Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Amendment Determination 2012 (Cth)

Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Amendment Determination 2012

Telecommunications (Interception and Access) Act 1979

I, GEOFF A McDONALD, Communications Access Co‑ordinator, make this Determination under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979.

Dated  5 DECEMBER 2012

GEOFF A McDONALD

Communications Access Co‑ordinator

1. Name of Determination

This Determination is the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Amendment Determination 2012.

1. Commencement

This Determination commences on the day after it is registered.

3              Consultation

Pursuant to subsection 183(3) of the Act, the Australian Communications and Media Authority and the Information Commissioner were consulted prior to the making of this Determination.

Note Subsection 183(3) of the Act states that the Communications Access Co‑ordinator must consult with the ACMA and the Information Commissioner prior to making a determination under section 183.

4              Amendment of Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012

Schedule 1 amends the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012 in relation to each of the following:

(a)    an authorisation made under Divisions 4 and 4A of Part 4-1 of Chapter 4 of the Act;

(b)    the notification of an authorisation made under Divisions 4 and 4A of Part 4-1 of Chapter 4 of the Act;

(c)    the revocation of an authorisation made under Division 4A of Part 4-1 of Chapter 4 of the Act; and

(d)    the notification of a revocation made under Division 4A of Part 4-1 of Chapter 4 of the Act.

Note Subsection 183(2) of the Act states that the Communications Access Co‑ordinator may determine, by legislative instrument, the requirements for authorisations, notifications and revocations.

Schedule 1     Amendments

(section 4)

[1]     Section 3, note 3

Before provision	insert
180B(3)	180(2), 180(3),
of the Act referred to in this Determination	, 184(3) and 184(5)

[2]     Part 2

Provision	omit
Clause 2.01A, table 2.01A(2), information required under item 4	name of the person from whom disclosure is sought and
Clause 2.03, table 2.03(3), information required under item 4	name of the person from whom disclosure is sought and
Clause 2.04, table 2.04(1), information required under item 4	name of the person from whom disclosure is sought and

[3]    Part 3, clause 3.03, table 3.03(1)

Provision	omit
Information required under subitem 3(b)(iv)	and identity of the foreign law enforcement agency for whom the disclosure is requested
Information required under subitem 3(c)(iv)	and identity of the foreign law enforcement agency for whom the disclosure is requested.
Information required under subitem 3(d)(iv)	and identity of the foreign law enforcement agency for whom the disclosure is requested

[4]     After Part 3, clause 3.03, table 3.03(1), subitem 3(d)(viii)(B)

insert

Item	Information
4	The means by which the information or documents should be disclosed to the relevant staff member
5	The date on which the notification is made

[5]     Part 4, clause 4.03, table 4.03(1)

Provision	omit
Information required under subitem 4(c)	and identify of the foreign law enforcement agency

[6]     Part 5, clause 5.03, table 5.03(1)

Provision	omit
Information required under subitem 3(b)(iv)(C)	and identify of the foreign law enforcement agency