that the person has so given access to the document, as the case may be; and

(b) any information or thing (including a document) obtained as a direct consequence of giving the first-mentioned information, answering the question or giving access to the first-mentioned document, as the case may be—

is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 23.

(2) Nothing in any other law prevents a relevant person from—

(a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

(b) giving to an inspecting officer access to a record of a relevant agency—

for the purposes of an inspection under this Part.

(3) Nothing in any other law prevents a relevant person from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).

S. 20A inserted by No. 87/2005 s. 25.

20A Dealing with information for the purposes of inspection and report

If—

(a) information is given or communicated to an inspecting officer, as permitted by section 20(2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part; or

(b) an inspecting officer obtains information as a result of being given access to records, as permitted by section 20(2), for the purposes of an inspection under this Part—

the inspecting officer may, despite any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part.

S. 20B (Heading) amended by Nos 82/2012 s. 77(2), 31/2024 s. 113(Sch. 1 item 38.16).

S. 20B inserted by No. 87/2005 s. 25.

20B Integrity Oversight Victoria not to be sued

An inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the exercise, or the purported exercise, of a function conferred by this Part.

S. 20C (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 38.17).

S. 20C inserted by No. 87/2005 s. 25, amended by No. 87/2009 s. 33(7)(m), substituted by No. 82/2012 s. 78, amended by No. 31/2024 s. 113(Sch. 1 item 38.18).

20C Delegation by Integrity Oversight Victoria

Integrity Oversight Victoria may delegate to an inspecting officer any of Integrity Oversight Victoria's functions or powers under this Act, other than—

(a) this power of delegation; and

(b) a power to report to the Police Minister or the Minister.

Part 4—Miscellaneous

S. 21 amended by Nos 87/2005 s. 26(a), 87/2009 s. 33(7)(n), 82/2012 s. 79.

21 Copies of reports for Commonwealth Minister

The Police Minister or the Minister (as the case requires) must give the Minister administering the Commonwealth Act, as soon as practicable after a report on an inspection of the kind referred to in section 11 or 14 is given to the Police Minister or to the Minister, a copy of the report.

22 Disclosure by persons under the Minister's administration

A person, other than an inspecting officer, engaged in the administration of this Act must not disclose any information or record obtained by the person in the administration of this Act, unless the disclosure is made—

(a) in accordance with the Commonwealth Act; or

(b) for the purpose of any proceedings under—

(i) section 22 of the Ombudsman Act 1973; or

S. 22(b)(ii) amended by No. 69/2009 s. 54(Sch. Pt 2 item 51).

(ii) Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958; or

10 penalty units.

23 Offences relating to inspections under Part 3

S. 23(1) amended by No. 87/2005 s. 26(b)(i).

(1) A person must not, without reasonable excuse, refuse or fail—

(a) to attend before a person; or

(b) to furnish information; or

when required under section 19 to do so.

(2) A person must not—

S. 23(2)(a) amended by Nos 87/2005 s. 26(b)(ii), 82/2012 s. 80, 31/2024 s. 113(Sch. 1 item 38.19).

(a) without reasonable excuse, wilfully obstruct, hinder or resist a person in connection with the exercise of Integrity Oversight Victoria's functions under Part 3; or

(b) give to an inspecting officer, in connection with an inspection under Part 3, information or a statement that the first-mentioned person knows to be false or misleading in a material particular.

10 penalty units or imprisonment for 6 months.

24 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may impose a penalty not exceeding 5 penalty units for a contravention of the regulations.

S. 25 inserted by No. 82/2012 s. 81.

25 Transitional provisions—Independent Broad-based Anti‑corruption Commission Act 2011

(1) On and from the commencement day, any functions, duties or obligations of the Director under Part 2A, as in force immediately before its repeal, that are not completed by the Director before the commencement day must be performed by the IBAC Commissioner.

(2) Without limiting subsection (1), despite the repeal of Part 2A, the IBAC must comply with any reporting requirements of the Director under that Part if those requirements have not been completed before the commencement day and for that purpose, that Part, as in force immediately before its repeal, applies as if a reference to the Director were a reference to the IBAC Commissioner.

(3) In this section—

commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation;

Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal.

S. 26 inserted by No. 82/2012 s. 81.

26 Transitional provisions—Victorian Inspectorate Act 2011

(1) On and from the commencement day, any functions, duties or obligations of the SIM under Part 3 as in force immediately before the commencement day that are not completed by the SIM before the commencement day must be performed by the Victorian Inspectorate.

(2) Without limiting subsection (1), despite the substitution of Division 3 of Part 3 by the Integrity and Accountability Legislation Amendment Act 2012, the Inspector must comply with any reporting requirements of the SIM under that Division of that Part if those requirements have not been completed before that substitution and for that purpose, that Division of that Part, as in force immediately before its substitution, applies as if a reference to the SIM were a reference to the Victorian Inspectorate.

(3) In this section—

commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation;

SIM means the Special Investigations Monitor appointed under section 5 of the Major Crime (Special Investigations Monitor) Act 2004 as in force immediately before its repeal.

S. 26(4) inserted by No. 31/2024 s. 113(Sch. 1 item 38.20).

(4) On and after the commencement of item 38.20 of Schedule 1 to the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, unless the context otherwise requires—

(a) a reference to the Victorian Inspectorate Act 2011 in this section includes a reference to the Integrity Oversight Victoria Act 2011; and

(b) a reference to "the Victorian Inspectorate" in this section includes a reference to "Integrity Oversight Victoria"; and

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 14 April 1988

Legislative Council: 5 May 1988

The long title for the Bill for this Act was "A Bill to enable the Police Force of Victoria to intercept telecommunications in accordance with the Telecommunications (Interception) Act 1979 of the Commonwealth and for other purposes.".

The Telecommunications (Interception) (State Provisions) Act 1988 was assented to on 24 May 1988 and came into operation on 27 October 1988: Government Gazette 26 October 1988 page 3219.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Telecommunications (Interception) (State Provisions) Act 1988 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Telecommunications (Interception) (State Provisions) (Amendment) Act 1993, No. 116/1993

Assent Date:	7.12.93
Commencement Date:	7.12.93: s. 2
Current State:	All of Act in operation

Telecommunications (Interception) (State Provisions) (Amendment) Act 2001, No. 65/2001

Assent Date:	23.10.01
Commencement Date:	24.10.01: s. 2
Current State:	All of Act in operation

Australian Crime Commission (State Provisions) Act 2003, No. 52/2003

Assent Date:	16.6.03
Commencement Date:	S. 52(Sch. 1 item 13) on 17.6.03: s. 2(1)
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005

Assent Date:	29.11.05
Commencement Date:	Ss 21–26 on 1.7.06: Government Gazette 29.6.06 p. 1314
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Police Integrity Act 2008, No. 34/2008

Assent Date:	1.7.08
Commencement Date:	S. 143(Sch. 2 item 12) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 51) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	Ss 32–39 on 16.12.09: s. 2(1)
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Public Interest Monitor Act 2011, No. 72/2011 (as amended by No. 82/2012)

Assent Date:	6.12.11
Commencement Date:	S. 43 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012, No. 13/2012 (as amended by No. 82/2012)

Assent Date:	20.3.12
Commencement Date:	Ss 14(1)(2)(b)(c), 15 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1; s. 14(2)(a) never proclaimed, repealed by No. 82/2012 s. 149(2)(a)
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 63–81 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 166) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 31–33 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 38) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Telecommunications (Interception) (State Provisions) Act 1988

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3 Explanatory details

No entries at date of publication.

