Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2007 (Cth)
Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2007
Telecommunications (Interception and Access) Act 1979
I, KEITH C HOLLAND, Communications Access Co‑ordinator, make this Determination under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979.
Dated 19 November 2007
KEITH C HOLLAND
Communications Access Co‑ordinator
Name of Determination
This Determination is the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2007.
Commencement
This Determination commences on 1 December 2007.
3 Definitions
In this Determination:
Act means the Telecommunications (Interception and Access) Act 1979.
Note 1 Subsection 5(1) of the Act defines the following terms:
·ACMA
·authorised officer
·Communications Access Co‑ordinator
·criminal law-enforcement agency
·enforcement agency
·relevant staff member
·the Organisation
Note 2 ‘Eligible person’ is defined in subsection 175(2) of the Act for the purposes of section 175 and in subsection 176(2) for the purposes of section 176.
4 Consultation
Pursuant to subsection 183(3) of the Act, the ACMA and the Privacy 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 Privacy Commissioner prior to making a determination under section 183
5 Requirements relating to authorisations, notifications and revocations
Schedule 1 sets out the requirements relating to each of the following:
(a) an authorisation made under Division 3 or 4 of Part 4-1 of Chapter 4 of the Act;
(b) the notification of an authorisation;
(c) the revocation of an authorisation;
(d) the notification of a revocation.
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 Requirements relating to authorisations, notifications and revocations
(section 5)
Part 1 Authorisations made by the Organisation
1.01 Authorisation for access to existing information or documents
(1) For subsection 183(2) of the Act, and in respect of subsection 175(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the eligible person who is making the authorisation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions |
| 7 | The date on which the authorisation is made |
(2) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
1.02 Authorisation for access to prospective information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 176(2) and 176(3) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the eligible person who is making the authorisation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person from whom disclosure is sought |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions |
| 7 | The date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 90 days beginning on the day the authorisation is made) |
Note for item 3 of the table: An authorisation for access to prospective information or documents is made under subsection 176(2) of the Act, but subsection 176(3) provides that an eligible person may also authorise the disclosure of existing information or documents.
Note for item 7 of the table: Paragraph 176(5)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
(2) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 2 Authorisations made by enforcement agencies
2.01 Authorisation for access to existing information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 178(2) and 179(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the enforcement agency |
| 2 | The basis on which the enforcement agency is an enforcement agency |
| 3 | The identity of the authorised officer who is making the authorisation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision(s) of the Act under which the authorisation is made |
| 6 | The name of the person from whom disclosure is sought |
| 7 | Details of the information or documents to be disclosed |
| 8 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law, for the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue (as applicable) |
| 9 | The date on which the authorisation is made |
(2) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
2.02 Authorisation for access to prospective information or documents
(1) For subsection 183(2) of the Act, and in respect of subsections 180(2) and 180(3) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the criminal law‑enforcement agency |
| 2 | The basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency |
| 3 | The identity of the authorised officer who is making the authorisation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision(s) of the Act under which the authorisation is made |
| 6 | The name of the person from whom disclosure is sought |
| 7 | Details of the information or documents to be disclosed |
| 8 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years, including short particulars of the offence |
| 9 | A statement that the authorised officer: (a) has had regard to how much the privacy of any person or persons would be likely to be interfered with by the disclosure; and (b) is satisfied that the impact on privacy is outweighed by the seriousness of the conduct being investigated |
| 10 | The date on which the authorisation is made and the date on which it is to end (being a date that is no later than the end of the period of 45 days beginning on the day the authorisation is made) |
Note for item 5 of the table: An authorisation for access to prospective information or documents is made under subsection 180(2) of the Act, but subsection 180(3) provides that an authorised officer may also authorise the disclosure of existing information or documents.
Note for item 10 of the table: Paragraph 180(6)(a) of the Act provides that an authorisation comes into force at the time when the person from whom the disclosure is sought receives notification of the authorisation
(2) An authorisation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 3 Notifications of authorisations
3.01 Notification of an authorisation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 184(1) of the Act and an authorisation made under Division 3 of Part 4-1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
| Item | Information |
| 1 | The identity of the officer or employee of the Organisation who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following: (a) a copy of the authorisation; or (b) a statement that specifies: (i) the identity of the eligible person who made the authorisation; and (ii) the basis on which the eligible person is an eligible person; and (iii) the relevant provision(s) of the Act under which the authorisation is made; and (iv) the name of the person from whom disclosure is sought; and (v) details of the information or documents to be disclosed; and (vi) that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions; and (vii) the date on which the authorisation was made; and (viii) if applicable, the date on which the authorisation is to end (being a date that is no later than the end of the period of 90 days beginning on the day the authorisation is made) |
| 4 | The means by which the information or documents should be disclosed to the officer or employee |
| 5 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(2) A notification of an authorisation must:
(a) if the notification is in written form — be signed by its maker; or
(b) if the notification is in electronic form — state a unique identifier of the Organisation.
