Telecommunications Amendment Regulations 2004 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2004B00073 Regulations Not in force Legislative Instrument

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Telecommunications Amendment Regulations 2004 (No. 1) 2004 No. 59

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 59

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

Telecommunications Act 1997

Telecommunications Amendment Regulations 2004 (No. 1)

Subsection 594(1) of the Telecommunications Act 1997 (the Act) provides that the Governor-General may make regulations, prescribing matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The purpose of the accompanying Regulations is to permit telecommunications carriers and carriage service providers to disclose information or documents to the Western Australian Corruption and Crime Commission (the CCC). The accompanying Regulations amend the Telecommunications Regulations 2001 (the Principal Regulations) to provide that the CCC is a 'prescribed authority' for the purposes of paragraph (g) of the definition of 'criminal law-enforcement agency' in subsection 282(10) of the Act.

Part 13 of the Act provides that telecommunications carriers, carriage service providers and certain other persons must protect the confidentiality of information or documents that relate to:

(a)       the contents of communications that have been, or are being, carried by carriers or carriage service providers;

(b)       carriage services supplied by carriers and carriage service providers; and

(c)       the affairs or personal particulars of other persons.

The primary disclosure/use offences are set out in sections 276, 277 and 278 of the Act.

The disclosure or use of such information or documents is authorised in limited circumstances. Subsections 282(3) to (5) permit the disclosure or use of information or a document in circumstances in which an authorised officer of a 'criminal law-enforcement agency' has certified that the disclosure is necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of the public revenue. Subsection 282(10) of the Act lists certain bodies that are criminal law-enforcement agencies, and paragraph 282(10)(g) provides that they may include 'a prescribed authority established by or under a law of the Commonwealth, a State or a Territory'. The Principal Regulations prescribe a number of such authorities.

Telecommunications carriers and carriage service providers are already permitted to disclose information or documents to a number of criminal law-enforcement agencies, including the Australian Federal Police, the Australian Crime Commission and the New South Wales Crime Commission (paragraphs (a), (c) and (d) of the definition of 'criminal law-enforcement agency' in subsection 282(10) of the Act) and the Western Australian Anti-Corruption Commission (paragraph 5.1(c) of the Principal Regulations).

The CCC was established by the Corruption and Crime Commission Act 2003 (WA) on 1 January 2004. The CCC was established as a result of the recommendation in the interim report of the Royal Commission Into Whether There Has Been Any Corrupt or Criminal Conduct by Western Australian Police Officers (the Royal Commission), being conducted by Royal Commissioner Geoffrey Kennedy AO QC, that the Western Australian Anti-Corruption Commission be replaced with a new permanent body responsible for the external oversight of Western Australian public officers (including police officers).

The CCC can receive and assess matters referred to it from the Royal Commission and can continue the investigation of such matters. In addition, the Anti-Corruption Commission may refer an allegation to the CCC; and the CCC has the power to direct the Anti-Corruption Commission to refer a matter to it. The Anti-Corruption Commission will be abolished, and its assets and liabilities transferred to the CCC, when the Corruption and Crime Commissioner has certified that the functions of the Anti-Corruption Commission are substantially exhausted and each staff member of the Anti-Corruption Commission has become a member of staff of the CCC, resigned, been terminated or otherwise placed in the Western Australian public sector.

In addition to its functions relating to the Royal Commission and the Anti-Corruption Commission, the CCC's functions are to combat and reduce the incidence of organised crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Western Australian public service. Parts 6 and 7 of the Corruption and Crime Commission Act 2003 give the CCC powers to:

•       require a public authority or a public officer to produce a statement of information;

•       obtain documents or other things from any person; and

•       summon witnesses to attend before the Commission for an examination and/or to produce any record or thing described in the summons.

The accompanying Regulations enable the CCC to obtain information or documents (for example, information about subscribers of a particular carriage service or call charge records) from a telecommunications carrier or carriage service provider where an authorised officer of the CCC has certified that the disclosure is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.

Details of the accompanying Regulations appear in the Attachment.

The accompanying Regulations commence upon gazettal.

ATTACHMENT

DETAILS OF THE TELECOMMUNICATIONS AMENDMENT REGULATIONS 2004 (NO. 1)

Regulation 1 - Name of Regulations

Regulation 1 provides that the name of the accompanying Regulations is the Telecommunications Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides that the accompanying Regulations commence on their publication in the Commonwealth of Australia Gazette.