1 Telecommunications (Interception) (State Provisions) Act 1988

Version No. 027

Telecommunications (Interception) (State Provisions) Act 1988

No. 46 of 1988

Version incorporating amendments as at
10 February 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

Part 1A—Functions of Public Interest Monitor—Part 2‑5 Warrants 12

4 Application of Part 1A 12

4A Public Interest Monitor must be notified 12

4B Full disclosure to Public Interest Monitor 13

4C Public Interest Monitor to be given further information 13

4D Role of Public Interest Monitor 13

4E Confidentiality provisions do not apply 14

Part 1B—Functions of Public Interest Monitor—international production orders 15

4F Application of this Part 15

4G Public Interest Monitor must be notified 15

4H Full disclosure to Public Interest Monitor 16

4I Public Interest Monitor to be given further information 16

4J Role of Public Interest Monitor 17

4K Confidentiality provisions do not apply 18

Part 2—Functions of the Police Force 20

5 Documents connected with issue of warrants to be kept 20

6 Other records to be kept in connection with interceptions 20

7 Documents to be given to the Minister 22

8 Documents to be given by State Police Minister to Commonwealth Minister 23

9 Keeping and destruction of restricted records 24

Part 2B—Functions of the IBAC 25

9F Documents connected with issue of warrants to be kept 25

9G Other records to be kept in connection with interceptions 25

9GA Documents to be given to Minister 27

9GB Documents to be given by State Minister to Commonwealth Minister 28

9H Keeping and destruction of restricted records 28

Part 3—Functions of Integrity Oversight Victoria 30

Division 1—Introduction 30

10 Functions—generally 30

Division 2—Inspection of records of Police Force 31

11 Regular inspections of records of Police Force 31

The Act centralises a small number of recurring statutory concepts, each of which defines who acts, what must be recorded, and what inspection and oversight apply.

Permitted purpose defines the lawful uses of intercepted material under the state regime. The definition in s 3(1) sets out different permitted purposes for the Police Force and the IBAC. For the Police Force those include investigations of prescribed offences under the Commonwealth Act, decisionmaking about commencing relevant proceedings, exercise of certain Commonwealth Act powers (s 68), keeping records under ss 5, 6 and 9, inspections under s 11, inspection reports, investigations or inquiries into alleged misbehaviour and related personnel decisions, and deliberations of the Governor in Council in connection with advice to terminate appointments (see s 3(1) para (a) subparas (i)-(xiii)). For the IBAC, permitted purposes include IBAC investigations under the IBAC Act, IBAC reports and recommendations, investigations of prescribed offences and the keeping of records under ss 9F, 9G and 9H (see s 3(1) para (b)). The definition matters because the retention and destruction of restricted records is conditional on whether they are likely to be required for a permitted purpose, ss 9(2) and 9H(2).

Part 2-5 warrant refers to warrants under Parts 2-5 of the Commonwealth Act; the Act adopts that terminology in s 3(1) and it is the central trigger for many obligations in Parts 1A, 2 and 2B. The 2024 amendments added international production orders as a discrete category where Public Interest Monitor notification and disclosure also apply (Pt 1B, ss 4F-4K) for individual transmission services and individual message/call application services.

Public Interest Monitor is a procedural check. The Act requires applicants to notify and disclose to the Public Interest Monitor before seeking part 2-5 warrants or international production orders, ss 4A, 4B, 4C, 4G, 4H and 4I. The Public Interest Monitor may appear at hearing, question witnesses and make submissions to the issuing authority about sufficiency and appropriateness, ss 4D and 4J. Confidentiality obligations that might otherwise prevent such disclosures are overridden by ss 4E and 4K.

Records, restricted records and reportability. The Chief Commissioner and the IBAC Commissioner must maintain detailed records about warrants, notifications, revocations, certificates, authorisations and particulars about telephone applications and interceptions, ss 5-6 and 9F-9G. Restricted records are defined as records obtained by interception other than copies (s 3(1)), and both agencies must keep restricted records securely and destroy them if not likely to be required for a permitted purpose, ss 9(1)-(2) and 9H(1)-(2). Both agencies must provide reports to the relevant state Minister within specified timeframes after warrants cease and annually with the information required under the Commonwealth Act, ss 7(1)(b)-(c) and 9GA.

Integrity Oversight Victoria is the statutory auditor. It must inspect agency records regularly (ss 11 and 14), report to Ministers annually within three months after the financial year end and on request (ss 12 and 15), and may include findings of contravention of the Commonwealth Act or state reporting requirements in its reports (ss 13 and 16). It has statutory powers to enter premises after notifying the agency head, access and copy records, require information and compel attendance (ss 18-19). Sections 20 and 20A are explicit that, despite other laws, persons cannot invoke secrecy, public interest or self‑incrimination to refuse to provide information, with limited admissibility protections described below.

Compulsion, admissibility and immunity. Integrity Oversight Victoria can compel information and attendance, and s 20(1) provides that information given or access provided is not admissible in evidence against the person, except in prosecution for an offence under s 23. Section 20B protects inspecting officers from civil suit for acts done in good faith in performing Part 3 functions. Section 20A permits inspectors to share and use information for inspection and reporting purposes despite other laws.

Offences and penalties. The Act creates criminal and administrative consequences: failure to disclose adverse matters to the Public Interest Monitor attracts a penalty of 60 penalty units or imprisonment for six months or both, ss 4B(2) and 4H(2). Refusing to comply with s 19 attendance or information requirements without reasonable excuse, willful obstruction of Integrity Oversight Victoria, and giving false or misleading information attract penalties set out in s 23 (10 penalty units or six months imprisonment for some offences). Unauthorised disclosure by persons involved in administering the Act is penalised at 10 penalty units under s 22.

Delegation and scope. Integrity Oversight Victoria may delegate most functions to inspecting officers subject to specified exceptions, s 20C. The Act repeatedly cross‑references the Commonwealth Act and several state Acts, making the state regime heavily dependent on the structure and definitions of those instruments, s 3(2).

These core concepts form the operating architecture. The Act does not itself alter the substantive legal standard for when a warrant or international production order may be issued under Commonwealth law. Instead it adds procedural constraints on Victorian applicants, recordkeeping and an inspection regime to assure compliance with both Commonwealth and state report/record obligations.

