TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Introduction

PART 1-1--PRELIMINARY

1. Short title
2. Commencement
4. Act binds the Crown
4A. Application of the Criminal Code
4B. Application to Norfolk Island

PART 1-2--INTERPRETATION

5. Interpretation
5AA. Eligible Commonwealth authority declarations
5AB. Authorised officers
5AC. Authorisation of certifying officers
5AD. Authorisation of certifying person
5AE. Authorisation of members of the staff of a Commonwealth Royal Commission
5A. Communicating etc. certain information
5B. Exempt proceedings
5C. Information or question relevant to inspection by Ombudsman
5D. Serious offences
5E. Serious contraventions
5F. When a communication is passing over a telecommunications system
5G. The intended recipient of a communication
5H. When a communication is accessible to the intended recipient
6. Interception of a communication
6AAA. When a computer network is appropriately used by an employee etc. of a Commonwealth agency etc.
6AA. Accessing a stored communication
6A. Investigation of an offence
6B. Involvement in an offence
6C. Issue of warrant to agency or eligible authority
6D. Judges
6DA. Nominated ART members
6DB. Issuing authorities
6DC. Part 4 - 1 issuing authorities
6E. Lawfully intercepted information
6EA. Interception warrant information
6EAA. Preservation notice information
6EB. Stored communications warrant information
6F. Offences
6G. Officer of the Commonwealth, of a State or of a Territory
6H. Person to whom application relates
6J. Proceeding by way of a prosecution for an offence
6K. Proceeding for confiscation or forfeiture or for pecuniary penalty
6L. Relevant proceeding
6M. Terminating the appointment of an officer
6N. Declaration of staff members of State Police Forces
6P. Identification of service
6Q. Identification of telecommunications device
6R. Communications Access Co - ordinator
6S. Permitted purposes--integrity purposes
6T. When a Part 5.3 supervisory order is taken to be in force
6U. Succeeding Part 5.3 supervisory orders
6UA. When a community safety supervision order is taken to be in force
6UB. Succeeding community safety supervision orders
6V. Substitution of references to the Attorney - General

CHAPTER 2--Interception of telecommunications

PART 2-1--PROHIBITION ON INTERCEPTION OF TELECOMMUNICATIONS

7. Telecommunications not to be intercepted

PART 2-2--WARRANTS AUTHORISING THE ORGANISATION TO INTERCEPT TELECOMMUNICATIONS

9. Issue of telecommunications service warrants by Attorney - General
9A. Issue of named person warrants by Attorney - General
9B. Provisions applying to warrants issued under section 9 or 9A
10. Issue of warrant by Director - General of Security in emergency for Organisation to intercept telecommunications
11A. Telecommunications service warrant for collection of foreign intelligence
11B. Named person warrant for collection of foreign intelligence
11C. Foreign communications warrant for collection of foreign intelligence
11D. Provisions applying to foreign intelligence warrants
12. Persons authorised to intercept communications for Organisation
13. Discontinuance of interception before expiration of warrant
14. Certain records retained by Organisation to be destroyed
15. How warrants etc. to be dealt with
16. Additional requirements for named person warrants
17. Reports to be made to Attorney - General on results of interception
18. Evidentiary certificates

PART 2-3--EMERGENCY REQUESTS AUTHORISING OFFICERS OF A CARRIER TO INTERCEPT TELECOMMUNICATIONS

30. Emergency requests

PART 2-4--AUTHORISATION OF INTERCEPTION FOR DEVELOPING AND TESTING INTERCEPTION CAPABILITIES

31. Applications for authorisation
31A. Attorney - General may authorise interception for developing and testing interception capabilities
31AA. Carrier to be notified of authorisation etc.
31B. Authorisation of employees of a security authority
31C. Destruction of records
31D. Reports to the Attorney - General
31E. Employees of security authorities

PART 2-5--WARRANTS AUTHORISING AGENCIES TO INTERCEPT TELECOMMUNICATIONS

Division 2--Declaration of State Law Enforcement Authorities as Agencies

34. Declaration of an eligible authority of a State as an agency
35. Preconditions for declaration
36. State laws requiring copies of documents to be given to responsible Minister
37. Revocation of declaration
38. Effect of revocation
38A. Agencies authorised to apply for Part 5.3 warrants
38B. Agencies authorised to apply for Part 9.10 warrants

