Determination of Requirements Certificates under subsections 282(3), (4) or (5) (Cth)

AUSTRALIAN COMMUNICATIONS AUTHORITY

Telecommunications Act 1997

Determination of Requirements—Certificates under subsections 282(3), (4) or (5)

The Australian Communications Authority (ACA) hereby determines the requirements for a certificate under subsections 282(3), (4) or (5) under subsection 282(7) of the Telecommunications Act 1997.

Dated 10 December 1998

A.J. SHAW

Chairman

R. HORTON

Deputy Chairman

Australian Communications Authority

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Application

1.         The requirements set out in this determination apply to authorised officers of criminal law-enforcement agencies, civil penalty-enforcement agencies and public revenue agencies who may certify that a disclosure of information or a document is reasonably necessary under subsections 282(3), (4) or (5) of the Telecommunications Act 1997 (‘the Act’).

Requirements for a certificate under subsections 282 (3), (4) or (5)

2.         A certificate under subsections 282(3), (4) or (5) must comply with each of the following requirements.  It must:

(a)        specify the information or documents to be disclosed;

(b)        include a statement that the authorised officer is satisfied that the disclosure of information and documents is reasonably necessary for one or more of the following purposes:

(i)        the enforcement of the criminal law;

(ii)       the enforcement of a law imposing a pecuniary penalty;

(iii)       the protection of the public revenue;

(c)        state the name of the authorised officer certifying that the disclosure of the information is reasonably necessary;

(d)        include a statement that the certifying officer is an authorised officer;

(e)        if the certificate is in written form, be signed by the authorised officer;

(f)         if the certificate is in electronic form — confirm that a particular authorised officer issued the certificate, by identif5dng that officer through a unique code or unique identification consisting of a combination of symbols (for example, numbers, letters, marks and signs) which are recognisable to the person being requested to disclose the information or documents;

(g)        identify the name and type of enforcement agency of which the person is an authorised officer;

(h)        state the identity of the eligible person, eligible number-database person or emergency call person from whom the information is sought;

(i) specify which subsection or subsections of the Act the certificate is being issued under;

(j)         specify the date on which the certificate is issued; and

(k)        specify a facsimile number, electronic address or postal address to which the information required to be disclosed must be sent.

[Notes:

1. Division 2 of Part 13 of the Telecommunications Act sets out offences prohibiting the disclosure of certain information and documents.

However, subsections 282(3), (4) and (5) of the Act allow the information and documents to be disclosed on the basis that a certificate is issued which provides that the disclosure is reasonably necessary for a purpose described in section 282.

The certificate must be given by an authorised officer of an enforcement agency described in section 282.

Under subsection 282(7) of the Act, the authorised officer’s certificate must comply with requirements determined by the ACA.

Before making a determination, the ACA must consult the Privacy Commissioner.  On 7 August 1998, the ACA consulted the Privacy Commissioner.  The Commissioner’s comments have been taken into account in preparing this determination.

2. ‘Agency’, ‘authorised officer’, ‘civil penalty-enforcement agency’, ‘criminal law-enforcement agency’, ‘enforcement agency’, ‘officer’ ,‘public revenue agency’ and ‘senior officer’ are defined in subsection 282(10) of the Act and ‘eligible person’, ‘eligible number-database person’ are defined in sections 271 and 272 of the Act, respectively. ‘Emergency call person’ is defined in section 7 of the Act.]