Commonwealth of Australia
Telecommunications) Act 1997
Interception Capability Plan
Determination 2002 (No. 1)
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Determination under paragraph 329(1)(e) of the Telecommunications Act 1997.
Dated 13 May 2002.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
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1 Name of Determination
This Determination is the Interception Capability Plan Determination 2002
(No. 1).
2 Commencement
This Determination commences on gazettal.
3 Definitions
In this Determination:
Act means the Telecommunications Act 1997.
agency co-ordinator has the same meaning as in the Act.
IC plan has the same meaning as in the Act.
national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.
national security information means information concerning the defence, security or international relations of Australia.
nominated carriage service provider means a carriage service provider that the Attorney-General has declared, by determination in writing under subsection 331(3) of the Act, to be a nominated carriage service provider.
4 Matter relevant to an IC plan
For the purposes of paragraph 329(1)(e) of the Act, the following matter is relevant to the IC plan of a carrier or nominated carriage service provider if the agency co-ordinator has notified the matter in writing to the carrier or provider:
(a) a description of the arrangements that the carrier or provider will put in place to maintain within Australia, and under the control of persons holding appropriate national security clearances, the means:
(i) to support its legal obligation to provide interception capabilities in relation to carriage services (including the provision of a physical interception point);
(ii) to protect information relating to interception; and
(iii) to provide other reasonably necessary assistance relating to interception to national security and law enforcement agencies.
Overview
The Interception Capability Plan Determination 2002 (No. 1) was made under the authority of the Telecommunications Act 1997, enacted to address the need for a structured approach to managing and maintaining interception capabilities within Australia's telecommunications sector. This legislative instrument was introduced by Richard Kenneth Robert Alston, the Minister for Communications, Information Technology and the Arts, to ensure that telecommunications providers comply with their obligations to support national security and law enforcement agencies. The policy objective of this Determination is to formalise the arrangements that carriers and nominated carriage service providers must establish to maintain interception capabilities, protect interception-related information, and provide necessary assistance to relevant agencies. The Determination became effective upon its gazettal on 13 May 2002.
Scope and Application
The Interception Capability Plan Determination 2002 (No. 1) under the Telecommunications Act 1997 applies to carriers and nominated carriage service providers, requiring them to establish and maintain interception capabilities within Australia. These capabilities include providing a physical interception point, protecting information relating to interception, and offering necessary assistance to national security and law enforcement agencies. This Determination comes into effect upon gazettal and is applicable to any entity involved in telecommunications that has been notified in writing by the agency co-ordinator. The scope of this legislation is national, extending across the Commonwealth of Australia, and it mandates that arrangements for interception must be under the control of individuals holding appropriate national security clearances. The Determination does not specify any exclusions, exemptions, or thresholds, and its application may be extended or restricted through subordinate instruments as deemed necessary by the Minister for Communications, Information Technology and the Arts.
Key Provisions
The Interception Capability Plan Determination 2002 (No. 1) outlines specific requirements for carriers and nominated carriage service providers in relation to their interception capabilities under the Telecommunications Act 1997. These requirements are detailed in section 4 of the Determination, which specifies that the relevant parties must establish and maintain certain arrangements within Australia, under the control of individuals holding appropriate national security clearances. These arrangements encompass the ability to support legal obligations for providing interception capabilities, protecting information related to interception, and offering necessary assistance to national security and law enforcement agencies.
The obligations imposed on carriers and nominated carriage service providers include the establishment of robust systems and protocols to ensure compliance with legal interception requirements. These systems must be designed to maintain the integrity and confidentiality of interception-related information. The Determination mandates that these entities must have physical interception points and the technical capability to assist law enforcement and national security agencies effectively. Additionally, there is a requirement for these providers to ensure that only authorised personnel with the necessary clearances have access to sensitive interception-related information and equipment.
Failure to comply with the requirements outlined in the Interception Capability Plan Determination 2002 (No. 1) may result in significant legal consequences. While the Determination does not explicitly state the penalties for non-compliance, breaches of related obligations under the Telecommunications Act 1997 can attract substantial fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they underscore the importance of adhering to the provisions of the Determination. Non-compliance could also lead to revocation of licences or other regulatory sanctions, further emphasising the critical need for carriers and nominated carriage service providers to maintain their interception capabilities in line with the law.