Division 3--Applications for warrants

39. Agency may apply for warrant
40. Form of application
41. Contents of application
42. Affidavit to accompany written application
43. Information to be given on telephone application
44. Giving further information to Judge
44A. Application by interception agency of Victoria
45. Application by interception agency of Queensland
45A. State law not affected

Division 4--Warrants

46. Issue of telecommunications service warrant
46A. Issue of named person warrant
47. Limit on authority conferred by warrant
48. Issue of warrant for entry on premises
49. Form and content of warrant
50. Issue of warrant on telephone application
51. Action by agency after warrant issued on telephone application
52. Judge or nominated ART member may revoke warrant where section 51 contravened
54. Entry into force of warrants
55. Exercise of authority conferred by warrant
57. Revocation of warrant by chief officer
58. Discontinuance of interceptions under certain warrants
59. When revocation of certain warrants takes effect
59A. Notification to Secretary of the Department
59B. Notification to Ombudsman by Commonwealth agencies in relation to Part 5.3 warrants
59C. Notification to Ombudsman by Commonwealth agencies in relation to Part 9.10 warrants
60. Notification to authorised representative of carrier of issue or revocation of certain warrants
61. Evidentiary certificates
61A. Certified copy of warrant

PART 2-6--DEALING WITH INTERCEPTED INFORMATION ETC.

62. Application of Part
63. No dealing in intercepted information or interception warrant information
63AA. Dealing in interception warrant information for the purposes of Part 2 - 2, 2 - 5, 2 - 7 or 2 - 8
63AB. Dealing in general computer access intercept information etc.
63AC. Dealing in ASIO computer access intercept information etc.
63AD. Dealing in data disruption intercept information etc.
63AE. Dealing in network activity warrant intercept information etc.
63A. Dealing in connection with existing proceeding
63B. Dealing in information by employees of carriers
63C. Dealing in information for network protection purposes etc.
63D. Dealing in information for disciplinary purposes
63E. Responsible person for a computer network may communicate information to an agency
64. Dealing in connection with Organisation's functions
64A. Dealing in connection with Inspector - General's functions
65. Dealing in information obtained by Organisation
65A. Employee of carrier may communicate information to agency
66. Interceptor may communicate to officer who applied for warrant or authorised person
67. Dealing for permitted purposes
68. Chief officer may communicate information obtained by agency
68A. Communicating information obtained by the Secretary of the Attorney - General's Department
69. State authority may ask not to receive information under section 68
70. Communicating information obtained by interception under Part 2 - 3
71. Dealing with information where interception suspected to be unlawful
72. Making record for purpose of permitted communication
73. Further dealing by recipient of certain information
74. Giving information in evidence in exempt proceeding
75. Giving information in evidence where defect in connection with warrant
75A. Evidence that has been given in exempt proceeding
76. Giving information in evidence in criminal proceedings under this Act
76A. Giving information in evidence in civil proceedings for remedial relief
77. Intercepted material and interception warrant information inadmissible except as provided
78. Where evidence otherwise inadmissible
79. Destruction of restricted records that are not likely to be required for a permitted purpose
79AA. Destruction of restricted records--information obtained before a Part 5.3 supervisory order came into force
79AB. Destruction of restricted records--information obtained before a community safety supervision order came into force
79A. Responsible person for a computer network must ensure restricted records are destroyed

PART 2-7--KEEPING AND INSPECTION OF INTERCEPTION RECORDS

80. Commonwealth agencies to keep documents connected with issue of warrants
81. Other records to be kept by Commonwealth agencies in connection with interceptions
81AA. Organisation to record particulars in relation to eligible authorities of a State
81A. General Register of Warrants
81B. Regular submission of General Register to Minister
81C. Special Register of Warrants
81D. Regular submission of Special Register to Minister
81E. Provision of information by eligible authorities
83. Inspections
84. Reports
85. Ombudsman may report on other breaches of this Act
85A. Annual report may cover notified breaches in relation to Part 5.3 warrants
85B. Annual report may cover notified breaches in relation to Part 9.10 warrants
86. Ombudsman's general powers
87. Power to obtain relevant information
88. Ombudsman to be given information and access notwithstanding other laws
89. Dealing with information for the purposes of inspection and report
90. Ombudsman not to be sued
91. Delegation by Ombudsman
92. Application of Ombudsman Act
92A. Exchange of information between Ombudsman and State inspecting authorities