Primary affected parties are identified in the statute and can be grouped into three categories: agencies and their officers who exercise interception functions, oversight bodies and Ministers, and third parties whose communications or data may be intercepted or produced.

Agencies and officers. The Act applies expressly to Victoria Police (the Police Force) and IBAC. The Police Force is defined as Victoria Police, s 3(1). IBAC and IBAC Officer are defined by reference to the Independent Broad‑based Anti‑corruption Commission Act 2011, s 3(1) inserts. Officers of the Police Force or IBAC Officers who intend to apply under the Commonwealth Act for Part 2-5 warrants or for international production orders are subject to procedural duties: notifying and making full disclosure to the Public Interest Monitor, ss 4, 4A-4D and 4F-4J. Agency heads have recordkeeping obligations: the Chief Commissioner of Police must cause prescribed records to be kept in the Police Force records, s 5 and s 6; the IBAC Commissioner has parallel duties under ss 9F-9G and 9H.

Public Interest Monitor. The Public Interest Monitor is a statutory entity whose role is to receive notifications, review applications and submissions and to appear before the issuing authority to test sufficiency and appropriateness, ss 4A-4D and 4G-4J. The Public Interest Monitor is entitled to receive copies of applications, affidavits and telephone application information, and is protected from secrecy obligations that might otherwise prevent disclosure, ss 4A(2)-(3), 4E and 4K.

Integrity Oversight Victoria and inspecting officers. The Act delegates inspection and audit authority to Integrity Oversight Victoria, which must inspect records at least twice each financial year for the Police Force and at least twice each financial year for the IBAC, ss 11 and 14. Inspecting officers (defined as Integrity Oversight Victoria officers) have statutory powers to enter premises, access and copy records, require information and compel attendance, ss 18-19. Inspecting officers are shielded from civil suits for acts done in good faith in exercising those powers, s 20B.

Ministers and the Commonwealth Minister. The Police Minister and the state Minister responsible for IBAC must receive reports from agency heads within specified periods and must provide copies of specified reports and warrants to the Commonwealth Minister (ss 7, 8, 9GA and 9GB). The officials who receive reports are charged with forwarding the required copies to the Commonwealth Minister as soon as practicable, s 8 and s 9GB. The state Ministers therefore play a role in intergovernmental reporting and information flow to the Commonwealth regime.

Persons subject to interception and third parties. The Act’s definition of communication and record is broad and expressly includes text, data, images and signals, s 3(1) definitions of communication and record. Restricted record is defined as a record obtained by interception, s 3(1). While the Act does not directly name categories of private persons whose communications may be intercepted, the consequence of enabling Victoria Police and IBAC to obtain Part 2-5 warrants and international production orders under the Commonwealth Act means that members of the public and private sector entities holding communications data are potentially affected. The Act also creates obligations that interact with secrecy laws by overriding confidentiality when an officer must disclose to the Public Interest Monitor or provide access to inspectors, ss 4E, 4K and s 20.

Other bodies. The Act cross‑references the Ombudsman Act 1973 and the Evidence (Miscellaneous Provisions) Act 1958 as permitted bases for disclosure of information held under the Act, s 22(b). That creates a pathway for administrative review and evidentiary processes beyond the Commonwealth Act reporting chain.

Who pays and who decides. The costs of compliance lie primarily with the Police Force and the IBAC who must maintain records, produce reports, secure restricted records and support inspections, ss 5-6 and 9F-9H. The state Ministers decide which reports are forwarded to the Commonwealth Minister, and the issuing authority under the Commonwealth Act continues to decide whether to issue warrants or international production orders. The Public Interest Monitor and Integrity Oversight Victoria act as procedural third parties that can materially influence the issuance of warrants (Public Interest Monitor’s right to appear and make submissions, ss 4D and 4J) and can audit agency behaviour (Part 3).

Who bears enforcement risk. Individual officers who knowingly or recklessly fail to disclose adverse matters to the Public Interest Monitor face criminal penalty under s 4B(2) and s 4H(2). Persons who obstruct or give false information in inspections face prosecution under s 23. Inspecting officers are insulated from civil suits for acts done in good faith, s 20B. The effect is concentrated compliance risk on agency officers and administrative costs for agencies, with oversight authority vesting in Independent bodies rather than Ministers alone.

Duties to notify and disclose to the Public Interest Monitor. If an officer of the Police Force or an IBAC Officer intends to apply under the Commonwealth Act for a Part 2-5 warrant or for an international production order in relation to individual transmission services or individual message/call application services, the officer must notify the Public Interest Monitor in accordance with regulations under the Public Interest Monitor Act 2011, s 4 and s 4A(1) and s 4G(1). Written applicants must give the Monitor copies of the written application and the accompanying affidavits, s 4A(2) and s 4G(2). Telephone applicants must provide the information required under the corresponding Commonwealth Act provisions or Schedule 1 clauses, s 4A(3) and s 4G(3). Officers must fully disclose to the Public Interest Monitor all matters of which they are aware that are adverse to issuing the warrant or international production order, s 4B(1) and s 4H(1). A knowing or reckless failure to comply is a criminal offence with penalty of 60 penalty units or imprisonment for six months, or both, s 4B(2) and s 4H(2).

Public Interest Monitor rights. The Public Interest Monitor is entitled to appear at the hearing of the application to test content and sufficiency of the information and circumstances of the application, to ask questions of any person giving information to the issuing authority, and to make submissions to the issuing authority about appropriateness of issuing the warrant or international production order, including on specified matters set out in the Commonwealth Act or its Schedule 1, ss 4D(1)(a)-(c) and 4J(1)(a)-(c). The Monitor can make submissions in person or by other reasonable means, s 4D(2) and 4J(2). The Monitor must return documents given by the officer as soon as practicable after the hearing, s 4D(3) and 4J(3).

Overriding of confidentiality. Sections 4E(2) and 4K(2) state that obligations to maintain secrecy or other restrictions on disclosure do not apply to disclosures or production of documents under Part 1A or Part 1B. The sections identify the persons to whom the override applies, including officers of the Police Force and IBAC Officers and persons giving information to the issuing authority, ss 4E(1) and 4K(1). The effect is a legislative authorisation that removes statutory or common law secrecy barriers to disclosure to the Public Interest Monitor.

Recordkeeping and reporting duties. The Chief Commissioner of Police and IBAC Commissioner must keep in their records copies of each warrant issued to them, each notification under s 59A of the Commonwealth Act, instruments revoking warrants, certificates under s 61(4) of the Commonwealth Act, authorisations under s 66(2) of the Commonwealth Act and particulars of any telephone application for a Part 2-5 warrant, ss 5 and 9F. They must also maintain detailed particulars about applications, interceptions, restricted records, uses and communications of intercepted information and evidentiary uses in relevant proceedings, ss 6(1)(a)-(e) and 9G(1)(a)-(f). Those records must be kept in written or computer form as soon as practicable after the events, s 6(1).

