EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Telecommunications (Interception and Access) Amendment Act 2007
Proclamation
Subsection 2 (1) of the Telecommunications (Interception and Access) Amendment Act 2007 (the amending Act) provides that the provisions in Schedule 1 to the amending Act commence on a day to be fixed by Proclamation. If these provisions do not commence within a period of six months from the date the amending Act receives Royal Assent, they will commence on the first day after the end of that period.
The amending Act received the Royal Assent on 28 September 2007.
The purpose of the accompanying Proclamation is to fix 1 November 2007 as the day on which Schedule 1 to the amending Act commences.
Schedule 1 to the amending Act transfers the relevant provisions of the Telecommunications Act 1997 to the Telecommunications (Interception and Access) Act 1979 to create comprehensive and over-arching legislation dealing with access to telecommunications data for the purposes of national security and law enforcement, as recommended by the Report of the Review of the Regulation of Access to Communications conducted by Mr A S Blunn AO.
Schedule 1 to the amending Act also imposes obligations on carriers and carriage service providers in relation to interception capability and delivery capability and preserves the existing associated cost allocation principles.
The Proclamation fixes 1 November 2007 as the day for commencement of the provisions in Schedule 1 to the amending Act because it is anticipated that the necessary administrative changes will be implemented by that date. The Proclamation date was reached after consultation with industry and agencies.
The accompanying Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.