Advisory report on the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024

REPORT - July 2024

Full Report (PDF)

List of recommendations

2.85The Committee recommends that the Bill be amended to provide that the definition of ‘prescribed investigation’ in section 5(1) of the Telecommunications (Interception and Access) Act 1979 include, for the purposes of the Parliamentary Inspector of the Corruption and Crime Commission of Western Australia, an investigation that the Parliamentary Inspector is conducting in the performance of the Parliamentary Inspector’s functions under the Corruption, Crime and Misconduct Act 2003 (WA).

2.90The Committee recommends that, as part of the proposed electronic surveillance reforms or other future reforms to the Telecommunications (Interception and Access) Act 1979, the Government consider whether state-based oversight bodies should be given access to stored communications and telecommunications data held by the agencies within their jurisdiction, in addition to the access to lawfully intercepted information and interception warrant information conferred by the Bill.

2.105The Committee recommends that, as part of future reforms, the Government consider amending sections 110A, 176A, 187A and 187AA of the Telecommunications (Interception and Access) Act 1979 to:

require that if a Minister makes a declaration by legislative instrument declaring an entity to be an ‘enforcement agency’ or a ‘criminal law enforcement agency’, or amending the data retention obligations placed on carriers and carriage service providers, the declaration must be referred to the Parliamentary Joint Committee on Intelligence and Security for review and report within the parliamentary disallowance period;

retain the existing provision that such declarations cease to have effect after 40 sitting days of either House; and

remove the existing requirement within each of these sections for amendments to the primary legislation to be referred to the Committee.

2.108The Committee recommends that, subject to implementation of the recommendations in this report, the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024 be passed by the Parliament.

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