Security and destruction. The Chief Commissioner and IBAC Commissioner must keep restricted records in a secure place where access is limited to authorised persons, s 9(1) and s 9H(1). They must destroy restricted records forthwith if satisfied the record is not likely to be required for a permitted purpose other than for inspections or reports, s 9(2) and s 9H(2).

Reporting timelines. The Chief Commissioner and IBAC Commissioner must give the relevant state Minister within three months after a warrant issued to them ceases to be in force, a written report about the use made of information obtained under the warrant and the communication of that information to persons other than officers, ss 7(1)(b) and 9GA(1)(a). They must also give, as soon as practicable and in any event within three months after each 30 June, a written report that sets out information required by Division 2 of Part 2-8 of the Commonwealth Act and any information that can be derived from the agency records, ss 7(1)(c) and 9GA(1)(b). Copies of those reports must be given to the Attorney‑General and to the Commonwealth Minister, ss 7(2) and 9GA(2) and s 8 and 9GB.

Inspection and compulsion powers. Integrity Oversight Victoria must inspect Police Force records at least twice each financial year and may inspect more often, s 11. It must inspect the IBAC records at least once in the initial period and twice each financial year thereafter (s 14). Integrity Oversight Victoria must report to the Police Minister and to the IBAC Minister respectively within three months after the end of each financial year on inspection results, ss 12 and 15, and must give copies of reports to agency heads and the Attorney‑General, ss 12(3) and 15(3). For inspections, Integrity Oversight Victoria may, after notifying the relevant agency head, enter premises occupied by the agency at reasonable times, have full access to all records, copy and extract records despite any other law, and require relevant persons to give information and assistance, ss 18(1)(a)-(d) and 18(2). Integrity Oversight Victoria may, by written notice, require a relevant person to give information in writing and to attend before an inspecting officer for questioning, s 19.

Admissibility and immunity. Section 20(1) makes clear that despite any other law, a person is not excused from giving information, answering questions, or giving access for inspections on grounds that it would contravene a law, be contrary to public interest or tend to incriminate the person. But it also creates a narrow admissibility protection: the information, answer, and the fact of giving access and any direct consequence of those things are not admissible in evidence against the person except in a prosecution for an offence against s 23. Section 20B provides that an inspecting officer or person acting under an inspecting officer’s direction is not liable to an action, suit or proceeding for acts done in good faith in the exercise or purported exercise of a function under Part 3. Section 20A allows inspecting officers to communicate and use information obtained for inspection and report purposes despite other laws.

Offences. Key offences are: failing to make full disclosure to the Public Interest Monitor knowingly or recklessly, s 4B(2) and s 4H(2) (60 penalty units or 6 months imprisonment or both); unauthorised disclosure by persons under the Minister’s administration, s 22 (10 penalty units); and offences related to inspections , refusing or failing without reasonable excuse to attend, furnish information, or answer questions when required under s 19, wilfully obstructing, hindering or resisting an inspecting officer, or giving false or misleading statements to an inspecting officer, s 23 (penalties include 10 penalty units or imprisonment for 6 months as specified). The statutory arrangement therefore combines compulsion with limited protections against self‑incrimination and immunities for inspectors.

Delegation and procedural detail. Integrity Oversight Victoria may delegate functions to inspecting officers except the power of delegation and the power to report to Ministers, s 20C. The regulations may prescribe details of notification to the Public Interest Monitor, s 4A(1) and s 4G(1) reference the Public Interest Monitor Act regulations. The Act also includes a general regulation‑making power with penalties not exceeding 5 penalty units, s 24.

The Act establishes a layered enforcement regime combining criminal penalties for certain officer failures, administrative obligations enforced through inspection and reporting, compulsion powers backed by criminal penalties for obstruction and falsehood, and institutional protections and immunities for inspectors.

Criminal penalties for failing to disclose to the Public Interest Monitor. Sections 4B(2) and 4H(2) create identical offences that apply where an officer knowingly or recklessly fails to comply with the duty to fully disclose to the Public Interest Monitor all matters adverse to issuing a Part 2-5 warrant or an international production order. The prescribed penalty is 60 penalty units or imprisonment for six months or both. Those sections place positive disclosure obligations on applicants to signal adverse matters to the independent procedural reviewer before the issuing authority exercises its discretion.

Offences related to inspections. Section 23 sets out multiple offences in the context of Part 3 inspections. Subsection (1) creates an offence for refusal or failure, without reasonable excuse, to attend before a person, furnish information, or answer a question when required under s 19, with the consequence indicated by the general heading and by the placement in the Act. Subsection (2) creates offences for wilful obstruction, hindrance or resistance of an inspecting officer without reasonable excuse and for giving to an inspecting officer information or a statement known to be false or misleading in a material particular. The prescribed maximum penalties for those offences are 10 penalty units or imprisonment for six months (the Act places both forms of penalty in the marginal note and end of subsection). Section 20(1) indicates that while persons cannot rely on other laws, public interest or self‑incrimination to refuse to provide information, answers or access, the information given or access provided is not admissible in evidence against the person except in a prosecution for an offence against s 23. That exception means prosecutions for obstruction, refusal and falsehood are not barred by the admissibility protection. In short, compelled disclosures are protected from ordinary admissibility but may lead to prosecution under the inspection offences.

Penalties for unauthorised disclosure. Section 22 prohibits persons engaged in the administration of the Act, other than inspecting officers, from disclosing any information or record obtained in the administration of the Act unless the disclosure is in accordance with the Commonwealth Act, for specified proceedings under the Ombudsman Act or Evidence (Miscellaneous Provisions) Act, or for the purpose of discharging functions under this or another Act. The penalty for an unauthorised disclosure under s 22 is 10 penalty units.

Enforcement pathways and reporting. The Act places obligations on agency heads to generate and provide reports to Ministers and for Ministers to forward specified documents to the Commonwealth Minister, ss 7, 8, 9GA and 9GB. Integrity Oversight Victoria can inspect and report contraventions (ss 11-16), and may include findings of contravention of the Commonwealth Act or state reporting requirements in its reports (ss 13 and 16). Those reports are supplied to Ministers and to the Attorney‑General and copied to the Commonwealth Minister, ss 12(3), 15(3) and 21. These information flows create administrative accountability channels and provide the Commonwealth with copies of inspection outcomes.

Operational enforcement mechanics. The Act confers on Integrity Oversight Victoria powers to enter premises after notification to the agency head and to have full access and make copies and extracts of records despite any other law, s 18(1)(a)-(c). Inspectors may require relevant persons to provide information in writing and to attend for questioning, s 19(2)-(3). These powers are backed by the s 23 offences for non‑compliance. Inspecting officers are immune from civil action for acts done in good faith in the exercise of their functions, s 20B, which reduces the risk of procedural delay or litigation to obstruct inspections.

Limits on admissibility and prosecutions. Section 20(1) provides a narrow evidentiary protection for persons compelled to provide information: the information, answer, and direct consequences are not admissible in evidence against that person, except in a prosecution for an offence against s 23. That means information given to inspectors cannot be used against the provider in other prosecutions, but may be used to prosecute offences specific to inspection compliance. Inspectors themselves are not liable for actions in good faith, s 20B, but the Act does not otherwise immunise inspectors from criminal liability for misconduct.