PART 2-8--REPORTS ABOUT INTERCEPTIONS UNDER PARTS 2-3 AND 2-5

Division 1--Reports to the Minister

93. Annual reports to Minister about interceptions under Part 2 - 3
94. Annual reports regarding applications and warrants under Part 2 - 5
94A. Reports regarding emergency interception action
94B. Reports regarding named person warrants
95. Minister may seek further information from Commonwealth agency
96. Annual reports by State authorities
97. Reports by Managing Directors about acts done in connection with certain warrants under Part 2 - 5

Division 2--Reports by the Minister

99. Annual report by Minister about warrants under Part 2 - 5
100. Report to set out how many applications made and warrants issued
101. Report to contain particulars about duration of warrants
102. Report to contain information about effectiveness of warrants
102A. Report regarding interceptions without warrant
102B. Report regarding international requests
103. Other information to be included in report
103B. Deferral of inclusion of information in report

Division 3--Provisions about annual reports

104. Annual reports

PART 2-9--OFFENCES

105. Contravention of section 7 or 63
106. Obstruction
107. Offences relating to inspections under Part 2 - 7

PART 2-10----CIVIL REMEDIES

107A. Civil remedies--unlawful interception or communication
107B. Limitation periods etc.
107C. No limitation on other liability
107D. Concurrent operation of State and Territory laws
107E. State or Territory courts--jurisdictional limits
107F. Extended meaning of conviction --orders under section 19B of the Crimes Act 1914

CHAPTER 3--Preserving and accessing stored communications

PART 3-1A----PRESERVING STORED COMMUNICATIONS

Division 1--Outline of this Part

107G. Outline of this Part

Division 2--Domestic preservation notices

107H. Domestic preservation notices
107J. Conditions for giving domestic preservation notices
107K. When a domestic preservation notice is in force
107L. Revoking a domestic preservation notice
107M. Persons who act on the issuing agency's behalf

Division 3--Foreign preservation notices

107N. When a foreign preservation notice can be given
107P. Condition for giving a foreign preservation notice
107Q. When a foreign preservation notice is in force
107R. Revoking a foreign preservation notice
107S. Persons who act on the AFP's behalf

Division 4--Provisions relating to preservation notices

107T. Evidentiary certificates relating to actions by carriers
107U. Evidentiary certificates relating to actions by issuing agencies
107V. Certified copies of preservation notices
107W. How notices are to be given to carriers

PART 3-1--PROHIBITION ON ACCESS TO STORED COMMUNICATIONS

108. Stored communications not to be accessed

PART 3-2--ACCESS BY THE ORGANISATION TO STORED COMMUNICATIONS

109. Access to stored communications under Part 2 - 2 warrants

PART 3-3--ACCESS BY CRIMINAL LAW-ENFORCEMENT AGENCIES TO STORED COMMUNICATIONS

Division 1--Applications for warrants

110. Criminal law - enforcement agencies may apply for stored communications warrants
110A. Meaning of criminal law - enforcement agency
110B. Declarations in relation to the Immigration and Border Protection Department
111. Form of applications
112. Contents of written applications
113. Affidavits to accompany written applications
114. Information to be given on telephone applications
115. Giving further information to Judge

Division 2--Issuing of warrants

116. Issuing of stored communications warrants
117. What stored communications warrants authorise
118. Form and content of stored communications warrants
119. Duration of stored communications warrants

Division 3--How warrants etc. are dealt with

120. Stored communications warrants issued on telephone applications
121. What happens when stored communications warrants are issued
122. Revocation of stored communications warrants by chief officers
123. What happens when stored communications warrants are revoked
124. Access to additional telecommunications services under stored communications warrants

Division 4--Provisions relating to execution of warrants

125. Entry into force of stored communications warrants
126. Limit on authority conferred by warrant
127. Exercise of authority conferred by warrant
128. Provision of technical assistance
129. Evidentiary certificates relating to actions by carriers
130. Evidentiary certificates relating to actions by criminal law - enforcement agencies
131. Certified copies of stored communications warrants
132. Obstruction

PART 3-4--DEALING WITH ACCESSED INFORMATION ETC.

Division 1--Prohibition on dealing with accessed information etc.

