Copyright © Government of South

All legislation herein is reproduced by permission but does not purport to be the official or authorised version. It is subject to Copyright. The Copyright Act, 1968 (Cth) permits certain reproduction and publication of South Australian legislation. In particular s. 182A of the Act enables a complete copy to be made by or on behalf of a particular person. For the reproduction or publication beyond that permitted by the Act, permission should be sought in writing from the South Australian Attorney-General's Department. Requests in the first instance should be addressed to the Attorney-General.

TELECOMMUNICATIONS (INTERCEPTION) BILL

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (16:03): Obtained leave and introduced a bill for an act to enable SA Police and the Independent Commissioner Against Corruption to be declared agencies for the purposes of the Telecommunications (Interception and Access) Act 1979 of the commonwealth; to repeal the Telecommunications (Interception) Act 1988; and for other purposes. Read a first time.

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (16:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Telecommunications (Interception) Bill 2012 is a companion bill to the Independent Commissioner Against Corruption Bill 2012 . Its purpose is to enable the Independent Commissioner Against Corruption (the 'ICAC') to be declared an agency under the Telecommunications (Interception & Access) Act 1979 of the Commonwealth and so enable it to obtain telephone intercept warrants for the purposes of investigating corruption in public administration. The measure replaces the Telecommunications (Interception) Act 1988 .

In order for the Commonwealth Attorney-General to declare the ICAC as an agency under the Commonwealth legislation, State legislation that meets all of the preconditions for a declaration set out in section 35 of the Commonwealth Act must be enacted, including provisions for compliance auditing of the agency's use of telephone intercepts. It is also necessary for the Commonwealth Act to be amended to define the ICAC to be an eligible authority and for a number of other consequential amendments to be made. Following amendment of the Commonwealth Act, the Premier will seek a declaration under section 34 of the Commonwealth Act that the ICAC is an agency for the purposes of that Act.

SAPOL already constitutes a declared agency under the Commonwealth Act and this status will not be affected by the measure. SAPOL has been consulted and supports the measure.

There have been an extensive number of amendments made to the Commonwealth Act since the State Act was enacted and this measure will bring the State Act into line with the current requirements of the Commonwealth Act.

The review agency for compliance auditing of SAPOL's use of telephone intercepts will continue to be the Police Complaints Authority (to be renamed the Police Ombudsman under consequential amendments in the Independent Commissioner Against Corruption Bill 2012 ). Auditing will continue to be required at least once in each period of 6 months, with a report being provided to the Attorney-General. The existing powers supporting the conduct of an audit are reproduced in the measure.

As it is essential for the ICAC to maintain independence from all public agencies and authorities, it is proposed that review of the ICAC's records in relation to telephone intercepts will be performed by a person who is independent of the ICAC and is appointed by the Governor as a review agency.

I confirm that the ICAC's use of telephone intercepts will be limited to investigations into corruption in public administration.

I commend the Bill to the House .

Explanation of Clauses

1—Short title

2—Interpretation

This clause contains definitions for the purposes of the measure. Warrants for telecommunications interception are obtained under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth. This measure includes requirements relating to record keeping, reporting and review that are required under the Commonwealth Act to be included in State schemes. Warrants may only be obtained by SA Police or the Independent Commissioner Against Corruption.

3—Obligations of chief officer of eligible authority relating to records

This clause requires the chief officer of the relevant State agencies to keep records in the same way as is required under the Commonwealth Act in respect of Commonwealth agencies. Sections 5 and 7 of the current Act are the corresponding provisions.

4—Obligations of chief officer of eligible authority to report to Attorney- General

This clause requires the chief officer of the relevant State agencies to give to the Attorney-General a report about each warrant issued and an annual report of the same kind as must be given by Commonwealth agencies to the Commonwealth Minister. Section 6 of the current Act is the corresponding provision.

5—Obligations and powers of review agency

This clause requires the records of the relevant State agencies to be inspected at least once in each period of 6 months and a report to be given to the Attorney-General. The Police Ombudsman is to conduct the review in relation to SA Police and an independent person appointed by the Governor is to conduct the review in relation to the Independent Commissioner Against Corruption. Necessary powers to support the conduct of a review are included as in the current Act. Sections 8, 9, 9A, 10 and 11 of the current Act are the corresponding provisions.

6—Obligations of Attorney- General

This clause requires the Attorney-General to give copies of reports to the Commonwealth Minister. Section 13 of the current Act is the corresponding provision.

7—Regulations

This clause provides general regulation making power.

Schedule 1—Repeal of Telecommunications (Interception) Act 1988

The current Act is repealed.

Debate adjourned on motion of Mr Griffiths.