Regulatory offences. Section 24 gives the Governor in Council power to make regulations for the Act and to impose penalties not exceeding 5 penalty units for contraventions of the regulations. This enables the creation of lower level administrative sanctions for detailed procedural breaches implemented in subordinate instruments.

Interplay with Commonwealth Act enforcement. The Act is designed to sit alongside the Commonwealth regime. It requires reporting to the Commonwealth Minister of copies of warrants and reports, ss 8 and 9GB, and adopts definitions and procedural references to the Commonwealth Act and Schedule 1 clauses throughout. Enforcement of the substantive law that allows interception remains with the issuing authority and subject to the Commonwealth Act. The Victorian Act’s enforcement apparatus is therefore primarily administrative and procedural, focusing on recordkeeping, disclosure to the Public Interest Monitor, inspection and reporting, and sanctions for obstruction and non‑disclosure within the state framework.

The Act is expressly cross‑referential to the Commonwealth Telecommunications (Interception and Access) Act 1979 and to multiple Victorian statutes. Section 3 provides that expressions not defined in the state Act have the same meanings as in the Commonwealth Act, s 3(2). The Act adopts the Commonwealth Act’s substantive warrant categories, referring to "Part 2-5 warrant" (s 3(1)), and it directly depends on specific Commonwealth Act sections for procedural content and information requirements in relation to written and telephone applications, see ss 4A(2)-(3), 4C, 4G(2)-(3) and 4I, which refer to ss 42-44 and ss 46/46A of the Commonwealth Act and Schedule 1 clauses. The state Act therefore does not replicate the Commonwealth substantive test for issuing warrants but adds state procedural layers, notably PIM notification and Integrity Oversight inspection.

Public Interest Monitor Act 2011. The Act requires notification of the Public Interest Monitor in accordance with regulations under the Public Interest Monitor Act 2011, s 4A(1) and s 4G(1). The state Act’s procedures for disclosure and the Public Interest Monitor’s participation in applications are therefore implemented through that separate Act’s regulatory framework.

Independent Broad‑based Anti‑corruption Commission Act 2011 and Victoria Police Act 2013. The Act refers to IBAC, the IBAC Commissioner and IBAC Officers by reference to the IBAC Act, and to the Police Minister by reference to the Victoria Police Act 2013, s 3(1) definitions. The Act therefore situates IBAC and Victoria Police within their own statutory governance frameworks while imposing interception recordkeeping, reporting and inspection duties on those agencies that interact with their internal governance and disclosure obligations.

Integrity Oversight Victoria Act 2011 and predecessor inspectorates. The Act imports definitions and functions related to Integrity Oversight Victoria and its officers, s 3(1) entries for "Integrity Oversight Victoria", "Integrity Oversight Victoria Officer" and "Chief Integrity Inspector", and substantive amendments in 2024 updated the Act to reflect the Integrity Oversight Victoria regime. Part 3 tasks Integrity Oversight Victoria to inspect records and report to Ministers, ss 10-20C, and the Act’s inspection powers are designed to align with the oversight bodies established by the Integrity Oversight Victoria Act and predecessor instruments noted in the transitional provisions, ss 25-26.

Ombudsman and Evidence Acts. Section 22 allows disclosure by persons administering the Act for the purpose of proceedings under s 22 of the Ombudsman Act 1973 and Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958. That creates an avenue for administrative complaints and for particular evidentiary processes to receive information otherwise protected by s 22’s non‑disclosure rule.

Common law secrecy and statutory secrecy regimes. Sections 4E(2) and 4K(2) make explicit that obligations to maintain secrecy, whether imposed under an Act or by a rule of law, do not apply to disclosures under the Public Interest Monitor Parts. Section 20 similarly overrides other laws that might be relied upon to refuse to give information or access to inspectors, subject to the admissibility protection described in s 20(1). Those clauses create statutory overrides to potential secrecy or privilege claims when dealing with monitoring and inspection functions contained in the Act.

Intergovernmental reporting. Sections 8, 21 and corresponding provisions in Part 2B (s 9GB) require state Ministers to provide copies of warrants, instruments and reports to the Commonwealth Minister administering the Commonwealth Act as soon as practicable. That creates an automatic flow of state inspection and reporting outputs into the Commonwealth reporting and oversight process under the Commonwealth Act.

Determination and interplay of offences. Section 20(1) limits admissibility of information given to inspectors except for prosecutions under s 23. That interacts with other laws by preventing compelled inspection information being used in other criminal prosecutions, subject to the s 23 exception. The Act therefore creates a narrow evidentiary protection for compelled disclosures, which interacts with the broader admissibility rules in the Evidence Act and common law principles on privilege and self‑incrimination.

Regulations and subordinate instruments. The Act contemplates that the regulations, particularly under the Public Interest Monitor Act 2011, will set out procedural detail for notification and disclosure, s 4A(1) and s 4G(1). Section 24 gives broad powers to make regulations for matters required or necessary to give effect to the Act, including penalties up to 5 penalty units for contravention of regulations. The statutory operation thus relies on subordinate instruments for procedural implementation while preserving statutory primacy where offences and core duties are specified in the Act.

Transitional and historical interactions. The Act contains multiple transitional provisions reflecting earlier institutional changes, for example transferring functions from the Director, Police Integrity to the IBAC Commissioner (s 25) following the IBAC Act, and transferring SIM functions to the Victorian Inspectorate/Integrity Oversight Victoria (s 26). These transitional clauses show that the Act has been amended to track institutional reform and to keep the interception oversight ecosystem aligned with state institutional architecture.

In summary, the state Act is an overlay that prescribes procedural duties, recordkeeping and oversight which are designed to operate in immediate coordination with the Commonwealth Act and multiple Victorian oversight and integrity statutes. Its interactional design ensures that state applicants follow Commonwealth substantive rules while meeting additional Victorian notification, disclosure and inspection obligations, which in turn feed into Commonwealth reporting.

The Act has been amended repeatedly since assent in 1988. The endnotes provide a chronological table of amendments and specific insertions. Key amendment milestones recorded in the statute text and table of amendments are as follows.

1993 Telecommunications (Interception) (State Provisions) (Amendment) Act 1993 No. 116/1993 amended the Act and is recorded in the table of amendments with commencement 7 December 1993.

2001 Telecommunications (Interception) (State Provisions) (Amendment) Act 2001 No. 65/2001 made multiple changes including to definitions such as communication and record and other structural changes, with commencement 24 October 2001.

2003 Australian Crime Commission (State Provisions) Act 2003 No. 52/2003 amended the definition of agency and related provisions, with a commencement entry for s 52 on 17 June 2003.

2005 Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 No. 87/2005 introduced significant structural changes, including insertion and substitution of many parts, and delayed commencement provisions listed in the table with parts commencing 1 July 2006 where noted.

