Telecommunications (Interception) Amendment Regulations 2000 (No. 2) 2000 No. 325
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 325
Issued by the Authority of the Attorney-General
Telecommunications (Interception) Act 1979
Telecommunications (Interception) Amendment Regulations 2000 (No. 2)
Part VI of the Telecommunications (Interception) Act 1979 (the Act) provides for warrants authorising agencies to intercept telecommunications. Section 49 of the Act provides in part that warrants shall be in accordance with the prescribed form. Section 108 permits the GovernorGeneral to make regulations prescribing matters required or permitted to be prescribed by the Act.
Part VI Division 4 provides for several categories of warrants. Section 45 provides for the issue of a telecommunications service warrant in relation to a class 1 offence. Section 45A provides for the issue of a named person warrant in relation to a class 1 offence. Section 46 provides for the issue of a telecommunications service warrant in relation to a class 2 offence. Section 46A provides for the issue of a named person warrant in relation to a class 2 offence. Section 48 provides for the issue of a warrant for entry onto premises. Telecommunications service warrants authorise the interception of a particular service while named person warrants authorise the interception of all services used, or likely to be used, by a named person. Section 48 warrants may be sought where sections 45 or 46 authorise the use of a warrant but for technical or other reasons it is impractical or inappropriate to intercept communications under a warrant otherwise then by the use of equipment or a line installed on a premises.
The Telecommunications (Interception) Regulations) 1987 prescribe the form of warrant for the purpose of sections 45, 45A, 46, 46A and 48.
The Telecommunications (Interception) Amendment Act 2000 amended section 55 of the Act to enable an agency to designate officers or members or classes of officers or members of another agency to undertake interceptions on behalf of that agency.
The regulations amend the form of warrant to ensure that interceptions may be undertaken on behalf of another agency where the appropriate delegations under section 55 of the Act are in place. The amendments also re-drafted the section 45, 46 and 48 warrants in plain English drafting style consistent with 45A and 46A warrants.
Warrants under section 48 of the Act authorising entry onto premises may be sought in circumstances where a telecommunications service warrant or a named person warrant could be issued but circumstances exist that necessitate a section 48 warrant. The amendments prescribe a form of warrant for section 48 warrants.
Details of the Regulations are in the attachment.
The Regulations commence on gazettal.
Attachment
NOTES ON THE REGULATIONS
The details of the regulations are as follows:
Regulation 1 Cites the regulations as the Telecommunications (Interception) Amendment Regulations 2000 (No. 2)
Regulation 2 The Regulations commence on gazettal.
Regulation 3 Schedule 1 amends the Telecommunications (Interception) Regulations 1987.
Item 1 of Schedule 1 substitutes Regulation 3 with an updated list of the prescribed forms.
Item 2 of Schedule 1 substitutes schedules 3, 3A, 4, 4A and 5 with a new schedule 3 that contains forms 1, 2, 3, 4 and 5.
Form 1 provides for the form of telecommunications service warrants in relation to class 1 offences. The form of warrant has been re-drafted in plain English. Authority under the warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55(3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.
Form. 2 provides for the form of warrant for named person warrants in relation to class 1 offences. The form of warrant has been amended so that it is in a format consistent with the other warrants.
Form 3 provides for the form of telecommunications service warrants in relation to class 2 offences. The form of warrant has been re-drafted in plain English. Authority under the warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55(3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs.
Form 4 provides for the form of warrant for named person warrants in relation to class 2 offences. The form of warrant has been amended so that it is in a format consistent with the other warrants. The word "only" has been added to sub-section 2(e) of the authorisation to clarify that the list of matters to be considered for the purpose of that sub-section is an exclusive list.
Form 5 provides for the form of warrant for entry on premises and interception of communications. The form of warrant has been re-drafted in plain English. Authority under the warrant may be exercised by any officer or staff member of the applicant agency, or another agency, to whom an approval under subsection 55(3) of the Telecommunications (Interception) Act 1979 applies in relation to the warrant, or the class of warrants to which it belongs. Form 5 prescribes the form of warrants with respect to entry onto premises for warrants on a single telecommunications service. No form. of warrant is prescribed for entry onto premises with respect to a named person warrants.