NCJ Number
154099
Date Published
1995
Length
47 pages
Annotation
This report considers whether the Queensland Police Service (Australia) and the Criminal Justice Commission should have the power to intercept telecommunications in certain prescribed circumstances.
Abstract
Under Australia's constitutional arrangements, telephone tapping is governed exclusively by the Commonwealth Telecommunication (Interception) Act 1979. For Queensland, agencies to have access to this power, the State Parliament must pass complementary legislation that complies strictly with the requirements of that act. There is no latitude to adopt a different arrangement. This means that the only issue for consideration is whether Queensland agencies should participate in the Commonwealth scheme. The Commission has considered the law enforcement benefits and cost-effectiveness of telephone interception and to the safeguards and accountability mechanisms contained in the Telecommunications (Interception) Act. The Commission concluded that the capacity of the Commission and the Queensland Police Service to combat organized and major crime will be significantly enhanced by providing them with a strictly regulated power to intercept telecommunications. The Commission is also satisfied that the act provides an appropriate framework for regulating the use of this power and for protecting legitimate privacy rights. 3 tables, 2 figures, and 20 references