Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 5   Prospective telecommunications data

Telecommunications (Interception and Access) Act 1979

76   Subsection 180B(3)

Repeal the subsection, substitute:

(3) The authorised officer must not make the authorisation unless:

(a) the Attorney-General has authorised the making of the authorisation under a provision mentioned in an item of the following table; and

(b) the authorised officer is satisfied that:

(i) the disclosure is reasonably necessary for an investigation or proceeding referred to in that table item; and

(ii) the disclosure is appropriate in all the circumstances.

Authorising access to prospective information or documents

Item

For Attorney-General authorisations under:

the investigation or proceeding is:

1

section 15D of the Mutual Assistance in Criminal Matters Act 1987

an investigation or proceeding relating to an offence against the law of a foreign country that:

(a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

(b) involves an act or omission that, if it had occurred in Australia, would be a serious offence

2

section 78B of the International Criminal Court Act 2002

an investigation or proceeding relating to a crime within the jurisdiction of the ICC

3

section 34B of the International War Crimes Tribunals Act 1995

an investigation or proceeding relating to a War Crimes Tribunal offence