Telecommunications (Interception and Access) Regulations 1987
Statutory Rules No. 329, 1987
made under the
Telecommunications (Interception and Access) Act 1979
Compilation No. 15
Compilation date: 16 October 2015
Includes amendments up to: SLI No. 167, 2015
Registered: 28 October 2015
About this compilation
This compilation
This is a compilation of the Telecommunications (Interception and Access) Regulations 1987 that shows the text of the law as amended and in force on 16 October 2015 (the compilation date).
This compilation was prepared on 23 October 2015.
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. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the series page on ComLaw for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Introduction
Division 1—Preliminary
1 Name of Regulations
1A Authority
Division 2—Interpretation
2 Definition
2A Proceeding for confiscation or forfeiture or for pecuniary penalty—prescribed Acts
Part 2—Interception of telecommunications
2B Criminal organisation—prescribed provisions
Part 3—Prescribed forms for warrants
Division 1—Telecommunications service warrants, issue of named person warrants and entry on premises warrants
3 Warrants authorising agencies to intercept telecommunications—prescribed forms
Division 2—Stored communication warrants
4 Stored communications warrant—prescribed form
Division 3—Journalist information warrants
5 Journalist information warrant—prescribed form
Part 4—Access to telecommunications data
Division 1—Journalist information warrants
6 Public Interest Advocate to be given proposed journalist information warrant requests made by the Director‑General of Security
7 Public Interest Advocate to be given proposed journalist information warrant applications made by an enforcement agency
8 Public Interest Advocate to deal with proposed journalist information warrant requests and applications
9 Public Interest Advocate to prepare submissions
10 Public Interest Advocate’s attendance at hearing of oral application by an enforcement agency for a proposed journalist information warrant
11 Further information, or a copy or summary of information, to be given to Public Interest Advocate
12 Public Interest Advocate to return proposed journalist information warrant requests and applications
Division
Overview
The Telecommunications (Interception and Access) Regulations 1987 were enacted under the Telecommunications (Interception and Access) Act 1979, which was introduced to address the need for regulating the interception and access of telecommunications data in Australia. The regulations were established to provide detailed guidelines and procedures for the issuance and execution of warrants related to telecommunications interceptions and access, ensuring that such actions are conducted lawfully and with proper oversight. The enacting body was the Parliament of Australia, with the intent to balance the need for law enforcement and national security with the protection of individual privacy rights.
Scope and Application
The Telecommunications (Interception and Access) Regulations 1987 are made under the Telecommunications (Interception and Access) Act 1979 and apply nationally across Australia. These regulations outline the procedures and requirements for the interception of telecommunications and the access to telecommunications data for investigative purposes, with a strong emphasis on the protection of privacy and the oversight of these activities. They apply to agencies authorised by the Act, such as law enforcement and intelligence agencies, and to individuals whose telecommunications are intercepted or whose data is accessed. The regulations also establish specific forms for warrants, such as telecommunications service warrants, stored communications warrants, and journalist information warrants, detailing the information and justification required for each type of warrant. The regulations further establish the role of the Public Interest Advocate, who reviews journalist information warrants to ensure that the public interest in the confidentiality of journalistic sources is adequately considered. The Public Interest Advocate must be a qualified legal professional, such as a Queen’s Counsel or a former judge, and cannot hold certain positions, such as being an employee of the Commonwealth or a member of Parliament. The regulations provide for the remuneration of Public Interest Advocates and outline their duties, including reviewing warrant requests and applications, preparing submissions, and attending hearings. The regulations also include provisions for the disclosure of interests, conflicts of interest, and the immunity of Public Interest Advocates from legal action. They allow for arrangements with state and territory governments regarding the administration of the Act and these regulations, although the absence of such arrangements does not affect the validity of any exercise of power or performance of a function under the regulations. The regulations have been amended over the years to refine and update the procedures for issuing and reviewing warrants, particularly in relation to journalist information warrants.
Key Provisions
- The Telecommunications (Interception and Access) Regulations 1987 are a set of regulations made under the Telecommunications (Interception and Access) Act 1979. They outline the procedures for the issuance and use of warrants related to telecommunications interception and access, and the role of the Public Interest Advocate in these processes. The Regulations include specific forms for warrants and provide detailed guidance on the conditions and restrictions that apply to these warrants. They also establish the eligibility, duties, and protections for Public Interest Advocates, who are appointed to review requests and applications for journalist information warrants and provide submissions to the relevant authorities. The Regulations also address the arrangements for making and using warrants, including the circumstances under which warrants can be issued and the criteria that must be met. The obligations imposed by these Regulations include ensuring that the Public Interest Advocate is given copies of proposed journalist information warrant requests and applications before they are made to the relevant authorities. Public Interest Advocates must consider these requests and applications and prepare submissions that include relevant facts and considerations. They must also ensure that they disclose any conflicts of interest and avoid any actions that could lead to a conflict of interest. The Regulations outline the penalties for breaches, though specific penalties are not detailed within the Regulations themselves; instead, they refer to the overarching Act for such details. The penalties can include both civil and criminal consequences, with the severity of the penalty depending on the nature and severity of the breach. The exact penalties are specified in the Telecommunications (Interception and Access) Act 1979, which the Regulations operate under.
- Area of Law
- Telecommunications Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Enforcement Powers
- Licensing & Registration
- Reporting & Disclosure Obligations
- Transitional Provisions