2008 Police Integrity Act 2008 No. 34/2008 made consequential amendments and added or altered definitions and references related to police integrity frameworks, with specified commencement on 5 December 2008 for the items referenced.

2009 Statute Law Amendment (Evidence Consequential Provisions) Act 2009 No. 69/2009 and Justice Legislation Miscellaneous Amendments Act 2009 No. 87/2009 inserted further adjustments. The 2009 Justice Legislation Miscellaneous Amendments include multiple section substitutions and updates commencing 16 December 2009 for parts noted.

2011 Public Interest Monitor Act 2011 No. 72/2011 (as amended by No. 82/2012) directly produced Part 1A of the Act requiring Public Interest Monitor notification and disclosure for Part 2-5 warrants; the public interest monitor provisions were commenced by s 43 on 10 February 2013, as noted in the table.

2012 Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 No. 13/2012 amended the Act to add IBAC functions and to create Part 2B for the IBAC, with commencement entries in February 2013 for specified subsections.

2012 Integrity and Accountability Legislation Amendment Act 2012 No. 82/2012 made extensive amendments affecting the oversight architecture, reporting and inspection functions, and many of those amendments came into effect on 10 February 2013 where noted. The table records that ss 63-81 commenced 10 February 2013 covering multiple structural updates and the transitional provisions in ss 25-26.

2014 Victoria Police Amendment (Consequential and Other Matters) Act 2014 No. 37/2014 adjusted references to the Police Force and related items, with commencement of the relevant schedule item on 1 July 2014.

2024 Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 No. 31/2024 most recently amended the Act. Key 2024 insertions include Part 1B dealing with functions of the Public Interest Monitor in respect of international production orders (ss 4F-4K) which commenced 1 November 2024 as per the table, and Schedule 1 item 38 amendments (s 113) which commenced on 10 February 2025 and inserted definitions and updated references to Integrity Oversight Victoria, the Chief Integrity Inspector and related delegation and inspection provisions. The table notes that ss 31-33 commenced on 1 November 2024 and s 113 commenced 10 February 2025.

Transitional provisions. The Act contains transitional provisions to manage institutional change. Section 25 handles the transition of functions from the Director under the former Police Integrity Act 2008 to the IBAC Commissioner upon the commencement day for the IBAC amendments. Section 26 performs a similar role for the transition of functions from the Special Investigations Monitor (SIM) to the Victorian Inspectorate and, by later amendment, for references to Integrity Oversight Victoria and the Chief Integrity Inspector after the 2024 Act. Section 26(4) (inserted by 31/2024) clarifies that references to the Victorian Inspectorate include Integrity Oversight Victoria and that "Inspector" includes "Chief Integrity Inspector" from the 2024 commencement.

Nature of amendments. The amendment history shows three recurring patterns. First, definitional updates were made to align with Commonwealth terminology and to incorporate new state institutions such as IBAC and Integrity Oversight Victoria. Second, procedural layers were added, notably the Public Interest Monitor process in 2011 and the IBAC-specific provisions in 2012. Third, the 2024 amendments extended the Public Interest Monitor process to international production orders and updated oversight architecture to reflect Integrity Oversight Victoria and the Chief Integrity Inspector.

How to track changes. The Act includes endnotes and a table of amendments with assents and commencement dates which must be consulted to determine when particular substituted or inserted provisions operate. Several amendments were implemented in stages, and specific subsections have varied commencement dates, so practitioners must consult the version incorporating amendments as at the relevant date to identify the operative text and transitional obligations, as reflected in the Version No. 027 heading and the endnotes.

The legislative text and endnotes provided do not record judicial decisions or adversarial litigation arising under the Act. The Endnotes "3 Explanatory details" entry states "No entries at date of publication" and there are no case citations embedded in the statute text. Therefore the Act’s printed version does not supply any named authorities, reported decisions or a litigation history.

That absence in the statute text is not the same as an absence of litigation in practice. The Act creates criminal offences, compulsion powers, and admissibility rules which provide predictable litigation vectors. For example, the Act’s inspection compulsion and admissibility carveout in s 20(1) creates boundaries likely to be tested in court: a compelled witness is protected from having compelled statements used against them in evidence except for prosecutions under s 23. A contested prosecution under s 23 for obstruction or false statements is one clear avenue for litigation since the section explicitly permits the use of compelled information to prosecute inspection offences. Similarly, the heavy penalties for knowingly or recklessly failing to disclose adverse matters to the Public Interest Monitor under ss 4B(2) and 4H(2) may give rise to prosecutions and associated judicial review, particularly where an officer asserts reasonable belief or lack of recklessness.

Other litigable issues that the Act’s text suggests include admissibility disputes and privilege claims. Sections 4E and 4K override statutory or common law secrecy for purposes of disclosure to the Public Interest Monitor, but questions about the scope of that override or its interaction with other privilege regimes could generate litigation. Section 20’s override of other laws for the purposes of inspection, coupled with s 20(1)’s limited admissibility protection, could produce litigation testing the boundaries between compelled inspection evidence and admissible evidence in other proceedings, for example challenges under the Evidence (Miscellaneous Provisions) Act 1958 or constitutional arguments about compelled production. The Act’s requirement that Ministers forward copies of inspection reports and warrants to the Commonwealth Minister (ss 8, 21 and 9GB) could create administrative law contests over disclosure, confidentiality and intergovernmental obligations.

Finally, the Act provides administrative remedies through Integrity Oversight Victoria’s reporting function. While those are not litigation per se, findings of contravention included in Integrity Oversight Victoria reports under ss 13 and 16 could precipitate disciplinary or administrative proceedings within agencies which in turn may lead to judicial review applications concerning procedural fairness, the scope of inspection powers, or the adequacy of the agencies’ records and destruction decisions for restricted records under ss 9(2) and 9H(2).

Because the statute text supplied contains no case law, practitioners seeking precedents must consult external databases of reported cases and administrative decisions that consider the Commonwealth Act and the state‑level procedures. For the purposes of this Act’s text, the litigation history is therefore recorded as nil in the statute’s endnotes but the statutory architecture points to predictable litigation themes: s 4B/4H prosecutions for non‑disclosure, s 23 prosecutions for obstruction and falsehood, admissibility disputes under s 20, and challenges to the exercise and scope of inspection powers under Part 3.

Failure to notify or fully disclose to the Public Interest Monitor. The obligation to notify the Public Interest Monitor and to fully disclose all matters adverse to issuing a warrant or international production order is not merely procedural but penalised. Sections 4A and 4G require notification in accordance with regulations. Sections 4B(1) and 4H(1) impose an affirmative duty of full disclosure, and ss 4B(2) and 4H(2) make knowing or reckless failure an offence attracting 60 penalty units or imprisonment for six months or both. Practitioners should not treat PIM notification as optional or merely advisory. The Act distinguishes between written and telephone applications with different documentary requirements (ss 4A(2)-(3) and 4G(2)-(3)), so omissions arising from mode confusion could be actionable.

