Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2015 (Cth)
Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2015
made under subsection 183(2) of the
Telecommunications (Interception and Access) Act 1979
I, Jamie Lowe, Communications Access Co‑ordinator, make this Determination under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979.
Dated 9 October 2015
Jamie Lowe
Communications Access Co‑ordinator
Contents
1Name of Determination 3
1ARevocation of Telecommunications (Interception and Access) (Requirments for Authorisations, Notifications and Revocations) Determination 2012 3
2Commencement 3
3Definitions 3
4Consultation 4
5Requirements relating to authorisations, notifications and revocations 4
Schedule 1Requirements relating to authorisations, notifications and revocations 5
Part 1Authorisations made by the Organisation 5
1.01Authorisation for access to existing information or documents 5
1.02Authorisation for access to prospective information or documents 5
Part 2Authorisations made by enforcement agencies 6
2.01Authorisation for access to existing information or documents 6
2.01AAuthorisations for access to existing information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country 7
2.02Authorisation for access to prospective information or documents 9
2.03Authorisations for access to prospective information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country 11
2.04Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law of a foreign country 14
2.05Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the laws of Australia 15
Part 3Notifications of authorisations 16
3.01Notification of an authorisation made by the Organisation 16
3.02Notification of an authorisation made by an enforcement agency 17
3.03Notification of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country 20
Part 4Revocations of authorisations 24
4.01Revocation of an authorisation made by the Organisation 24
4.02Revocation of an authorisation made by a criminal law‑enforcement agency 25
4.03Revocation of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country 26
Part 5Notification of revocations 26
5.01Notification of a revocation made by the Organisation 26
5.02Notification of a revocation made by a criminal law‑enforcement agency 27
5.03Notification of a revocation made by the Australian Federal Police – enforcement of the criminal law of a foreign country 28
Notes 30
Name of Determination
This Determination is the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2015.
1A Revocation of Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012
The Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2012 is revoked.
Commencement
This Determination commences on 13 October 2015.
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
·foreign law enforcement agency
·relevant staff member
·Organisation
·serious offence
·ASIO employee
·ASIO affiliate
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.
Consultation
Pursuant to subsection 183(3) of the Act, the ACMA 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 in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) prior to making a determination under subsection 183(2) of the Act.
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, 4 or 4A 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: (a) being a date that is no later than the end of the period of 90 days beginning on the day the authorisation is made; and (b) if the authorisation is made under a Journalist Information Warrant – the authorisation must specify an end date that does not go beyond the period for which the Journalist Information Warrant was specified to be in force. |
Note: For item 3, 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, 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. Furthermore under paragraph 176(5)(b) the date referred to in item 7 is the date that is no later than the end of the period of 90 days beginning on the day the authorisation is made; and if the authorisation is made under a Journalist Information Warrant – being a date that does not go beyond the period for which the Journalist Information Warrant was specified to be in force not exceeding six months in accordance with section 180N of the Act.
(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 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; and (ii) the seriousness of any pecuniary penalty in relation to which the authorisation is sought; and (iii) the seriousness of any protection of the public revenue in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 10 | The date on which the authorisation is made |
Note: For the purposes of item 9, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each 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.
2.01A Authorisations for access to existing information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 180A(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 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 authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country. |
| 7 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made |
Note: For the purposes of item 7, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
(2) For subsection 183(2) of the Act, and in respect of subsection 180A(4) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency to which the disclosure is to be made |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation under section 180A(2) of the Act |
| 7 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | The date on which the authorisation is made |
| 9 | A statement that the authorised officer is satisfied that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions: (a) that the information will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and (b) that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents |
| 10 | A statement that the authorised officer is satisfied that: (a) the disclosure is reasonably necessary for the enforcement of the criminal law of a foreign country; and (b) the disclosure is appropriate in all the circumstances. |
Note: For the purposes of item 7, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
(3) 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 by criminal law-enforcement agencies
(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: (a) a serious offence; or (b) an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years with the statement to include short particulars of the offence |
| 9 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised. |
| 10 | The date on which the authorisation is made and the date on which it is to end: (a) being a date that is no later than the end of the period of 45 days beginning on the day the authorisation is made; and (b) if the authorisation is made under a Journalist Information Warrant – being a date that is no later than the end of the period of 90 days beginning on the day the warrant was issued). |
Note: For item 5, 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 9, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
Note: For item 10, 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.
