EXPLANATORY STATEMENT

Telecommunications (Interception and Access) Act 1979

Minister – Specification – Instrument No. 8 of 2018 (Communication Access Co-ordinator) (MHA No. 8 of 2018)

1. The Telecommunications (Interception and Access) Act 1979 (the TIA Act) establishes the position of a Communications Access Co-ordinator as the primary point of liaison for interception agencies, telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues.
2. On 10 May 2018 the Home Affairs and Integrity Agencies Legislation Amendment Act 2017 received Royal Assent, and under the Administrative Arrangements Order - 10 May 2018, the Minister for Home Affairs is the Minister responsible for the TIA Act. Section 6R of the TIA Act provides that the CAC is the Secretary of the Department of Home Affairs or another person specified in writing by the relevant Minister. For reasons of operational flexibility and efficiency it is considered preferable and appropriate for the CAC to be specified to be a limited class of senior officers in the Department of Home Affairs.
3. In the Minister – Specification – Instrument No. 8 of 2018 (Communication Access Co-ordinator) (MHA No. 8 of 2018) (the Specification) the Minister specifies the persons holding, occupying or performing duties of a position at the classification levels Executive Level 1 and 2 and Senior Executive Service 1 in the National Security Policy Branch of Policy Group, at Senior Executive Service 2 in the National Security and Law Enforcement Division of Policy Group, and at Senior Executive Service 3 in Policy Group, in the Department of Home Affairs to be a Communications Access Co-ordinator.
4. Consultation was undertaken with the Attorney-General’s Department.
5. A Regulation Impact Statement has been prepared in accordance with advice from the Office of Best Practice Regulation (OBPR).  The OBPR reference is 23819.
6. Under section 42 of the Legislation Act 2003, the instrument MHA No.8 of 2018 is subject to disallowance and therefore a Statement of Compatibility with Human Rights is included at Attachment A.
7. The instrument commences on the day after it is registered on the Federal Register of Legislation. 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Minister – Specification – Instrument No. 8 of 2018 (Communication Access Co-ordinator) (MHA No. 8 of 2018)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Minister – Specification – Instrument No. 8 of 2018 (Communication Access Co-ordinator) (MHA No. 8 of 2018) (“the Specification”) is made under section 6R of the Telecommunications (Interception and Access) Act 1979 (the TIA Act). Section 6R of the TIA Act provides that the Communications Access Co-ordinator is the Secretary of the Department of Home Affairs or another person specified in writing by the relevant Minister.

In the Specification, the Minister specifies the persons holding, occupying or performing duties of a position at the classification levels Executive Level 1 and 2 and Senior Executive Service 1 in the National Security Policy Branch of Policy Group, at Senior Executive Service 2 in the National Security and Law Enforcement Division of Policy Group, and at Senior Executive Service 3 in Policy Group, in the Department of Home Affairs to be a Communications Access Co-ordinator.

The Specification does not affect the functions of a Communications Access Co-ordinator, which are governed by the primary legislation.

Human rights implications

The Specification is not considered to engage any of the applicable rights or freedoms and does not raise and human rights issues.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.