EXPLANATORY STATEMENT

Telecommunications (Interception and Access) Act 1979

Telecommunications (Interception and Access) (Communications Access Co-ordinator) AMENDMENT      Instrument 2018

(Subsection 6R(2))

1.            This instrument is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (the Act).
2. The instrument amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2018 under subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The amendment in Schedule 1 amends a description of an organisational unit in the Department of Home Affairs. Currently paragraph 6(2)(b) specifies the SES2 position in the National Security and Law Enforcement Policy Branch, however, this is amended to refer to the National Security and Law Enforcement Policy Division. This amendment does not change the position specified.
4. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary. This instrument makes minor typographical amendments to the instrument and does not alter existing arrangements. 
5. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 24576).
6. Under section 42 of the Legislation Act 2003, this instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights is included at Attachment A.
7. The instrument commences on the day after it is registered. 

Attachment A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Telecommunications (Interception and Access) (Communications Access Co-Ordinator) Amendment Instrument 2018 (LIN 18/202)

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Telecommunications (Interception and Access) (Communications Access Co-Ordinator) Amendment Instrument 2018 (LIN 18/146) ("the amending instrument") is made under section 6R of the Telecommunications (Interception and Access) Act 1979 (the TIA Act) and amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2018 (the principal instrument). Section 6R of the TIA Act provides that the Communications Access Co‑ordinator is the Secretary of the Department of Home Affairs or another person specified in writing by the relevant Minister.

In the principal instrument, the Minister specifies persons holding, occupying or performing duties of certain positions in the Department of Home Affairs to be Communications Access Co‑ordinators. The amending instrument makes a technical amendment to amend a description where the instrument refers to a position within the “National Security and Law Enforcement Policy Branch” (which does not exist) instead of the “National Security and Law Enforcement Policy Division”.

The change is technical in nature, to refer to the correct name of the work area in which the specified position is located. The amending instrument does not affect the functions of a Communications Access Co‑ordinator, which are governed by the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

Human rights implications

The amendment corrects an organisational reference and gives effect to the original intent of the instrument. As such, this instrument does not engage any of the applicable rights or freedoms.

A detailed explanation of the rights and freedoms engaged when the principal instrument was introduced can be found in the Statement of Compatibility that was prepared for that instrument.

Conclusion

This amendment is compatible with human rights as it is a technical amendment only and does not raise any human rights issues.