Confidentiality does not protect officers in the PIM context. Sections 4E(2) and 4K(2) expressly provide that obligations to maintain secrecy under any Act or rule of law do not prevent disclosure under Part 1A or Part 1B. That means internal secrecy regimes, certificates of secrecy, or common law confidentiality cannot be invoked to refuse to supply information to the Public Interest Monitor. Officers should assume that institutional confidentiality protections are displaced for the narrow purpose of Public Interest Monitor disclosure.

Differing documentary requirements for written versus telephone applications. The Act requires delivery of copies of written applications and supporting affidavits to the Public Interest Monitor but requires the information set out in the Commonwealth Act for telephone applications, ss 4A(2)-(3) and 4G(2)-(3). The content and sufficiency standards differ across modes; practitioners must map Commonwealth Act requirements for telephone applications to the state notification requirement to avoid non‑compliance.

Recordkeeping strictness and destruction triggers. The Chief Commissioner and the IBAC Commissioner must maintain detailed records and are required to destroy restricted records forthwith if satisfied the record is not likely to be required for a permitted purpose other than inspections or reports, ss 9(1)-(2) and 9H(1)-(2). The "not likely to be required" test invites documented decisionmaking and may be subject to scrutiny by Integrity Oversight Victoria. Destroying too early exposes agencies to contravention findings, while retaining beyond necessity may raise data protection or security costs. The Act requires particulars of restricted records, including who had access to and supplied the records, ss 6(1)(b) and 9G(1)(c)(iv), which creates chain‑of‑custody expectations.

Inspections can be compelled despite other laws, with narrow admissibility protection. Section 20 permits inspectors to require information and access "despite any other law" and removes the usual statutory excuses such as secrecy, public interest and self‑incrimination, but it simultaneously limits admissibility of such compelled material against the provider except in s 23 prosecutions. The practical consequence is that compelled witnesses may be protected against wider criminal exposure by that evidentiary bar, but they remain vulnerable to prosecution for inspection offences. Practitioners should therefore treat inspection notices as immediate compliance events rather than opportunities for delay or privilege assertion.

Compulsion and attendance requirements have reasonableness constraints. Section 19 permits written requirements to give information and to attend before inspecting officers but mandates that the place and timeframe specified must be reasonable having regard to the circumstances, s 19(5). Failure to make reasonable allowances could render a compulsion disputed on procedural fairness or reasonableness grounds.

Narrow scope for disclosure by administrators. Section 22 permits disclosure by persons administering the Act only in limited cases (in accordance with the Commonwealth Act, for specified proceedings under the Ombudsman Act or Evidence (Misc) Act, or for discharging functions under this or another Act). That restriction applies to persons other than inspecting officers and is backed by a 10 penalty unit fine. Administrators thus have limited permitted disclosure pathways and must carefully check whether a proposed disclosure fits within s 22’s exceptions.

Admissibility exceptions for prosecutions under s 23. The evidentiary protection in s 20(1) excludes the use of compelled information except for prosecutions under s 23. That creates a narrow pathway wherein compelled disclosure can still be used to prosecute obstruction, failure to attend, or false statements. Persons giving compelled information must therefore be alert that while their compelled answers generally cannot be used in other prosecutions, they can still trigger s 23 proceedings.

Regulatory and procedural detail delegated to regulations. The Act references regulations under the Public Interest Monitor Act 2011 for notification procedures, ss 4A(1) and 4G(1), and s 24 allows regulations with penalties up to 5 penalty units. Procedural missteps may therefore arise from non‑compliance with subordinate instruments. Practitioners must consult the relevant regulations and the Public Interest Monitor Act's procedural rules rather than relying only on the state Act text.

Timing traps for reporting. Reporting responsibilities to Ministers have firm timeframes: within three months after a warrant ceases to be in force agencies must provide a written report about usage and communication of information, and annually within three months after 30 June they must provide a written report containing Division 2 Part 2-8 Commonwealth Act information derivable from records, ss 7(1)(b)-(c) and 9GA(1)(a)-(b). Late reports could trigger contravention findings or administrative criticism from Integrity Oversight Victoria.

Delegation limits. Integrity Oversight Victoria may delegate most functions but not the power of delegation itself and not the power to report to Ministers, s 20C. Delegated inspections must therefore be conducted within a defined accountability structure. Practitioners dealing with inspectors should confirm the inspecting officer’s authority and any written delegation.

Interplay with Commonwealth processes. The Act depends on Commonwealth definitions, procedural content for telephone versus written applications and for the content of submissions to the issuing authority (s 4D(1)(c) cross‑referring to Commonwealth Act ss 46 and 46A and Pt 1B cross‑references to Schedule 1 clauses). Errors in mapping Commonwealth requirements to state notification steps may cause inadvertent non‑compliance, so crosschecking with the Commonwealth Act and Schedule 1 is essential.

No litigation history in the statutory notes. The absence of recorded litigation in the statute means there is no statutory‑level guidance in the endnotes on how courts have interpreted disclosure, admissibility or inspection powers. Practitioners cannot rely on the Act’s endnotes for precedent and must consult external case law where available.

Checklist for officers intending to apply for a Part 2-5 warrant or an international production order

Confirm the legal basis under the Commonwealth Act. The state Act requires notification and disclosure only where an officer "intends to apply under the Commonwealth Act" for a Part 2-5 warrant (s 4) or for an international production order under Schedule 1 clauses 22 or 52 (s 4F). Ensure the application type aligns with those triggers.
Notify the Public Interest Monitor in accordance with the Public Interest Monitor Act regulations. Section 4A(1) and s 4G(1) require notification "in accordance with the regulations made under the Public Interest Monitor Act 2011." Check the applicable regulations for the method, timing and content of notification and any required forms.
Provide required documents depending on application mode. If the application is in writing, provide the Public Interest Monitor with a copy of the written application and the required affidavit (s 4A(2) and s 4G(2)). If the application is by telephone, provide the Monitor with the information required by the Commonwealth Act sections or Schedule 1 clauses for telephone applications (s 4A(3) and s 4G(3)). Ensure that the precise information items mandated by the Commonwealth Act for telephone applications are supplied to the Monitor.
Make full disclosure of adverse matters to the Public Interest Monitor. Under ss 4B(1) and 4H(1) officers must "fully disclose to the Public Interest Monitor all matters of which the officer is aware that are adverse to the issuing of the warrant" or international production order. This is a substantive duty: failure to comply knowingly or recklessly is a criminal offence with significant penalties, ss 4B(2) and 4H(2). Document the disclosure and maintain contemporaneous records showing the extent of adverse matters considered and disclosed.
Anticipate Public Interest Monitor participation at the hearing. The Public Interest Monitor may appear, ask questions, and make submissions to the issuing authority to test sufficiency and appropriateness, s 4D and s 4J. Prepare evidence and legal submissions accordingly and be ready to answer Monitor inquiries. Return of documents: after the hearing, return documents given by the officer to the Monitor as soon as practicable, s 4D(3) and s 4J(3).