Regulation 3 - Amendment of the Telecommunications Regulations 2001

Regulation 3 provides that Schedule 1 to the accompanying Regulations amends the Telecommunications Regulations 2001.

Schedule 1         Amendments

Item 1 - Paragraph 5.1(c)

Item 1 makes a minor drafting change to paragraph 5.1(c) to accommodate the amendment in item 2.

Item 2 - After paragraph 5.1(c)

Item 2 inserts new paragraph 5.1 (d) after paragraph 5.1(c) in the Principal Regulations. Paragraph 5.1(d) provides that the Corruption and Crime Commission, established by section 6 of the Corruption and Crime Commission Act 2003 of Western Australia, is a 'prescribed authority' for the purposes of paragraph (g) of the definition of 'criminal law-enforcement agency' in subsection 282(10) of the Act.

 

Overview

The Telecommunications Amendment Regulations 2004 (No. 1), issued under the authority of the Minister for Communications, Information Technology and the Arts, were enacted to address the need for telecommunications carriers and service providers to disclose information to the newly established Western Australian Corruption and Crime Commission (CCC). This regulation was necessary to ensure that the CCC, established under the Corruption and Crime Commission Act 2003 (WA), could effectively combat corruption and organised crime within Western Australia. The primary purpose of these regulations is to amend the Telecommunications Regulations 2001 to recognise the CCC as a 'prescribed authority' within the definition of 'criminal law-enforcement agency' in the Telecommunications Act 1997. By doing so, the regulations allow telecommunications entities to disclose information to the CCC under specific conditions, such as when an authorised officer certifies the necessity for criminal law enforcement, penalty imposition, or the protection of public revenue. This legislative amendment ensures that the CCC can effectively perform its investigative and oversight functions, contributing to the integrity of Western Australia's public sector.

Scope and Application

The Telecommunications Amendment Regulations 2004 (No. 1) serve to extend the scope of the Telecommunications Act 1997 by allowing telecommunications carriers and carriage service providers to disclose information or documents to the Western Australian Corruption and Crime Commission (CCC). These Regulations amend the Telecommunications Regulations 2001 to recognise the CCC as a 'prescribed authority' under subsection 282(10)(g) of the Act, thus enabling it to request and receive confidential information for criminal law enforcement purposes. This legislative amendment ensures that the CCC can effectively combat corruption and organised crime within Western Australia. The Regulations apply to telecommunications carriers and carriage service providers operating under the purview of the Act and are intended to facilitate the disclosure of specified information when certified by an authorised officer of the CCC as necessary for criminal law enforcement, the enforcement of laws imposing pecuniary penalties, or for the protection of public revenue. The Regulations come into effect upon their publication in the Commonwealth of Australia Gazette.

Key Provisions

The Telecommunications Amendment Regulations 2004 (No. 1) primarily amend the Telecommunications Regulations 2001 to include the Western Australian Corruption and Crime Commission (CCC) as a 'prescribed authority' under the Telecommunications Act 1997 (the Act). Specifically, Regulation 3 amends the Principal Regulations to add a new paragraph 5.1(d), which designates the CCC as a prescribed authority (item 2). This addition follows the establishment of the CCC on 1 January 2004, as per the Corruption and Crime Commission Act 2003 (WA), replacing the Western Australian Anti-Corruption Commission. The obligations imposed on telecommunications carriers and carriage service providers under these Regulations are to facilitate the disclosure of information or documents to the CCC when required by an authorised officer of the CCC. Such disclosure is permitted only if the officer certifies that it is necessary for the enforcement of criminal law, a law imposing a pecuniary penalty, or for the protection of public revenue. This aligns with the existing framework under sections 276, 277, and 278 of the Act, which mandate the protection of confidentiality for certain communications and related information. The Act, through subsections 282(3) to (5), permits such disclosures only under stringent conditions, ensuring that the integrity and confidentiality of communications are upheld unless explicitly authorised. Failure to comply with the requirements of these Regulations could result in legal consequences. The primary offences related to the disclosure or use of confidential information are outlined in sections 276, 277, and 278 of the Act. These sections impose penalties for unauthorised disclosure or use of confidential information. The penalties may include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any additional provisions in the relevant legislation. Compliance with these provisions is crucial to avoid both civil and criminal liabilities, which can be severe given the sensitive nature of the information involved.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.