Telecommunications (Interception and Access) Act 1979
No. 114, 1979
Compilation No. 133
Compilation date: 4 June 2026
Includes amendments: Act No. 75, 2025
This compilation is in 2 volumes
Volume 1: sections 1‑186J
Volume 2: sections 187‑300
Schedule 1
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Telecommunications (Interception and Access) Act 1979 that shows the text of the law as amended and in force on 4 June 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
Overview
The Telecommunications (Interception and Access) Act 1979 was enacted by the Australian Parliament to address the problem of unauthorised interception of telecommunications and to regulate the lawful interception and access to telecommunications for specific purposes. This Act provides a comprehensive framework that governs the interception and access to telecommunications, including stored communications, by authorised agencies in special circumstances. It ensures that such activities are conducted lawfully, with proper oversight and accountability mechanisms, and with adequate protection of privacy and other legal rights. The primary objective of the Act is to balance the need for law enforcement and national security with the protection of individual privacy and civil liberties. The Act also sets out the roles and responsibilities of various agencies and officials in authorising, executing, and overseeing interception and access operations.
Scope and Application
The Telecommunications (Interception and Access) Act 1979 applies to telecommunications within Australia, encompassing both the Commonwealth and state levels, while explicitly excluding Norfolk Island until a future repeal of the Telecommunications Act 1992 (Norfolk Island). The Act binds the Crown in right of the Commonwealth, each State, the Australian Capital Territory, the Northern Territory, and any other territory of the Commonwealth. It applies to interceptions and access to telecommunications conducted by or on behalf of authorised persons and agencies, including Commonwealth agencies such as the Australian Security Intelligence Organisation (ASIO) and eligible authorities of a State, which may be declared as agencies by the Minister. The Act prohibits the interception of telecommunications and access to stored communications unless specifically authorised by a warrant issued under the Act or under certain conditions for emergency interceptions. Certain interceptions, such as those for tracing the location of callers in emergencies, are explicitly allowed without a warrant. The Act also sets out stringent rules on the issuance, execution, and oversight of warrants, including judicial authorisation, regular reporting, and inspections by the Ombudsman. Exclusions from the Act's purview include specific provisions for Norfolk Island, which will be subject to the Act once the local legislation is repealed. Additionally, the Act includes detailed provisions for dealing with intercepted and accessed information, including restrictions on its communication and use, and provisions for its admissibility in legal proceedings. The Act provides for civil and criminal penalties for unauthorised interceptions, access, and improper dealing with intercepted or accessed information, while also establishing mechanisms for civil remedies and oversight by the Ombudsman and the Inspector-General of Intelligence and Security. The scope of the Act is further extended through subordinate instruments, which can declare state law enforcement authorities as agencies and specify conditions under which they can apply for warrants.
Key Provisions
- The Telecommunications (Interception and Access) Act 1979, as amended, governs the interception of telecommunications and access to stored communications in Australia. Section 7 (subsections 1 and 1A) prohibits the interception of telecommunications unless authorised by a warrant issued under specific provisions of the Act, and section 108 prohibits the accessing of stored communications without proper authorisation. Warrants can be issued by the Attorney-General, a Director-General, or a judge, depending on the circumstances. Commonwealth agencies, eligible authorities of States, and enforcement agencies have specific obligations, such as applying for warrants, reporting on their use, and keeping records of warrant-related activities. Section 63 and related provisions impose strict rules on the handling and communication of intercepted information and accessed stored communications, allowing for use only in permitted circumstances. For example, intercepted information cannot be used or communicated in criminal or civil proceedings unless explicitly permitted by the Act. Failure to comply with these provisions can result in significant civil and criminal penalties.
- The Act imposes various obligations on Commonwealth agencies, eligible authorities of States, and enforcement agencies. These include making applications for warrants, reporting on the use of warrants, and maintaining records of warrant-related activities. For instance, Section 39 requires agencies to apply for warrants on behalf of their officers, while Section 80 mandates the keeping of records related to warrant issuance and execution. Section 63 and related sections impose strict rules on the handling and communication of intercepted information and accessed stored communications. Such information can only be used or communicated in specific, permitted circumstances. Any unauthorised dealing with this information can result in serious legal consequences.
- The Act provides for several offences and penalties for breaches. For instance, Section 105 makes it an offence to intercept telecommunications without a warrant or to deal with intercepted information or warrant information without authorisation. This carries a maximum penalty of 2 years imprisonment. Section 106 makes it an offence to obstruct or hinder someone acting under a warrant, with a penalty of 6 months imprisonment. Additionally, Section 133 makes it an offence to deal with accessed stored communications information or warrant information without authorisation, carrying a maximum penalty of 2 years imprisonment. Civil remedies are also available under Part 2-10 for unlawful interception or access, allowing aggrieved parties to seek compensation. The Act ensures that intercepted and accessed information can only be used in specific, permitted ways, and unauthorised use or communication can lead to significant penalties.
- Area of Law
- National Security Law
- Criminal Law
- Privacy Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Regulatory Standards
- Civil Remedies
- Enforcement Powers
- Access to Information