Recordkeeping and document management for agencies

Record and retain prescribed items. The Chief Commissioner of Police and IBAC Commissioner must cause to be kept in agency records each warrant issued to the agency, copies of notifications under s 59A of the Commonwealth Act, instruments revoking warrants, copies of certificates issued under s 61(4) of the Commonwealth Act by a certifying officer, copies of authorisations under s 66(2) of the Commonwealth Act, and particulars of any telephone application for a Part 2-5 warrant, ss 5 and 9F. Implement a records register capturing those items and custody metadata.
Maintain interception and restricted record particulars. For each application and each interception whose authority is exercised by the agency, record whether the application was withdrawn, refused or resulted in a warrant, start and stop times for each interception, duration, the name of the person who carried out each interception, and in the case of named person warrants the services to or from which communications were intercepted, s 6(1)(a) and (ab) and s 9G(1)(a)-(b). For each restricted record, record the originating warrant (if any), each occasion the record came into or ceased to be in possession, and every agency or person to or from whom the restricted record was received or supplied, s 6(1)(b) and s 9G(1)(c).
Record uses and communications of intercepted information. Keep particulars of each use made of lawfully intercepted information and each communication of such information by an agency officer to persons or bodies other than agency officers. Record occasions when lawfully intercepted information was given in evidence in a relevant proceeding, ss 6(1)(c)-(e) and 9G(1)(d)-(f).
Ensure timely recording and secure storage. The Act requires particulars to be recorded "as soon as practicable after the happening of the events" and requires restricted records to be kept in secure places not accessible to unauthorised persons, s 6(1) and s 9(1)/9H(1). Implement an audited chain‑of‑custody procedure, secure storage systems and an event‑driven logging process that meets the "as soon as practicable" standard.
Destruction policy tied to permitted purpose. Establish a documented decision process for destruction of restricted records where the agency head is satisfied the record is not likely to be required for a permitted purpose, ss 9(2) and 9H(2). Include criteria, person(s) authorised to make the decision, and retention of metadata for destroyed items to show why destruction was authorised.

Reporting to Ministers and to the Commonwealth

Prepare warrant‑cease reports within three months. Within three months after a warrant issued to the Police Force or IBAC ceases to be in force, prepare and give a written report about the use made of intercepted information and the communication of that information to persons other than agency staff, ss 7(1)(b) and 9GA(1)(a). Keep a copy for the agency and provide the Attorney‑General and the Commonwealth Minister where required, ss 7(2), 8 and 9GA(2), 9GB.
Prepare annual reports within three months after 30 June. Prepare, as soon as practicable and in any event within three months after each 30 June, a written report setting out the information Division 2 of Part 2-8 of the Commonwealth Act requires of the Minister and what can be derived from agency records, ss 7(1)(c) and 9GA(1)(b). These reports must be copied to the Attorney‑General and forwarded to the Commonwealth Minister in accordance with ss 7(2), 9GA(2) and 9GB.

Preparing for Integrity Oversight Victoria inspections

Treat inspections as recurrent and expect at least two per financial year for each agency (s 11) and for IBAC at least twice per financial year once initial inspection obligations have been met (s 14). Keep records in an easily inspectable format and establish a regular internal audit to pre‑empt inspection findings.
Ensure staff cooperation with inspection notices. Integrity Oversight Victoria may require persons to give information in writing and to attend to answer questions, s 19. Failure to comply without reasonable excuse is an offence under s 23. Designate contacts and ensure that staff are trained to respond to inspecting officers promptly and to provide requested documents and access.
Understand admissibility and immunities. Counsel staff that information given to inspecting officers despite other laws will generally not be admissible against them except for s 23 prosecutions, s 20(1). Inspecting officers are not liable for acts done in good faith, s 20B. Designate legal advisors to be present when attending before an inspecting officer to ensure procedural rights and obligations are respected.

Legal and compliance governance

Document decision trails for disclosure to the Public Interest Monitor. Record what was disclosed, why certain adverse matters were considered not material (if applicable), and ensure a sign‑off chain for decisions to proceed with an application after full disclosure to the Monitor.
Align agency policy with the Commonwealth Act and subordinate regulations. Because the state Act cross‑references Commonwealth procedural requirements and delegates notification procedures to Public Interest Monitor regulations, agencies should maintain integrated checklists that map applicable Commonwealth Act requirements and subordinate regulations to each step of an application.
Review and update training and policies when statutory or institutional changes occur. The Act’s amendment history shows institutional turnover and definition changes. Ensure training materials reflect current definitions such as "IBAC Officer", "Integrity Oversight Victoria Officer" and "individual message/call application service" (inserted by the 2024 amendments), s 3(1) entries.
Maintain secure audit logs and evidence of compliance. Given inspection powers and the recordkeeping requirements, agencies should keep immutable logs of access, transfers and time stamped entries for interceptions, chain‑of‑custody metadata for restricted records, and records of all communications to and from the Public Interest Monitor. These will be necessary to demonstrate compliance during inspections and to support permitted purpose decisions for destruction.
Consult legal counsel before destroying restricted records. The destruction obligation requires satisfaction that a restricted record is not likely to be required for a permitted purpose other than inspection or reporting, ss 9(2) and 9H(2). Obtain written legal advice and internal sign‑off before destruction to create an evidentiary trail in case Integrity Oversight Victoria examines the decision.

Procedural checklists and templates

Application checklist template. Prepare templates for written and telephone applications that ensure the content required by the Commonwealth Act for the telephone route is captured and transmitted to the Public Interest Monitor, ss 4A and 4G.
PIM disclosure form. Create a standardised disclosure form that records adverse matters considered, supporting reasons, who reviewed the disclosure and timestamps for when the Monitor was notified and when materials were provided. Retain copies as part of the agency file.
Inspection response protocol. Maintain a rapid response protocol for s 19 notices that identifies custodians of relevant records, legal counsel on call, and a procedure for documenting attendance, questions, answers and documents provided, to reduce risk of s 23 exposure.
Record destruction protocol. Create a structured decision form for destruction of restricted records capturing permitted purpose assessment, sign‑offs by authorised personnel, and the method and date of destruction, in compliance with ss 9(2) and 9H(2).

In sum, compliance requires a combination of procedural rigour for Public Interest Monitor notification and full disclosure, robust recordkeeping and data governance for restricted records, timely reporting to Ministers and the Commonwealth, and preparedness for regular inspections by Integrity Oversight Victoria supported by training, templates and legal oversight. Adherence to the specific statutory timeframes and documentary requirements set out in the Act is essential to avoid high‑value penalties and inspection findings.

Telecommunications (Interception) (State Provisions) Act 1988

Plain English Summary

Deep Dive

What it does

Current sections

Telecommunications (Interception) (State Provisions) Act 1988

Source text: opening excerpt

1 Telecommunications (Interception) (State Provisions) Act 1988

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply