Telecommunications (Interception) Amendment Act 1995

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Telecommunications (Interception) Amendment Act 1995

No. 141 of 1995

 

An Act to amend the Telecommunications (Interception) Act 1979 and the Telecommunications Act 1991, and for related purposes

[Assented to 12 December 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Telecommunications (Interception) Amendment Act 1995.


Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Part 2 of Schedule 1 commences on a day to be fixed by Proclamation.

(3) If Part 2 of Schedule 1 does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Amendments

3. The Acts specified in the Schedules are amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms

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     SCHEDULE 1     Section 3

AMENDMENT OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

PART 1—DEFINITION OF “CLASS 2 OFFENCE”

1. Subsection 5(1) (definition of “class 2 offence”):

Omit the definition, substitute:

“ ‘class 2 offence’ has the meaning given by section 5D;”.

2 After section 5C:

Insert:

Class 2 offences

Class 2 offences

“5D.(1) This section sets out the offences that are class 2 offences for the purposes of this Act.

Serious offences etc.

“(2) An offence is a class 2 offence if:

(a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and

(b) the particular conduct constituting the offence involved, involves or would involve, as the case requires:

(i) loss of a person’s life or serious risk of loss of a person’s life; or

(ii) serious personal injury or serious risk of serious personal injury; or

(iii) serious damage to property in circumstances endangering the safety of a person; or

(iv) trafficking in prescribed substances; or

(v) serious fraud; or

(vi) serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or

(vii) bribery or corruption of, or by:

(A) an officer of the Commonwealth; or

(B) an officer of a State; or

(C) an officer of a Territory.

Offences involving planning and organisation

“(3) An offence is also a class 2 offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence:


SCHEDULE 1—continued

(a) involves 2 or more offenders and substantial planning and organisation; and

(b) involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and

(c) is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and

(d) consists of, or involves, any of the following:

(i) theft;

(ii) handling of stolen goods;

(iii) tax evasion;

(iv) currency violations;

(v) extortion;

(vi) bribery…

Overview

The Telecommunications (Interception) Amendment Act 1995 was enacted to address gaps in the regulatory framework governing telecommunications interception, particularly in relation to warrant management, offence classifications, and the provision of civil remedies for unlawful interceptions. This Act amends the Telecommunications (Interception) Act 1979 and the Telecommunications Act 1991, and was assented to on 12 December 1995 by the Parliament of Australia. The policy objective of this legislation is to enhance the effectiveness and oversight of telecommunications interception practices while ensuring that the rights and privacy of individuals are protected. The Act introduces amendments such as redefining "class 2 offences" to include more serious criminal activities, establishing a Special Register for expired warrants, and providing civil remedies for individuals whose communications have been unlawfully intercepted.

Scope and Application

The Telecommunications (Interception) Amendment Act 1995 amends the Telecommunications (Interception) Act 1979 and the Telecommunications Act 1991, introducing significant changes to the regulation of telecommunications interception. This Act applies to offences committed before or after its commencement, including those related to serious crimes and money laundering. It mandates the creation of a Special Register of Warrants by the Commissioner of Police, requiring detailed records of expired warrants and regular submissions to the Minister. The Act also introduces civil remedies for unlawful interception or communication, allowing aggrieved persons to seek relief in both civil and criminal courts. Additionally, it imposes strict controls on the disclosure of designated warrant information and mandates reporting obligations for agencies and authorities involved in telecommunications interception. The amendments also extend to licence holders under the Telecommunications Act 1991, requiring them to comply with interception capability requirements as specified by the Minister.

Key Provisions

  • The Telecommunications (Interception) Amendment Act 1995 (Act) amends the Telecommunications (Interception) Act 1979 and the Telecommunications Act 1991. This Act introduces new definitions and requirements concerning the interception of telecommunications, the maintenance of warrants, and the disclosure of information about warrants. It also imposes new obligations and penalties for breaches of the amended Acts.
  • First, the main operative sections and what they require or permit are as follows. Section 5D of the amended Telecommunications (Interception) Act 1979 redefines "class 2 offence" to include serious offences and offences involving planning and organisation, trafficking in prescribed substances, serious fraud, serious loss to revenue, bribery or corruption, and money laundering offences. Section 81C of the amended Act requires the Commissioner of Police to maintain a Special Register of Warrants, which records details of expired warrants that do not result in criminal proceedings within three months. Section 107A of the amended Act provides for civil remedies for unlawful interception or communication, allowing aggrieved persons to seek relief from courts. Section 6EA of the amended Act defines "designated warrant information" and restricts its communication, use, recording, and evidence in proceedings, with some exceptions for specific purposes and employees of carriers.
  • Second, the Act imposes several obligations and requirements on parties or entities it governs. For instance, section 81D of the amended Act mandates the Commissioner of Police to submit the Special Register to the Minister for inspection regularly. Section 81E of the amended Act allows the Commissioner to require eligible authorities to provide information for the Special Register. Section 94 of the amended Act requires chief officers of Commonwealth agencies to report to the Minister on the use and usefulness of intercepted information. Section 102 of the amended Act requires the Minister to report on the percentage of warrants that lead to prosecutions and the total warrant expenditure.
  • Third, the Act provides for offences, penalties, or civil/criminal consequences for breach. Section 63 of the amended Act prohibits the communication, use, recording, and evidence of designated warrant information, with penalties for contravention. Section 7(2) and (2A) of the amended Act limit the circumstances under which employees of carriers may intercept communications, with potential penalties for unauthorised interception. The Act does not specify maximum penalties for these offences, but they may be determined by relevant laws or regulations.

Legal classification tags

Area of Law
Privacy Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Civil Penalty Provisions
Reporting & Disclosure Obligations
Regulatory Standards
Exemptions & Exclusions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.