Law Enforcement Integrity Legislation Amendment Act 2012 (194 of 2012)
Schedule 1 Integrity testing and expansion of coverage by ACLEI
Part 3 Related amendments
Telecommunications (Interception and Access) Act 1979
85 After section 6R
Insert:
6S Permitted purposes - integrity purposes
(1) For the purposes of paragraph (aaa) of the definition of permitted purpose in subsection 5(1), a purpose mentioned in column 2 of an item in the following table is a permitted purpose in relation to a Commonwealth agency, or Customs, as mentioned in column 1 of that item.
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Permitted purposes - integrity purposes |
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|---|---|---|
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Item |
Column 1 - Commonwealth agency or Customs |
Column 2 - Permitted purpose |
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1 |
(a) Australian Federal Police; or (b) ACC; or (c) Australian Commission for Law Enforcement Integrity; or (d) Customs. |
A purpose connected with: (a) a decision about whether to apply for an integrity authority; or (b) designing, but not conducting, an integrity operation; or (c) an application for an integrity authority; or (d) granting an integrity authority. |
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2 |
(a) Australian Federal Police; or (b) ACC; or (c) Australian Commission for Law Enforcement Integrity. |
A purpose connected with an application for any warrant, authorisation or order, under a law of the Commonwealth, that is made for the purposes of an integrity operation. |
|
3 |
(a) Australian Federal Police; or (b) ACC. |
A purpose connected with disciplinary or legal action in relation to an eligible staff member of that agency, if arising out of, or otherwise related to, an integrity operation. |
Note: The Commonwealth agencies are the ACC, the Australian Federal Police and the Australian Commission for Law Enforcement Integrity (see subsection 5(1)).
(2) In this section:
disciplinary or legal action , in relation to an eligible staff member of the Australian Federal Police or the ACC, means any of the following:
(a) action in respect of alleged misconduct of the staff member;
(b) termination of the employment or appointment of the staff member;
(c) a disciplinary proceeding (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) in relation to the staff member, or a report of such a proceeding;
(d) the investigation of an offence suspected to have been committed by the staff member;
(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.
Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.
eligible staff member , of the Australian Federal Police or the ACC, means a staff member of that agencywithin the meaning of the Law Enforcement Integrity Commissioner Act 2006 (see section 10 of that Act).