Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) AMENDMENT REGULATIONS 2006 (NO. 2) (SLI NO 293 OF 2006)

EXPLANATORY STATEMENT

Select Legislative Instrument 2006 No. 293

Issued by the authority of the Attorney-General

Telecommunications (Interception and Access) Act 1979

Telecommunications (Interception and Access) Amendment Regulations 2006 (No. 2)

Section 300 of the Telecommunications (Interception and Access) Act 1979 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Act prohibits the interception of telecommunications, except in specified circumstances. In particular, the Act provides for the issue of warrants for the interception of telecommunications.

Schedule 5 to the Telecommunications (Interception) Amendment Act 2006 (the Amendment Act) relevantly amends the Act to change the date on which a telecommunications interception warrant comes into force. Telecommunications interception warrants will now come into force at the time that they are issued to an intercepting agency by an eligible Judge or nominated member of the Administrative Appeals Tribunal. Previously, a lawfully issued telecommunications interception warrant issued to an agency other than the Australian Federal Police (AFP) would only come into force after it had been provided to the AFP and the AFP had provided it to the relevant carrier.

The purpose of the Regulations is to amend the Telecommunications (Interception and Access) Regulations 1987 (the Principal Regulations) to amend the current prescribed warrant forms to reflect the amendments made to the Act by Schedule 5 to the Amendment Act so that they accord with the provisions of the Act as amended.

The Regulations commenced the day after they were registered.

Agencies which have the power to apply for telecommunications interception warrants have been advised of the changes proposed to be affected by the Regulations.

Details of the Regulations are as follows:

Regulation 1 – Name of Regulations

Regulation 1 provides that these Regulations are the Telecommunications (Interception and Access) Amendment Regulations 2006 (No. 2).

Regulation 2 – Commencement

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 – Amendment of the Telecommunications (Interception and Access) Regulations 1987

Regulation 3 provides that Schedule 1 amends the Telecommunications (Interception and Access) Regulations 1987.

Schedule 1 – Amendments

Item [1] amends prescribed Form 3 in Schedule 3 to the Principal Regulations. Form 3 is the prescribed form for a telecommunications service warrant, issued under section 46 of the Act. The amendment reflects that a telecommunications service warrant will now come into force at the time that it is issued.

Item [2] amends prescribed Form 4 in Schedule 3 to the Principal Regulations. Form 4 is the prescribed form for a named person warrant, issued under section 46A of the Act. The amendment reflects that a named person warrant will now come into force at the time that it is issued.

Item [3] amends prescribed Form 5 in Schedule 3 to the Principal Regulations. Form 5 is the prescribed form for a warrant to enable entry to premises and telecommunications interception, issued under section 48 of the Act. The amendment ensures that the Form refers to the correct provision of the Act.

 


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