Telecommunications (Interception) Amendment Act 2006
Act No. 40 of 2006 as amended
This compilation was prepared on 8 October 2007
[This Act was amended by Act Nos. 8 and 177 of 2007]
Amendment from Act No. 8 of 2007
[Schedule 2 (item 15) repealed and substituted heading to item 2 of Schedule 5
Schedule 2 (item 15) commenced immediately after 3 November 2006]
Amendment from Act No. 177 of 2007
[Schedule 2 (item 1) amended item 8 of Schedule 5
Schedule 2 (item 1) commenced immediately after 3 November 2006]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Stored communications
Part 1—Principal amendments
Telecommunications (Interception) Act 1979
Part 2—Other amendments
Administrative Decisions (Judicial Review) Act 1977
Australian Crime Commission Act 2002
Australian Security Intelligence Organisation Act 1979
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004
Criminal Code Act 1995
Freedom of Information Act 1982
Intelligence Services Act 2001
Law Officers Act 1964
Mutual Assistance in Criminal Matters Act 1987
Surveillance Devices Act 2004
Telecommunications Act 1997
Telecommunications (Interception) Act 1979
Schedule 2—B‑party interception
Telecommunications (Interception) Act 1979
Schedule 3—Equipment‑based interception
Telecommunications (Interception) Act 1979
Schedule 4—Class 1 and class 2 offences
Part 1—Amendments
Telecommunications (Interception) Act 1979
Part 2—Transitional provisions
Schedule 5—Transfer of functions
Telecommunications (Interception) Act 1979
Schedule 6—Other amendments
Telecommunications (Interception) Act 1979
An Act to amend the Telecommunications (Interception) Act 1979, and for related purposes
[Assented to 3 May 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications (Interception) Amendment Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 3 May 2006 |
2. Schedules 1 to 3 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 13 June 2006 (see F2006L01623) |
3. Schedule 4 | 1 July 2006. | 1 July 2006 |
4. Schedule 5 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 3 November 2006 |
5. Schedule 6, item 1 | Immediately after the commencement of item 10 of Schedule 1 to the Telecommunications… |
Overview
The Telecommunications (Interception) Amendment Act 2006 was enacted by the Parliament of Australia to amend the Telecommunications (Interception) Act 1979 and address the growing need for enhanced surveillance capabilities to combat serious crimes and national security threats. This amendment introduced provisions for the lawful interception and access of stored telecommunications data, which was not previously covered under the existing framework. The primary objective of the Act was to provide enforcement agencies with the necessary tools to investigate serious offences by allowing the interception of both real-time communications and stored data, subject to judicial oversight and stringent safeguards to protect privacy and civil liberties. The Act delineates specific conditions under which stored communications warrants can be issued, executed, and under which intercepted data can be used, ensuring that such actions are proportionate and justified by the gravity of the suspected offence.
Scope and Application
The Telecommunications (Interception) Amendment Act 2006 applies to telecommunications services provided within Australia, affecting both Commonwealth and State/Territory agencies authorised to issue interception and access warrants. The Act amends the Telecommunications (Interception) Act 1979 to expand the scope of interception to include access to stored communications, which are defined as communications that are not passing over a telecommunications system and are held on equipment operated by a carrier. The Act provides a legal framework for the issuance and execution of warrants for intercepting and accessing telecommunications, including stored communications, with the aim of investigating serious offences. It sets out the procedures for applying for and issuing warrants, the conditions under which warrants can be executed, and the limitations on the use of intercepted information. The Act also outlines the rights and protections of individuals whose communications are intercepted or accessed, including the circumstances under which intercepted information can be used in legal proceedings and the penalties for unauthorised access or dealing with intercepted information.
Key Provisions
- The Telecommunications (Interception) Amendment Act 2006 amends the Telecommunications (Interception) Act 1979 to introduce new provisions related to the interception and access of stored communications. The Act defines 'stored communication' as a communication that is not passing over a telecommunications system, is held on equipment operated by a carrier, and cannot be accessed without the assistance of a carrier employee. The Act prohibits accessing stored communications without the knowledge of the intended recipient or the sender, with certain exceptions for authorised access under warrants. Enforcement agencies can apply for stored communications warrants to access stored communications that would likely assist in investigating serious contraventions. The Act also imposes obligations on carriers to provide technical assistance to enforcement agencies for accessing stored communications and to issue certificates regarding the execution of warrants. Penalties are prescribed for offences related to the unauthorised access of stored communications, dealing with accessed information, and obstruction of warrant execution.
- Under the Act, the Minister can appoint issuing authorities to issue warrants. These authorities include judges, magistrates, and certain legal practitioners. Issuing authorities must consider privacy interference, the gravity of the conduct, and the availability of alternative investigative methods before issuing a warrant. Enforcement agencies must inform carriers and other agencies of warrant issuance and revocation. The Act also outlines provisions for the revocation and duration of warrants, the execution of warrants, and the admissibility of accessed information in legal proceedings.
- The Act provides for civil and criminal remedies for aggrieved persons in cases of unlawful access or communication of stored communications. It also includes provisions for the destruction of records, the keeping and inspection of access records, and the reporting of warrant applications and issuance statistics. The Act extends to the Australian Capital Territory and applies to the Commonwealth and the Australian Federal Police.
- Area of Law
- Telecommunications Law
- Privacy Law
- Criminal Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Offence Provisions
- Civil Penalty Provisions
- Enforcement Powers
- Review & Sunset Clauses
- Parliamentary Oversight