Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

Administered by Department of Home Affairs

Legislation au C2015A00039 In force Act

Legislation content

 

 

 

 

 

 

Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

 

No. 39, 2015

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Data retention

Part 1—Main amendments

Telecommunications (Interception and Access) Act 1979

Part 2—Other amendments

Australian Security Intelligence Organisation Act 1979

Intelligence Services Act 2001

Privacy Act 1988

Telecommunications Act 1997

Telecommunications (Interception and Access) Act 1979

Part 3—Application provisions

Schedule 2—Restricting access to stored communications and telecommunications data

Part 1—Main amendments

Telecommunications (Interception and Access) Act 1979

Part 2—Other amendments

Telecommunications (Interception and Access) Act 1979

Part 3—Application provisions

Schedule 3—Oversight by the Commonwealth Ombudsman

Part 1—Amendments

Telecommunications (Interception and Access) Act 1979

Part 2—Application provisions

 

 

 

Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

No. 39, 2015

 

 

 

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

[Assented to 13 April 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015.

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

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

13 April 2015

2.  Schedule 1, items 1 to 7

The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.

13 October 2015

3.  Schedule 1, items 8 to 11

The day this Act receives the Royal Assent.

13 April 2015

4.  Schedules 2 and 3

The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.

13 October 2015

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation 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—Data retention

Part 1—Main amendments

Telecommunications (Interception and Access) Act 1979

1  After Part 5‑1

Insert:

Part 5‑1A—Data retention

Division 1—Obligation to keep information and documents

187A  Service providers must keep certain information and documents

 (1) A person (a service provider) who operates a service to which this…

Overview

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 was enacted by the Parliament of Australia to amend the Telecommunications (Interception and Access) Act 1979, primarily to introduce data retention obligations for certain telecommunications service providers. This legislation was introduced to address the gap in retaining data that could be crucial for law enforcement and national security purposes. The Act requires specified service providers to keep certain types of information and documents relating to communications carried by their services for specific periods. The policy objective behind this Act is to balance the need for data retention for security purposes with the protection of privacy and the avoidance of undue regulatory burden on service providers.

Scope and Application

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 amends the Telecommunications (Interception and Access) Act 1979 to introduce new obligations for certain service providers to retain telecommunications data. The Act applies to service providers who operate services for carrying communications using electromagnetic energy, including carriers, internet service providers, and services for which a declaration is in force. It does not apply to broadcasting services. The Act requires service providers to retain specified types of information relating to communications carried by their services, such as subscriber information, communication identifiers, and connection details. However, it explicitly excludes the retention of communication content, web browsing history, and other information. The retained data must be kept for a period of up to two years, depending on the type of information. Service providers can apply for data retention implementation plans to phase in compliance with the retention obligations. The Minister may grant exemptions or variations to the retention obligations, taking into account factors such as law enforcement interests and service provider compliance history. The Act also includes provisions for the review of exemption decisions by the Australian Communications and Media Authority. The Act extends to the Commonwealth and applies nationally. The Act does not specify any exclusions or thresholds. The application of the Act may be extended through subordinate instruments, such as declarations by the Minister regarding the services to which the retention obligations apply.

Key Provisions

  • The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 introduces significant changes to the Telecommunications (Interception and Access) Act 1979, particularly in relation to data retention obligations for service providers. The Act mandates that service providers operating certain telecommunications services must retain specific types of information and documents related to communications carried by their services. This includes details about the subscribers, accounts, telecommunications devices, and services associated with the communication, as well as identifiers related to the source and destination of the communication, the date and time of the communication, and the type of communication or service used. The Act specifies the period for which this information must be retained, which generally ranges from the creation of the information to two years after the account's closure.
  • The Act also outlines the obligations and requirements for service providers, including the need to protect the confidentiality of retained information through encryption and measures against unauthorised access or interference. It provides mechanisms for service providers to apply for data retention implementation plans that may temporarily modify their obligations, subject to approval by the Communications Access Co-ordinator. Furthermore, the Act establishes a framework for exemptions or variations to the data retention obligations, which can be decided by the Communications Access Co-ordinator and reviewed by the Australian Communications and Media Authority (ACMA).
  • In terms of consequences for non-compliance, the Act designates certain sections as civil penalty provisions under the Telecommunications Act 1997, which allows for pecuniary penalties and infringement notices for breaches. Additionally, the Act mandates a review of its operation by the Parliamentary Joint Committee on Intelligence and Security and requires the Minister to prepare annual reports on the Act's operation, including information on the costs to service providers and the use of data retention implementation plans.
  • The Act also includes provisions for oversight by the Commonwealth Ombudsman, who is tasked with inspecting the records of enforcement agencies to ensure compliance with the Act. The Ombudsman has the authority to require officers of these agencies to provide information and attend interviews, and is empowered to delegate these functions to inspecting officers or other authorised individuals. Failure to comply with the Ombudsman's requirements is an offence carrying a penalty of imprisonment for six months.

Legal classification tags

Area of Law
Telecommunications Law
Privacy Law
Data Protection Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Enforcement Powers
Reporting & Disclosure Obligations
Prohibited Conduct

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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.