2.03 Authorisations for access to prospective information or documents by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 180B(2) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 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 authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that: (a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence with the statement to include short particulars of the offence |
| 7 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 8 | 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 21 days beginning on the day the authorisation is made) |
| 9 | A statement that the Attorney‑General has authorised the making of the authorisation under the Mutual Assistance in Criminal Matters Act 1987 |
| 10 | A statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances |
Note: For item 7, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
Note: For item 8, paragraph 180B(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) For subsection 183(2) of the Act, and in respect of subsection 180B(6) of the Act, column 2 of the table specifies information that an extension to an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is extending the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is extended |
| 4 | The name of the person from whom disclosure is sought |
| 5 | A statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that: (a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence with the statement to include short particulars of the offence |
| 6 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; and (c) the reason why the disclosure or use concerned is proposed to be authorised. |
| 7 | The date on which the extension to 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 21 days beginning on the day the extension to the authorisation is made) |
| 8 | A statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances |
Note: For item 6, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
(3) For subsection 183(2) of the Act, and in respect of subsection 180B(8) of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency for whom the disclosure is requested |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation under section 180B(2) of the Act |
| 7 | A statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that: (a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (b) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence with the statement to include short particulars of the offence |
| 8 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 9 | A statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions: (a) that the information or documents will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and (b) that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents; and (c) that any conditions are specified in writing by the Attorney‑General |
| 10 | A statement that the authorised officer has made no other authorisations for the disclosure of information or documents to the foreign law enforcement agency on the day in which the disclosure is being made |
| 11 | A statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances |
Note: For item 8, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
Note: For item 9, paragraph 180B(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
(4) 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
2.04 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of section 180C of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The identity of the foreign law enforcement agency to whom the disclosure will be made |
| 5 | Details of the information or documents to be disclosed |
| 6 | A statement that the information or documents being disclosed to the foreign law enforcement agency under this authorisation were obtained via an authorisation made under Division 4 of Part 4‑1 of the Act |
| 7 | 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 of a foreign country |
| 8 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 9 | The date on which the authorisation is made |
| 10 | A statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions: (a) that the information will only be used for the purposes for which the authorised officer is disclosing the information or documents; and (b) that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the authorised officer disclosed the information or documents |
| 11 | (a) A statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances. |
Note: For item 8, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each 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.
2.05 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law
(1) For subsection 183(2) of the Act, and in respect of section 180D of the Act, column 2 of the table specifies information that an authorisation must include.
| Item | Information |
| 1 | The identity of the authorised officer of the Australian Federal Police who is making the authorisation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 3 | The relevant provision(s) of the Act under which the authorisation is made |
| 4 | The name of the person to whom the disclosure will be made or use will occur |
| 5 | Details of the information or documents to be disclosed or used |
| 6 | A statement that the information or documents being disclosed or used under this authorisation were obtained via an authorisation made under Division 4A of Part 4‑1 of the Act |
| 7 | In the case of a disclosure to the Organisation – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the performance by the Organisation of its functions |
| 8 | In the case of a disclosure to an enforcement agency – a statement that the authorised officer is satisfied that the disclosure 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 | In the case of use by the Australian Federal Police – a statement that the authorised officer is satisfied that the use 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) |
| 10 | A statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the following matters: (a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; and (ii) the seriousness of any pecuniary penalty in relation to which the authorisation is sought; and (iii) the seriousness of any protection of the public revenue in relation to which the authorisation is sought; (b) the likely relevance and usefulness of the information or documents; (c) the reason why the disclosure or use concerned is proposed to be authorised |
| 11 | A statement that the authorised officer is satisfied that the disclosure or use is appropriate in all the circumstances |
| 12 | The date on which the authorisation is made |
Note: For item 10, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each 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 ASIO employee or ASIO affiliate 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) 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; and if the authorisation is made under a Journalist Information Warrant – being a date that is no later than the end of the period for which the Journalist Information Warrant was specified to be in force |
| 4 | The means by which the information or documents should be disclosed to ASIO employee or ASIO affiliate |
| 5 | The date on which the notification is made |
Note: For item 3, a notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitem 3(b). A Journalist Information Warrant issued under section 180L must not remain in force for a period exceeding 6 months.
(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 subsections 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 (as applicable; and (ix) that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters listed in item 3A of this table and (x) the date on which the authorisation was made; |
| (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 a serious offence; or an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years with the statement to include short particulars of the offence (ix) that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters listed in item 3A of this table. (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;) and if the authorisation is made under a Journalist Information Warrant – being a date that is no later than the end of the period of 90 days beginning on the day the authorisation was made | |
| 3A | The authorised officer must have regard to the following when determining whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate: a) the gravity of any conduct in relation to which the authorisation is sought, including: i. the seriousness of any offence in relation to which the authorisation is sought; and ii. the seriousness of any pecuniary penalty in relation to which the authorisation is sought; and iii. the seriousness of any protection of the public revenue in relation to which the authorisation is sought; and iv. whether the authorisation is sought for the purposes of finding a missing person; b) the likely relevance and usefulness of the information or documents; c) the reason why the disclosure or use concerned is proposed to be authorised |
| 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, 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).
Note: For item 3A, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
(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.
3.03 Notification of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 184(5) of the Act and an authorisation made under Division 4A of Part 4‑1 of the Act, column 2 of the table specifies information that a notification of an authorisation must include.
