On 30 September 2022 the Attorney-General wrote to the Committee referring an amendment to subsection 110A(1) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) included in the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 (the Consequential Bill) for the Committee’s review.

Subsection 110A(1) of the TIA Act defines 'criminal law-enforcement agency', being an agency that is permitted to obtain stored communications warrants and to give authorisations for access to telecommunications data under the TIA Act.

Item 250 of Schedule 1 to the Consequential Bill amends the definition of criminal law-enforcement agency to remove the reference to the Australian Commission for Law Enforcement Integrity and insert a reference to the National Anti-Corruption Commission. The Bill proposes that this Item would ensure the new Commission can exercise TIA Act powers, to effectively investigate corrupt conduct that could be serious or systemic where the conduct concerned meets the existing thresholds in the TIA Act.

Subsection 110A(11) of the TIA Act requires any amendment to subsection 110A(1) of the TIA Act to be referred to the Committee for review.

Submissions, addressing only Item 250 of the Consequential Bill, are invited by Monday 31 October 2022. The Committee encourages concise submissions. Further information about making a submission to a parliamentary committee inquiry is available here.

Please note that this is not the inquiry into the National Anti-Corruption Commission legislation as a whole.

There is a separate Joint Select Committee on National Anti-Corruption Commission Legislation and submissions addressing issues beyond Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 should be addressed to that Committee.