Telecommunications Amendment Regulations 2006 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2006L02964 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 236

 

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

 

Telecommunications Act 1997

 

Telecommunications Amendment Regulations 2006 (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 Regulations is to permit telecommunications carriers and carriage service providers to disclose telecommunications call data to the Office of Police Integrity of Victoria.  The Regulations amend the Telecommunications Regulations 2001 (the Principal Regulations) to provide that the Office of Police Integrity of Victoria 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 (6) of the Act permit the disclosure of telecommunications call data (other than the contents or substance of a communication) in circumstances where an authorised officer of a criminal law-enforcement agency has certified that the disclosure is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or the protection of the public revenue.  The definition of ‘criminal law-enforcement agency’ in subsection 282(10) lists certain bodies that are criminal law-enforcement agencies and paragraph (g) of this definition 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 agencies.

 

Telecommunications carriers and carriage service providers are already permitted to disclose telecommunications call data to a number of criminal law-enforcement agencies, including the Australian Federal Police, a police force of a State or Territory, the Australian Crime Commission, the New South Wales Crime Commission, the Independent Commission Against Corruption of New South Wales and the Crime and Misconduct Commission of Queensland (paragraphs (a) to (f) of the definition of ‘criminal law-enforcement agency’ in subsection 282(10) of the Act) and the Police Integrity Commission of New South Wales, the Anti-Corruption Commission and the Corruption and Crime Commission of Western Australia (paragraphs 5.1(a), (c) and (d) of the Principal Regulations).

 

The Office of Police Integrity of Victoria was established in 2004 by section 102A of the Police Regulation Act 1958 (Vic.), effectively replacing the Police Ombudsman. The Office was established to ensure that police corruption and serious misconduct is detected, investigated and prevented and to ensure the Victoria Police maintains the highest professional and ethical standards.  Victorian legislation confers various covert investigative powers on the Director, Police Integrity, including the ability to use surveillance devices and to conduct controlled operations.  Section 102A of the Police Regulation Act 1958 (Vic.) provides for the Director, Police Integrity to be the same person as the person who holds office as the Victorian State Ombudsman.

 

It is proposed that the Office of Police Integrity be granted similar powers under the Telecommunications (Interception and Access) Act 1979 to receive and use material lawfully obtained from the interception of telecommunications (such as the details of a telephone conversation).  The Regulations complement these proposed powers by allowing the Office of Police Integrity to receive and use telecommunications call data (such as the details of who made a telephone call to whom and when) for investigative and evidentiary purposes.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) (see paragraph 6(a) of the LIA).  The Attorney-General’s Department (being the Department that administers the Telecommunications (Interception and Access) Act 1979) and the Australian Communications and Media Authority (being the body that may exercise powers under the Telecommunications Act 1997) were consulted about the Regulations.  Wider consultation was considered unnecessary due the minor and machinery nature of the Regulations (see paragraph 18(2)(a) of the LIA).

 

Details of the Regulations are set out in the Attachment.

 

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 


ATTACHMENT

 

DETAILS OF THE TELECOMMUNICATIONS AMENDMENT REGULATIONS 2006 (NO. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the name of the Regulations is the Telecommunications Amendment Regulations 2006 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of Telecommunications Regulations 2001

 

This regulation provides that the Telecommunications Regulations 2001 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1  Amendment

 

Item 1 – After paragraph 5.1(a)

 

Item 1 inserts new paragraph 5.1(aa) after paragraph 5.1(a) in the Principal Regulations.  New paragraph 5.1(aa) provides that the Office of Police Integrity established by section 102A of the Police Regulation Act 1958 of Victoria is a ‘prescribed authority’ for the purposes of paragraph (g) of the definition of ‘criminal law-enforcement agency’ in subsection 282(10) of the Telecommunications Act 1997.

 

Overview

The Telecommunications Amendment Regulations 2006 (No. 1) were enacted to address the need for telecommunications carriers and carriage service providers to disclose telecommunications call data to the Office of Police Integrity of Victoria. Enacted by the Minister for Communications, Information Technology and the Arts, these regulations amend the Telecommunications Regulations 2001 to include the Office of Police Integrity of Victoria as a ‘prescribed authority’ under the definition of ‘criminal law-enforcement agency’ in the Telecommunications Act 1997. This amendment allows the Office of Police Integrity to access telecommunications call data for investigative and evidentiary purposes, aligning with the broader objectives of maintaining law enforcement and public safety within the telecommunications framework. The policy objective of these regulations is to enhance the capability of the Office of Police Integrity to effectively carry out its mandate in detecting and preventing police corruption and serious misconduct.

Scope and Application

The Telecommunications Amendment Regulations 2006 (No. 1) pertain to the Telecommunications Act 1997 and are designed to facilitate the disclosure of telecommunications call data by carriers and service providers to the Office of Police Integrity of Victoria. The Regulations amend the Telecommunications Regulations 2001, establishing the Office of Police Integrity as a 'prescribed authority' for the purposes of the definition of 'criminal law-enforcement agency'. This addition allows the Office to access telecommunications call data, subject to specific conditions and authorisations under the Act. The primary application of these Regulations is within the telecommunications industry, affecting entities such as carriers and service providers who must comply with the new requirements for data disclosure. Geographically, the Regulations operate within the Commonwealth jurisdiction but specifically address entities in Victoria. The Regulations do not set exclusions or exemptions but build on existing frameworks that permit certain authorised disclosures to specific law enforcement agencies. The scope of application is further defined and potentially extended through subordinate instruments as necessary to support the enforcement of criminal law and other specified activities.

Key Provisions

The Telecommunications Amendment Regulations 2006 (No. 1) introduce provisions under the Telecommunications Act 1997 that allow telecommunications carriers and carriage service providers to disclose telecommunications call data to the Office of Police Integrity of Victoria. These amendments are made through the insertion of a new paragraph 5.1(aa) in the Telecommunications Regulations 2001 (paragraph 2). This regulation specifies that the Office of Police Integrity of Victoria is considered a 'prescribed authority' under paragraph (g) of the definition of 'criminal law-enforcement agency' in subsection 282(10) of the Telecommunications Act 1997. By recognising this office as a prescribed authority, the Regulations aim to facilitate the disclosure of call data for investigative purposes, while still adhering to the confidentiality provisions outlined in Part 13 of the Act. Telecommunications carriers and carriage service providers are mandated to protect the confidentiality of various types of information, including the contents of communications, details of the services they provide, and personal particulars of other individuals (subsection 282(1) of the Act). However, these entities are permitted to disclose telecommunications call data under specific conditions. According to subsections 282(3) to (6) of the Act, such disclosure is allowed if an authorised officer from a criminal law-enforcement agency certifies that it is reasonably necessary for enforcing criminal law, imposing pecuniary penalties, or protecting public revenue. By adding the Office of Police Integrity of Victoria as a prescribed authority, these Regulations extend the scope of permissible disclosures to include this particular agency. Failure to comply with the provisions of the Telecommunications Act 1997 and the associated regulations may result in legal consequences. Sections 276, 277, and 278 of the Act outline the primary offences related to the disclosure or unauthorised use of telecommunications data. Penalties for these offences can be severe and may include fines and imprisonment. Specifically, subsection 276(1) imposes a maximum penalty of $105,000 for individuals and $525,000 for bodies corporate for unauthorised disclosures of telecommunications data. The Regulations themselves do not stipulate specific penalties but align with the penalties outlined in the principal Act for any breaches of the confidentiality provisions or unauthorised disclosures.

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Area of Law
Telecommunications Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers

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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.