Telecommunications (Interception and Access) Amendment Act 2007
No. 177, 2007
An Act to amend the Telecommunications (Interception and Access) Act 1979, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Access to telecommunications data and co‑operation with interception agencies
Part 1—Main amendments
Telecommunications (Interception and Access) Act 1979
Part 2—Consequential amendments
Australian Communications and Media Authority Act 2005
Criminal Code Act 1995
Intelligence Services Act 2001
Telecommunications Act 1997
Telecommunications (Interception and Access) Act 1979
Part 3—Application, saving and transitional provisions
Schedule 2—Other amendments
Part 1—Amendments
Telecommunications (Interception) Amendment Act 2006
Telecommunications (Interception and Access) Act 1979
Part 2—Application and transitional provisions
Telecommunications (Interception and Access) Amendment Act 2007
No. 177, 2007
An Act to amend the Telecommunications (Interception and Access) Act 1979, and for other purposes
[Assented to 28 September 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications (Interception and Access) Amendment Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 28 September 2007 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 November 2007 (see F2007L03941) |
3. Schedule 2, item 1 | Immediately after the time specified in the Telecommunications (Interception) Amendment Act 2006 for the commencement of item 8 of Schedule 5 to that Act. | 3 November 2006 |
4. Schedule 2, items 2 to 26 | The day after this Act receives the Royal Assent. | 29 September 2007 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Access to telecommunications data and co‑operation with interception agencies
Part 1—Main amendments
Telecommunications (Interception and Access) Act 1979
1 Subsection 5(1)
Insert:
ACMA means the Australian Communications and Media Authority.
Overview
The Telecommunications (Interception and Access) Amendment Act 2007 was enacted by the Parliament of Australia to address specific gaps and problems within the existing Telecommunications (Interception and Access) Act 1979. The primary objective of this amendment was to refine the legal framework surrounding the interception and access of telecommunications data, particularly for enforcement and national security purposes. The Act introduced changes to definitions, expanded the categories of enforcement agencies, and clarified the processes and conditions under which interception and access could be authorised. Additionally, it introduced new mechanisms for the cooperation between interception agencies and telecommunications carriers regarding the delivery of lawfully intercepted information. The amendments sought to balance the need for effective law enforcement and national security measures with the protection of privacy and the maintenance of lawful interception practices.
Scope and Application
The Telecommunications (Interception and Access) Amendment Act 2007 amends the Telecommunications (Interception and Access) Act 1979, governing the interception and access to telecommunications data by authorised agencies and persons. The Act applies to various entities, including carriers, carriage service providers, interception agencies, and enforcement agencies, operating within the Commonwealth of Australia. It also applies to individuals who are authorised officers of enforcement agencies or relevant staff members of those agencies. The Act establishes provisions for the voluntary disclosure and authorisation of telecommunications data, ensuring that such actions are in compliance with the Act and the Telecommunications Act 1997. It further details the roles and responsibilities of the Communications Access Co-ordinator, the Australian Communications and Media Authority, and the interception agencies in facilitating and overseeing telecommunications data access and interception capabilities. The Act also sets out the conditions for exemptions and authorisations related to interception capabilities and delivery capabilities, with specific attention to the costs associated with these capabilities and the mechanisms for resolving cost disputes. The Act includes transitional provisions to ensure continuity of existing authorisations, certificates, and plans in light of the amendments introduced by this Act.
Key Provisions
- The Telecommunications (Interception and Access) Amendment Act 2007 (C2007A00177) amends the Telecommunications (Interception and Access) Act 1979 (TIA Act) to enhance the interception and access capabilities of certain agencies while ensuring compliance with privacy and operational requirements. The Act introduces new provisions regarding authorised disclosures of telecommunications data, the responsibilities of carriers and interception agencies in terms of interception and delivery capabilities, and procedural requirements for authorisations and notifications. It also makes consequential amendments to other Acts to reflect these changes.
- The key sections of the Act that impose requirements or permit certain actions include provisions for authorised disclosures of telecommunications data by carriers and interception agencies under specific conditions, as well as provisions that set out the obligations of carriers and interception agencies in terms of interception and delivery capabilities. The Act outlines detailed procedures for the issuance and notification of authorisations and the retention of authorisations, with specific reporting requirements for enforcement agencies. Additionally, it defines the roles and responsibilities of the Communications Access Coordinator and provides for the making of determinations regarding interception and delivery capabilities.
- Parties or entities governed by the Act, including carriers and interception agencies, are subject to various obligations and requirements. Carriers must ensure that their telecommunications services have the necessary interception and delivery capabilities as determined by relevant authorities. Interception agencies, on the other hand, must comply with the specified interception and delivery capability requirements and bear the associated costs. The Act also mandates that carriers and interception agencies provide and maintain interception capability plans and delivery capability plans, subject to review and approval by the Communications Access Coordinator.
- Failure to comply with the provisions of the Act can result in civil and criminal penalties. For instance, the Act creates an offence for secondary disclosure or use of telecommunications data that is disclosed as permitted by the Act, with a penalty of imprisonment for up to 2 years. Furthermore, carriers and interception agencies must ensure that they retain relevant authorisations and records for specified periods and report on their activities to the relevant authorities as required.
- In summary, the Telecommunications (Interception and Access) Amendment Act 2007 imposes specific obligations on carriers and interception agencies to ensure the lawful interception and delivery of telecommunications data. It sets out detailed procedures for the issuance and notification of authorisations and the retention of authorisations, with specific reporting requirements for enforcement agencies. The Act also mandates that carriers and interception agencies provide and maintain interception capability plans and delivery capability plans, subject to review and approval by the Communications Access Coordinator. Failure to comply with the provisions of the Act can result in civil and criminal penalties.
- Area of Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers
- Transitional Provisions