Page 3450 - Week 10 - Thursday, 20 October 2022
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The object of this division is to enable the commission to intercept telecommunications, in accordance with the Commonwealth Act, for the investigation and exposure of corrupt conduct.
Proposed new subdivision 3.5.4A.2 addresses the role of the Inspector of the Integrity Commission in relation to telecommunications interception warrant applications. It also imposes obligations on Integrity Commission investigators to provide specified information to the inspector when applying for warrants.
Proposed new subdivision 3.5.4A.3 describes the recordkeeping obligations, including information security requirements of the Integrity Commission in relation to telecommunications interception warrants. Under this proposed subdivision, the Integrity Commissioner must also provide written reports to the Speaker, and the Speaker must provide copies of those reports to the commonwealth minister.
Proposed new subdivision 3.5.4A.4 details the obligations of the Inspector of the Integrity Commission in relation to the routine inspection of telecommunications interception warrant records and subsequent reporting requirements. The inspector must inspect records at least twice per financial year and provide at least one report regarding these inspections per financial year to the Speaker.
The inspector may report to the Speaker at any time about results of an inspection and must do so if requested by the Speaker. The inspector may also report to the Speaker at any time regarding contraventions under this subdivision by the Integrity Commissioner or a staff member of the Integrity Commission.
The inspector has the power to obtain information from a staff member of the Integrity Commission. The inspector may also provide information to the Commonwealth Ombudsman if it relates to the performance of their functions under the commonwealth act.
Proposed new subdivision 3.5.4A.5 obliges the Speaker to provide reports received from the inspector to the commonwealth minister and also makes it an offence to unlawfully disclose information received under the new division created by this legislation.
I understand that there would, of course, be some concerns from the community about privacy. Let me emphasise the strength of the oversight mechanisms that I have just described. The bill is about the oversight and reporting obligations for the Integrity Commission, the Inspector of the Integrity Commission and the Speaker of the Legislative Assembly in relation to telecommunications interceptions.
The actual interception powers themselves are granted through the commonwealth legislation, which has been commonwealth law since 1979. These checks and balances are very robust. For example, the Integrity Commission can only apply for an interception warrant from an eligible judge or Administrative Appeals Tribunal member, and a copy of the application must be provided to the Inspector of the Integrity Commission.
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