133. No dealing with accessed information etc.

Division 2--Permitted dealings with accessed information

134. Dealing in preservation notice information or stored communications warrant information
135. Dealing in information by employees of carriers
136. Dealing in connection with Organisation's functions
137. Dealing in information obtained by Organisation
138. Employee of carrier may communicate information to criminal law - enforcement agency
139. Dealing for purposes of investigation etc.
139AA. Dealing in connection with Inspector - General's functions
139A. Dealing for integrity purposes
139B. Dealing for purposes relating to Part 5.3 orders or Part 9.10 orders
140. Dealing with information if access suspected to be unlawful
141. Making record for purpose of permitted communication
142. Further dealing by recipient of certain information
142A. Communicating information obtained as a result of an international assistance application
143. Giving information in evidence in exempt proceeding
144. Giving information in evidence if communication unlawfully accessed
145. Evidence that has been given in exempt proceeding
146. Giving information in evidence in civil proceedings for remedial relief

Division 3--Admissibility of evidence

147. Accessed material inadmissible except as provided
148. Stored communications warrant information inadmissible except as provided
149. Evidence that is otherwise inadmissible

Division 4--Destruction of records

150. Destruction of records

PART 3-5--KEEPING AND INSPECTION OF RECORDS

Division 1--Obligation to keep records

151. Obligation to keep records

Division 3--Inspection of preservation notice records by Inspector-General of Intelligence and Security

158A. Functions of the Inspector - General of Intelligence and Security

PART 3-6--REPORTS ABOUT ACCESS TO STORED COMMUNICATIONS

Division 1--Reports to the Minister

159. Annual reports regarding applications and warrants under Part 3 - 3
160. Minister may seek further information from Commonwealth agency

Division 2--Reports by the Minister

161. Annual report by Minister about stored communications warrants
161A. Report to contain information about preservation notices
162. Report to set out how many applications made and warrants issued
163. Report to contain information about effectiveness of warrants
163A. Report regarding international requests

Division 3--Provisions about annual reports

164. Annual reports

PART 3-7--CIVIL REMEDIES

165. Civil remedies--unlawful access or communication
166. Limitation periods etc.
167. No limitation on other liability
168. Concurrent operation of State and Territory laws
169. State or Territory courts--jurisdictional limits
170. Extended meaning of conviction --orders under section 19B of the Crimes Act 1914

CHAPTER 4--Access to telecommunications data

PART 4-1--PERMITTED ACCESS TO TELECOMMUNICATIONS DATA

Division 1--Outline of Part

171. Outline of Part

Division 2--General provisions

172. No disclosure of the contents or substance of a communication
173. Effect of Divisions 3 to 5

Division 3--The Organisation

174. Voluntary disclosure
175. Authorisations for access to existing information or documents
176. Authorisations for access to prospective information or documents

Division 4--Enforcement agencies

176A. Meaning of enforcement agency
177. Voluntary disclosure
178. Authorisations for access to existing information or documents--enforcement of the criminal law
178A. Authorisations for access to existing information or documents--locating missing persons
179. Authorisations for access to existing information or documents--enforcement of a law imposing a pecuniary penalty or protection of the public revenue
180. Authorisations for access to prospective information or documents

Division 4A--Foreign law enforcement

Subdivision A--Primary disclosures

180A. Authorisations for access to existing information or documents--enforcing foreign or international laws
180B. Authorisations for access to prospective information or documents--enforcing international laws

Subdivision B--Secondary disclosures

180C. Authorisations to disclose information or documents--enforcing foreign or international laws
180D. Authorisations to disclose information or documents--enforcement of the criminal law

Subdivision C--Conditions of disclosure to foreign law enforcement agencies

180E. Disclosing information etc. to foreign countries or foreign law enforcement agencies

Division 4B--Privacy to be considered when making authorisations

180F. Authorised officers to consider privacy

Division 4C--Journalist information warrants

Subdivision A--The requirement for journalist information warrants

180G. The Organisation
180H. Enforcement agencies

Subdivision B--Issuing journalist information warrants to the Organisation

180J. Requesting a journalist information warrant
180K. Further information
180L. Issuing a journalist information warrant
180M. Issuing a journalist information warrant in an emergency
180N. Duration of a journalist information warrant
180P. Discontinuance of authorisations before expiry of a journalist information warrant

Subdivision C--Issuing journalist information warrants to enforcement agencies

180Q. Enforcement agency may apply for a journalist information warrant
180R. Further information
180S. Oaths and affirmations
180T. Issuing a journalist information warrant
180U. Form and content of a journalist information warrant
180V. Entry into force of a journalist information warrant
180W. Revocation of a journalist information warrant by chief officer

