TELEPHONIC COMMUNICATIONS (INTERCEPTION).
No. 27 of 1960.
An Act to Prohibit the Interception of Telephonic Communications except where Specially Authorized in the Interests of the Security of the Commonwealth.
[Assented to 26th May, 1960.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Telephonic Communications (Interception) Act 1960.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3.—(1.) In this Act, unless the contrary intention appears—
“communication” includes conversation, message and signal, and any part of a conversation, message or signal;
“officer of the Department” includes an employee in the Department;
“private telephone line” means a telephone line that is not connected to a telephone exchange;
“subscriber” means a person who is authorized by the Department to rent, provide or use a telephone service;
“telephone exchange” means a telephone exchange that is part of the telephone system, but does not include a switchboard or other apparatus installed at the premises of a subscriber;
“telephone line” means a wire or cable installed or maintained by or with the authority of the Department and used for telephonic communications, and includes any apparatus connected with such a wire or cable;
“telephone service” means a telephone service provided or used by or with the authority of the Department, and includes a private telephone line;
“the Department” means the Postmaster-General’s Department;
“the Director-General of Security” means the Director-General of Security holding office under the Australian Security Intelligence Organization Act 1956;
“the Organization” means the Australian Security Intelligence Organization;
“the security of the Commonwealth” means the protection of the Commonwealth and the Territories of the Commonwealth from acts of espionage, sabotage or subversion, whether directed from, or intended to be committed, within the Commonwealth or not;
“the telephone system” means the telephone system controlled by the Department;
“warrant” means a warrant issued under section six or seven of this Act.
(2.) Where a telephone service is provided by the Department for the use of a person or persons in the service of the Commonwealth (not being a telephone service to which that person is the subscriber or those persons are subscribers), the Commonwealth shall, for the purposes of this Act, be deemed to be the subscriber to that telephone service.
(3.) For the purposes of this Act, all private telephone lines shall be deemed to be part of the telephone system controlled by the Department.
(4.) A reference in this Act to the Attorney-General shall, at a time when the Attorney-General is absent from Australia or when, by reason of illness of the Attorney-General or for any other reason, the Director-General of Security cannot readily communicate with…
Overview
The Telephonic Communications (Interception) Act 1960 was enacted by the Australian Parliament to address the need for a legal framework that would regulate the interception of telephonic communications, particularly in the interests of the security of the Commonwealth. The Act was introduced to establish strict controls on the interception of telephone communications, prohibiting such activities except under specific circumstances and with proper authorization. This legislative measure was necessary to safeguard national security by ensuring that the interception of communications could only occur when deemed essential and under strict oversight. The policy objective of the Act is to prevent unauthorized interception of telephone communications while allowing for lawful interception where it is critical for national security, thus balancing individual privacy rights with the need to protect the Commonwealth.
Scope and Application
The Telephonic Communications (Interception) Act 1960 applies to all individuals and entities within the Commonwealth of Australia, prohibiting the interception of telephonic communications except when specially authorized by the Attorney-General or the Director-General of Security in the interests of the security of the Commonwealth. The Act encompasses any interception of telephonic communications passing over the telephone system, which includes both public and private telephone lines deemed to be part of the telephone system controlled by the Department. This legislation specifically excludes from its purview any interception conducted by Department officers in the course of their duties, such as installation or maintenance of the telephone system, and interceptions carried out in accordance with a warrant issued by the Attorney-General or the Director-General of Security. Additionally, the Act does not apply to interceptions that occur due to technical defects or mistakes by Department officers. The Act also imposes penalties for unauthorized interception and the disclosure of intercepted information, with offences being prosecutable either summarily or upon indictment. The Attorney-General holds the authority to issue warrants for the interception of communications, subject to certain conditions, while the Director-General of Security can issue emergency warrants when immediate action is necessary to prevent serious prejudice to the security of the Commonwealth. The Act further outlines the procedures for the issuance, revocation, and reporting of warrants, and mandates the destruction of intercepted communications that are deemed irrelevant to the security of the Commonwealth.
Key Provisions
- The Telephonic Communications (Interception) Act 1960 (the "Act") contains provisions that govern the interception of telephonic communications, particularly for the purposes of national security. Section 5 of the Act makes it an offence to intercept, authorise, or permit the interception of any communication passing over the telephone system without lawful authority. The penalty for such offences is a fine of up to five hundred pounds or imprisonment for up to two years. This prohibition does not apply to officers of the Department in the course of their duties or when acting pursuant to a warrant. Similarly, Section 5 also makes it an offence to use, divulge, or record information obtained from intercepted communications except for the purposes of national security or in the performance of official duties. Again, the penalty for these offences is a fine of up to five hundred pounds or imprisonment for up to two years.
- The Act imposes specific obligations on the Director-General of Security and the Attorney-General. Section 6 allows the Attorney-General to issue a warrant authorising the Australian Security Intelligence Organization (ASIO) to intercept communications if certain conditions are met, such as the likelihood that the interception will assist in obtaining intelligence relevant to the security of the Commonwealth. The warrant must specify a period not exceeding six months. Section 7 provides an emergency procedure where the Director-General of Security can issue a warrant if the Attorney-General has not responded within three months, but this warrant is limited to a period not exceeding forty-eight hours. Additionally, Section 12 requires the Director-General of Security to report to the Attorney-General on the results of any interceptions.
- The Act also outlines the consequences for breaches of its provisions. The penalties for contravening Sections 5 and 9 are severe, with fines of up to five hundred pounds or imprisonment for up to two years. These penalties underscore the importance of adhering to the legal framework established by the Act. Furthermore, the Act ensures that the powers and functions of the Attorney-General under this legislation are not delegated to the Solicitor-General, as specified in Section 13.
- Area of Law
- National Security Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Delegated & Subordinate Legislation
- Reporting & Disclosure Obligations