Note: The notification requirements will differ depending on whether the notification was authorised under sections 180A(2), 180B(2) or 180B(6).
| Item | Information |
| 1 | The identity of the relevant staff member of the Australian Federal Police 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; (b) if the authorisation was made under subsection 180A(2) — a statement that specifies: (i) the identity of the authorised officer of the Australian Federal Police who is making the authorisation (ii) the basis on which the authorised officer is an authorised officer (iii) the relevant provision(s) of the Act under which the authorisation is made (iv) the name of the person from whom disclosure is sought (v) details of the information or documents to be disclosed (vi) that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the enforcement of the criminal law of a foreign country (vii) that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters listed in item 3A. (viii) the date on which the authorisation is made; |
| (c) if the authorisation was made under subsection 180B(2) – a statement that specifies: (i) the identity of the authorised officer of the Australian Federal Police who is making the authorisation (ii) the basis on which the authorised officer is an authorised officer (iii) the relevant provision(s) of the Act under which the authorisation is made (iv) the name of the person from whom disclosure is sought (v) details of the information or documents to be disclosed (vi) that the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that: (A) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (B) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence with the statement to include short particulars of the offence (vii) that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters listed in item 3A (viii) 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 21 days beginning on the day the authorisation is made) (ix) that the Attorney‑General has authorised the making of the authorisation under the Mutual Assistance in Criminal Matters Act 1987 (x) that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances. | |
| (d) if the authorisation was extended under subsection 180B(6) – a statement that specifies: (i) the identity of the authorised officer of the Australian Federal Police who is extending the authorisation (ii) the basis on which the authorised officer is an authorised officer (iii) the relevant provisions of the Act under which the authorisation is extended (iv) the name of the person from whom disclosure is sought (v) that the authorised officer is satisfied that the extension to the authorisation is reasonably necessary for the investigation of an offence against the law of a foreign country that: (A) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or (B) involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence with the statement to include short particulars of the offence (vi) that the authorised officer has had regard to whether he is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters listed in item 3A (vii) the date on which the extension to 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 21 days beginning on the day the extension to the authorisation is made) (viii) that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances. | |
| 3A | The authorised officer must have regard to the following when determining whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate: a) the gravity of any conduct in relation to which the authorisation is sought, including: (i) the seriousness of any offence in relation to which the authorisation is sought; and (ii) the seriousness of any pecuniary penalty in relation to which the authorisation is sought; and (iii) the seriousness of any protection of the public revenue in relation to which the authorisation is sought; and (iv) whether the authorisation is sought for the purposes of finding a missing person; b) the likely relevance and usefulness of the information or documents; c) the reason why the disclosure or use concerned is proposed to be authorised |
| 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, a notification that attaches a copy of the authorisation does not need to contain any of the further information required by subitems 3(b), 3(c) or 3(d).
Note: For item 3A, section 180F of the Act sets out the privacy matters that an authorising officer is required to consider prior to making each authorisation.
(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 Australian Federal Police.
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 authorised officer is satisfied that: (a) the disclosure of the information or documents is no longer required or (b) where a Journalist Information Warrant, under which the authorisation was issued, has been revoked |
| 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.
Note: For item 5 of the table, the conditions for revocation of a Journalist Information Warrant by the Organisation are set out in sections 180N or 180P of the Act.
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: (c) the disclosure of the information or documents is no longer required or (d) where a Journalist Information Warrant, under which the authorisation was issued, has been revoked |
| 8 | The date on which and the time at which the revocation is made Note: For item 7, the conditions for revocation of a Journalist Information Warrant by a chief officer of an enforcement agency are set out in section 180W of the Act. |
(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.
4.03 Revocation of an authorisation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 180B(4) 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 authorised officer of the Australian Federal Police who is making the revocation |
| 2 | The basis on which the authorised officer is an authorised officer |
| 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 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 disclosure is sought; and (d) details of the information or documents to be disclosed; and (e) any other relevant information |
| 5 | A statement that the authorised officer 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.
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, 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 criminal law-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) that the authorised officer is satisfied that the disclosure of the information or documents is no longer required; and (viii) 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, 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.
5.03 Notification of a revocation made by the Australian Federal Police – enforcement of the criminal law of a foreign country
(1) For subsection 183(2) of the Act, and in respect of subsection 184(6) of the Act and a revocation made under subsection 180B(4) 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 Australian Federal Police 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 authorised officer who made the revocation; and (ii) the basis on which the authorised officer is an authorised officer; 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 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 disclosure is sought; and (D) details of the information or documents to be disclosed; and (E) any other relevant information; and (v) that the authorised officer 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, 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 Australian Federal Police.
Notes to the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2015
Note 1
The Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2015 (in force under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date made or FRLI registration | Date of | Application, saving or |
| Telecommunications (Interception and Access) Requirements for Authorisations, Notifications and Revocations) Determination 2015 | |||
| Telecommunications (Interception and Access) Requirements for Authorisations, Notifications and Revocations) Amendment Determination 2015 | — |
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