EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Telecommunications (Interception and Access) Amendment Act 2008
Proclamation
Subsection 2(1) of the Telecommunications (Interception and Access) Amendment Act 2008
(the Act) provides that items 20 to 25 in Schedule 1 to the Act commence on a day to be fixed by Proclamation. However, if these provisions do not commence within six months from the date the Act received Royal Assent, they will commence on the first day after the end of that period.
The amending Act received Royal Assent on 26 May 2008.
The purpose of the Proclamation was to fix 1 July 2008 as the day on which items 20 to 25 in Schedule 1 to the Act commence.
The Telecommunications (Interception and Access) Act 1979 (the TIA Act) prohibits the interception of communications. The main exception to this prohibition is the interception of a communication pursuant to a warrant issued in accordance with the TIA Act. A warrant can authorise the interception of one service a person uses or is likely to use (a telecommunications interception warrant). Alternatively, a warrant can authorise the interception all of the services that a named person is using or is likely to use (a service based named person warrant) or all devices (such as a mobile phone) that a person uses (a device based named person warrant).
Items 20 to 25 clarify that a warrant issued pursuant to section 46A of the Telecommunications (Interception and Access) Act 1979 may authorise the interception of multiple devices that are identified on the warrant.
The Proclamation fixed 1 July 2008 as the day for commencement of items 20 to 25 because it was anticipated the necessary administrative changes would be implemented. Consultation was undertaken regarding the changes to the Act with the relevant interception agencies.
The accompanying Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.