3.02 Notification of an authorisation made by an enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 184(3) of the Act and an authorisation made under Division 4 of Part 4-1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
| Item | Information |
| 1 | The identity of the relevant staff member of the enforcement agency who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following: (a) a copy of the authorisation; or (b) if the authorisation was made under subsection 178(2) or 179(2) — a statement that specifies: (i) the identity of the enforcement agency; and (ii) the basis on which the enforcement agency is an enforcement agency; and (iii) the identity of the authorised officer who made the authorisation; and (iv) the basis on which the authorised officer is an authorised officer; and (v) the relevant provision(s) of the Act under which the authorisation is made; and (vi) the name of the person from whom disclosure is sought; and (vii) details of the information or documents to be disclosed; and (viii) that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law, the enforcement of a law imposing a pecuniary penalty or the protection of the public revenue; and (ix) the date on which the authorisation was made; or |
| (c) if the authorisation was made under subsection 180(2) — a statement that specifies: (i) the identity of the criminal law-enforcement agency; and (ii) the basis on which the criminal law-enforcement agency is a criminal law‑enforcement agency; and (iii) the identity of the authorised officer who made the authorisation; and (iv) the basis on which the authorised officer is an authorised officer; and (v) the relevant provision(s) of the Act under which the authorisation is made; and (vi) the name of the person from whom disclosure is sought; and (vii) details of the information or documents to be disclosed; and (viii) that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years, including short particulars of the offence; and (ix) that the authorised officer: (A) has had regard to how much the privacy of any person or persons would be likely to be interfered with by the disclosure; and (B) is satisfied that the impact on privacy is outweighed by the seriousness of the conduct being investigated; and (x) the date on which the authorisation was made and the date on which it is to end (being a date that is no later than the end of the period of 45 days beginning on the day the authorisation is made) | |
| 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 |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitems 3(b) or 3(c).
(2) A notification of an authorisation must:
(a) if the notification is in written form — be signed by its maker; or
(b) if the notification is in electronic form — state a unique identifier of the enforcement agency.
Part 4 Revocations of authorisations
4.01 Revocation of an authorisation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 176(6) of the Act, column 2 of the table specifies information that a revocation of an authorisation must include.
| Item | Information |
| 1 | The identity of the eligible person who is making the revocation |
| 2 | The basis on which the eligible person is an eligible person |
| 3 | The relevant provision of the Act under which the revocation is made |
| 4 | Details of the authorisation to be revoked sufficient to identify it, including: (a) the identity of the eligible person who made the authorisation; and (b) the date on which the authorisation was made; and (c) the name of the person from whom the disclosure was sought; and (d) details of the information or documents to be disclosed; and (e) any other relevant information |
| 5 | A statement that the eligible person is satisfied that the disclosure of the information or documents is no longer required |
| 6 | The date on which and the time at which the revocation is made |
(2) A revocation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
4.02 Revocation of an authorisation made by a criminal law‑enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 180(7) of the Act, column 2 of the table specifies information that a revocation of an authorisation must include.
| Item | Information |
| 1 | The identity of the criminal law‑enforcement agency |
| 2 | The basis on which the criminal law‑enforcement agency is a criminal law‑enforcement agency |
| 3 | The identity of the authorised officer who is making the revocation |
| 4 | The basis on which the authorised officer is an authorised officer |
| 5 | The relevant provision of the Act under which the revocation is made |
| 6 | Details of the authorisation to be revoked sufficient to identify it, including: (a) the identity of the authorised officer who made the authorisation; and (b) the date on which the authorisation was made; and (c) the name of the person from whom the disclosure was sought; and (d) details of the information or documents to be disclosed; and (e) any other relevant information |
| 7 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is no longer required |
| 8 | The date on which and the time at which the revocation is made |
(2) A revocation, whether in written or electronic form, must be signed by its maker.
Note: Section 10 of the Electronic Transactions Act 1999 sets out how a requirement for a person’s signature can be met in relation to an electronic communication.
Part 5 Notification of revocations
5.01 Notification of a revocation made by the Organisation
(1) For subsection 183(2) of the Act, and in respect of subsection 184(2) of the Act and a revocation made under subsection 176(6) of the Act, column 2 of the table specifies information that a notification of a revocation must include.
| Item | Information |
| 1 | The identity of the officer or employee of the Organisation who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following: (a) a copy of the revocation; or (b) a statement that specifies: (i) the identity of the eligible person who made the revocation; and (ii) the basis on which the eligible person is an eligible person; and (iii) the relevant provision of the Act under which the revocation is made; and (iv) details of the authorisation to be revoked sufficient to identify it, including: (A) the identity of the eligible person who made the authorisation; and (B) the date on which the authorisation was made; and (C) the name of the person from whom the disclosure was sought; and (D) details of the information or documents to be disclosed; and (E) any other relevant information; and (v) that the eligible person is satisfied that the disclosure of the information or documents is no longer required; and (vi) the date on which and the time at which the revocation was made |
| 4 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(2) A notification of a revocation must:
(a) if the notification is in written form — be signed by its maker; or
(b) if the notification is in electronic form — state a unique identifier of the Organisation.
5.02 Notification of a revocation made by a criminal law‑enforcement agency
(1) For subsection 183(2) of the Act, and in respect of subsection 184(4) of the Act and a revocation made under subsection 180(7) of the Act, column 2 of the table specifies information that a notification of a revocation must include.
| Item | Information |
| 1 | The identity of the relevant staff member of the enforcement agency who is making the notification |
| 2 | The relevant provision of the Act under which the notification is made |
| 3 | One of the following: (a) a copy of the revocation; or (b) a statement that specifies: (i) the identity of the criminal law-enforcement agency; and (ii) the basis on which the criminal law-enforcement agency is a criminal law‑enforcement agency; and (iii) the identity of the authorised officer who made the revocation; and (iv) the basis on which the authorised officer is an authorised officer; and (v) the relevant provision(s) of the Act under which the revocation is made; and (vi) details of the authorisation to be revoked sufficient to identify it, including: (A) the identity of the authorised officer who made the authorisation; and (B) the date on which the authorisation was made; and (C) the name of the person from whom the disclosure was sought; and (D) details of the information or documents to be disclosed; and (E) any other relevant information (vii) the date on which and the time at which the revocation was made |
| 4 | The date on which the notification is made |
Note for item 3 of the table: A notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b).
(2) A notification of a revocation must:
(a) if the notification is in written form — be signed by its maker; or
(b) if the notification is in electronic form — state a unique identifier of the criminal law‑enforcement agency.
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