Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Hansard source

I thank all of the honourable members for their contribution to the debate on the Investigation and Prosecution Measures Bill 2017. The Investigation and Prosecution Measures Bill 2017 makes two sets of amendments. Firstly, it amends the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004 to ensure that legislation supports a restructure of the New South Wales Independent Commission Against Corruption. Secondly, it extends the functions, powers and duties of the Commonwealth Director of Public Prosecutions to the laws of Norfolk Island.

With respect to the New South Wales Independent Commission Against Corruption, the commission plays a critical role in investigating, exposing and preventing corruption in the public sector. In November 2016, the New South Wales parliament passed the Independent Commission Against Corruption Amendment Act 2016. That act restructured the commission by replacing the former arrangement, of a single commissioner and assistant commissioner, with a full-time chief commissioner and two part-time commissioners. Assistant commissioners may also be appointed as required.

The measures in the bill will make a minor amendment to both the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004 to ensure that the restructured commission is referenced appropriately in those acts. The act will then retain the commission's substantive powers under those acts. With respect to the Telecommunications (Interception and Access) Act 1979, it provides the legal framework for specified intelligence and law enforcement agencies to access communications and data for the investigation of criminal offences and other activities that threaten safety and security. It permits eligible law enforcement and security agencies, including the commission, to obtain warrants, intercept communications, obtain warrants to access stored communications and to access telecommunications data subject to stringent legal tests and independent oversight.

The Interception Act vests certain positions within the commission's specific authority when undertaking functions. The chief commissioner, for example, will be able to authorise members of the commission to receive information gathered under warrants and communicate intercepted information obtained by the commission to other agencies in limited circumstances.

The amendments will allow the chief commissioner, a commissioner or an assistant commissioner to be certifying officers under the act. Certifying officers can, for example, be delegated the power to revoke interception and stored communication warrants, certify true copies of warrants and issue evidentiary certificates.

With respect to the Surveillance Devices Act 2004, that act governs the use of optical surveillance devices, listening devices, data surveillance devices and tracking devices by law enforcement agencies. The act complements the relevant surveillance devices laws of the states and territories by allowing law enforcement agencies, such as the commission, to obtain surveillance device warrants to help investigate federal offences and state offences with a federal aspect.

The Surveillance Devices Act vests certain positions within the commission's specific authority when undertaking functions under the act, and these provisions ensure that authorisations are valid and that persons authorised under the act to undertake those functions can exercise their prescribed functions legally.

The chief commissioner will, for example, have the power to revoke surveillance device warrants and authorise executive level officers to be authorised officers. Commissioners and assistant commissioners will also be designated as authorising officers under the bill. Authorising officers may, for example, issue emergency authorisations for the use of a surveillance device, authorise the use and retrieval of tracking devices without warrant in certain circumstances and issue evidentiary certificates.

This bill will ensure that the New South Wales Independent Commission Against Corruption is able to continue its work and can access the investigative tools it needs to support its functions.

With respect to the Norfolk Island Director of Public Prosecutions Act 1983, on 1 July 2015 the Australian government took over the responsibility for delivering local, state and Commonwealth services on Norfolk Island, which are proportionally equivalent to services which benefit mainland Australians. As part of this process, it was important to review prosecution arrangements in order to align those services with those available on mainland Australia and other external territories. The measures in this bill will allow the Commonwealth Director of Public Prosecutions to take over prosecutorial and related functions in relation to the laws of Norfolk Island. This will ensure that prosecutions against the laws of Norfolk Island are dealt with by a professional independent prosecution service with, evidently, significant expertise.

The Senate Standing Committee for the Scrutiny of Bills has considered the bill. The committee recommended that further information be included in the explanatory memorandum to the bill. As such, I present a short addendum to the explanatory memorandum to the Clerk. I thank the committee for their consideration of the bill, and I commend the bill to the House.

Question agreed to.

Bill read a second time.

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