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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 187AA

Information to be kept

             (1)  The following table sets out the kinds of information that a service provider must keep, or cause to be kept, under subsection 187A(1):

 

Kinds of information to be kept

Item

Topic
Column 1

Description of information
Column 2

1

The subscriber of, and accounts, services, telecommunications devices and other relevant services relating to, the relevant service

The following:

(a) any information that is one or both of the following:

(i) any name or address information;

(ii) any other information for identification purposes;

relating to the relevant service, being information used by the service provider for the purposes of identifying the subscriber of the relevant service;

(b) any information relating to any contract, agreement or arrangement relating to the relevant service, or to any related account, service or device;

(c) any information that is one or both of the following:

(i) billing or payment information;

(ii) contact information;

relating to the relevant service, being information used by the service provider in relation to the relevant service;

(d) any identifiers relating to the relevant service or any related account, service or device, being information used by the service provider in relation to the relevant service or any related account, service or device;

(e) the status of the relevant service, or any related account, service or device.

2

The source of a communication

Identifiers of a related account, service or device from which the communication has been sent by means of the relevant service.

3

The destination of a communication

Identifiers of the account, telecommunications device or relevant service to which the communication:

(a) has been sent; or

(b) has been forwarded, routed or transferred, or attempted to be forwarded, routed or transferred.

4

The date, time and duration of a communication, or of its connection to a relevant service

The date and time (including the time zone) of the following relating to the communication (with sufficient accuracy to identify the communication):

(a) the start of the communication;

(b) the end of the communication;

(c) the connection to the relevant service;

(d) the disconnection from the relevant service.

5

The type of a communication or of a relevant service used in connection with a communication

The following:

(a) the type of communication;

Examples:                Voice, SMS, email, chat, forum, social media.

(b) the type of the relevant service;

Examples:                ADSL, Wi-Fi, VoIP, cable, GPRS, VoLTE, LTE.

(c) the features of the relevant service that were, or would have been, used by or enabled for the communication.

Examples:                Call waiting, call forwarding, data volume usage.

Note:       This item will only apply to the service provider operating the relevant service: see paragraph 187A(4)(c).

6

The location of equipment, or a line, used in connection with a communication

The following in relation to the equipment or line used to send or receive the communication:

(a) the location of the equipment or line at the start of the communication;

(b) the location of the equipment or line at the end of the communication.

Examples:                Cell towers, Wi-Fi hotspots.

             (2)  The Minister may, by legislative instrument, make a declaration modifying (including by adding, omitting or substituting) the table in subsection (1), or that table as previously modified under this subsection.

             (3)  A declaration under subsection (2):

                     (a)  comes into force when it is made, or on such later day as is specified in the declaration; and

                     (b)  ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

             (4)  If a Bill is introduced into either House of the Parliament that includes an amendment of subsection 187A(4) or subsection (1) or (5) of this section, the Minister:

                     (a)  must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

                     (b)  must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.

             (5)  For the purposes of items 2, 3, 4 and 6 of the table in subsection (1) and any modifications of those items under subsection (2), 2 or more communications that together constitute a single communications session are taken to be a single communication.



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