Subdivision D--Miscellaneous

180X. Public Interest Advocates

Division 5--Uses of telecommunications data connected with provision of access

181. Uses of telecommunications data connected with provision of access

Division 6--Disclosure/use offences

181A. Disclosure/use offences: authorisations under Division 3
181B. Disclosure/use offences: certain authorisations under Division 4
182. Secondary disclosure/use offence: disclosures under Division 4
182A. Disclosure/use offences: journalist information warrants
182B. Permitted disclosure or use: journalist information warrants

PART 4-2--PROCEDURAL REQUIREMENTS RELATING TO AUTHORISATIONS

183. Form of authorisations and notifications
184. Notification of authorisations or revocations
185. Retention of authorisations
185A. Evidentiary certificates relating to acts by carriers
185B. Evidentiary certificates relating to acts by the Organisation
185C. Evidentiary certificates relating to acts by enforcement agencies
185D. Notification etc. of authorisations intended to identify media sources
185E. Reports on access to retained data
186. Report to Minister
186A. Obligation to keep records

CHAPTER 4A--Oversight by the Commonwealth Ombudsman

186B. Inspection of records
186C. Power to obtain relevant information
186D. Ombudsman to be given information and access despite other laws
186E. Application of Ombudsman Act
186F. Exchange of information between Ombudsman and State inspecting authorities
186G. Delegation by Ombudsman
186H. Ombudsman not to be sued
186J. Reports

CHAPTER 5--Co-operation with agencies

PART 5-1--DEFINITIONS

187. Definitions

PART 5-1A----DATA RETENTION

Division 1--Obligation to keep information and documents

187A. Service providers must keep certain information and documents
187AA. Information to be kept
187B. Certain service providers not covered by this Part
187BA. Ensuring the confidentiality of information
187C. Period for keeping information and documents

Division 2--Data retention implementation plans

187D. Effect of data retention implementation plans
187E. Applying for approval of data retention implementation plans
187F. Approval of data retention implementation plans
187G. Consultation with agencies and the ACMA
187H. When data retention implementation plans are in force
187J. Amending data retention implementation plans

Division 3--Exemptions

187K. The Communications Access Co - ordinator may grant exemptions or variations
187KA. Review of exemption or variation decisions

Division 4--Miscellaneous

187KB. Commonwealth may make a grant of financial assistance to service providers
187L. Confidentiality of applications
187LA. Application of the Privacy Act 1988
187M. Pecuniary penalties and infringement notices
187N. Review of operation of this Part
187P. Annual reports

PART 5-2--DELIVERY POINTS

188. Delivery points

PART 5-3--INTERCEPTION CAPABILITY

Division 1--Obligations

189. Minister may make determinations
190. Obligations of persons covered by a determination
191. Obligations of persons not covered by a determination in relation to a kind of telecommunications service

Division 2--Exemptions

192. The Communications Access Co - ordinator may grant exemptions
193. ACMA may grant exemptions for trial services

PART 5-4--INTERCEPTION CAPABILITY PLANS

195. Nature of an interception capability plan
196. Time for giving IC plans by carriers
197. Time for giving IC plans by nominated carriage service providers
198. Consideration of IC plans
199. Commencement of IC plans
200. Compliance with IC plans
201. Consequences of changed business plans
202. Confidential treatment of IC plans

PART 5-4A----REQUIREMENT ARISING FROM PROPOSED CHANGES

202A. Purpose of Part
202B. Carrier or provider to notify of proposed change
202C. Communications Access Co - ordinator may notify agencies

PART 5-5--DELIVERY CAPABILITY

203. Communications Access Co - ordinator may make determinations
204. Obligations of persons covered by a determination
205. Obligations of persons not covered by a determination in relation to a kind of telecommunications service

PART 5-6--ALLOCATION OF COSTS

Division 1--Outline of Part

206. Outline of Part

Division 2--Interception capability

207. Costs to be borne by the carriers

Division 3--Delivery capability

208. Costs to be borne by the interception agencies
209. Working out costs of delivery capabilities
210. Examination of lower cost options
211. ACMA may require independent audit of costs

CHAPTER 6--Miscellaneous

PART 6-1--MISCELLANEOUS

298. Protection of persons--control order declared to be void
299. Dealing with information obtained under a warrant--control order declared to be void
299A. Schedule 1
300. Regulations
SCHEDULE 1 International production orders

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback