Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019
No. 124, 2019
An Act to amend the Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Intelligence Services Act 2001
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019
No. 124, 2019
An Act to amend the Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979, and for related purposes
[Assented to 12 December 2019]
The Parliament of Australia enacts:
1 Short title
This Act is the Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019.
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 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 13 December 2019 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Intelligence Services Act 2001
1 After paragraph 29(1)(bc)
Insert:
(bca) to review, by 30 September 2020, the operation of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and to give a written report of the review to the Minister administering the Telecommunications (Interception and Access) Act 1979; and
Telecommunications (Interception and Access) Act 1979
2 Section 187N (heading)
Omit “and the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018”.
3 Subsection 187N(1)
Omit “and the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018”.
4 Transitional—review
A review of the operation of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 that was started under section 187N of the Telecommunications (Interception and Access) Act 1979, as in force before the commencement of this item, must be continued after this item commences and concluded in accordance with paragraph 29(1)(bca) of the Intelligence Services Act 2001 as inserted by this Schedule.
[Minister’s second reading speech made in—
House of Representatives on 17 October 2019
Senate on 27 November 2019]
Overview
The Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019 was enacted by the Parliament of Australia to address identified issues and gaps in the existing telecommunications interception and access framework. This Act amends the Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979, primarily to introduce a formal review process of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018. The policy objective is to ensure that the law remains effective and relevant by reviewing its operation and reporting findings to the relevant Minister. This Act underscores the importance of ongoing legislative review to adapt to emerging challenges and maintain the balance between national security and individual privacy.
Scope and Application
The Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019 is a legislative instrument designed to amend the existing Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979. This Act applies to the relevant Ministers and other specified officials who are responsible for overseeing the operation and review of the aforementioned amendments. Specifically, it mandates a review of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018, to be completed by 30 September 2020, and requires the submission of a written report to the Minister administering the Telecommunications (Interception and Access) Act 1979. The Act's jurisdiction extends across the Commonwealth of Australia, and it came into effect the day after receiving Royal Assent, which was 13 December 2019. The Act does not specify any exclusions, exemptions, or thresholds and is intended to operate in conjunction with the provisions of the subordinate instruments that may be enacted to further define its application and scope.
Key Provisions
The Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019 primarily focuses on amendments to the Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979. It mandates a review of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018. According to section 1 of Schedule 1, the review is to be conducted by 30 September 2020, and a written report of the review is to be given to the Minister administering the Telecommunications (Interception and Access) Act 1979. This review requirement is inserted into paragraph 29(1)(bc) of the Intelligence Services Act 2001.
The Act imposes specific obligations on the relevant parties, including the requirement for the review to be conducted by a specified deadline and the submission of a written report. Furthermore, it mandates that any review already in progress under section 187N of the Telecommunications (Interception and Access) Act 1979 must continue and be concluded in line with the new review requirements inserted by this Act. These obligations are outlined in the amendments to sections 187N and the transitional provisions of the Telecommunications (Interception and Access) Act 1979, which have been modified to reflect the new review framework.
In terms of potential breaches and consequences, the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, failure to adhere to the mandated review process and timely submission of the written report could result in administrative or legal consequences under the broader legislative framework of the Intelligence Services Act 2001 and the Telecommunications (Interception and Access) Act 1979. These consequences might include further regulatory scrutiny, enforcement actions, or other administrative penalties as deemed appropriate by the relevant authorities.