Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2021 (No. 1)

Administered by Department of Home Affairs

Legislation au F2021L00380 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Telecommunications (Interception and Access) Act 1979

Telecommunications (Interception and Access) (Communications Access Co-ordinator) AMENDMENT Instrument 2021 (No. 1)

(Subsection 6R(2))

 

 

  1.            The Telecommunications (Interception and Access) (Communications Access          Co-ordinator) Amendment Instrument 2021 (No. 1) (LIN 21/022) (“the Amendment Instrument”) is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (“the TIA Act”) and subsection 33(3) of the Acts Interpretation Act 1901.
  2. The Amendment Instrument amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (“the 2019 Instrument”).
  3. The TIA Act establishes the position of Communications Access Co-ordinator as the primary point of liaison for law enforcement agencies, interception agencies, telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues.
  4. Under section 6R of the TIA Act, Communications Access Co-ordinator is taken to mean the Secretary of the Department of Home Affairs or a person or body specified by the Minister in a legislative instrument under that section.
  5. The 2019 Instrument specifies, as Communications Access Co-ordinator, persons who hold, occupy or perform the duties of certain positions in certain work areas, including the National Security Policy Branch of the Strategy and Law Enforcement Group.
  6. As a result of a Departmental restructure, responsibility for the National Security Policy Branch has been transferred from Law Enforcement Policy Division (while still remaining in Strategy and Law Enforcement Group). The 2019 Instrument has been amended to reflect this change. It has also been simplified to combine references to persons holding positions at the SES Band 2 and SES Band 3 classifications with responsibility for the National Security Policy Branch.
  7. As a result of a concurrent structural change, the Telecommunications and Technology Branch in the Critical Infrastructure Security Division of the National Resilience and Cyber Security Group has been renamed the Risk and Strategic Analysis Branch. The 2019 Instrument has been amended to reflect this change.
  8. There are no other changes to the number of people, positions, classification levels or work areas resulting from the making of the Amendment Instrument.
  9. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary. This instrument corrects organisational references following a Departmental restructure.
  10. A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and is at Attachment A.
  11. The Amendment Instrument commences the day after it is registered on the Federal Register of Legislation.


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 2021 (No. 1)

This Disallowable 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 Disallowable Legislative Instrument

The Telecommunications (Interception and Access) (Communications Access Co-Ordinator) Amendment Instrument 2021 (No. 1) ("the Amendment Instrument") is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (“the TIA Act”). Under section 6R of the TIA Act, Communications Access Co-ordinator is taken to mean the Secretary of the Department of Home Affairs or a person or body specified by the Minister in a legislative instrument under that section.

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (“the 2019 Instrument”) specifies, as Communications Access Co-ordinator, persons who hold, occupy or perform the duties of certain positions in certain work areas, including the National Security Policy Branch of the Strategy and Law Enforcement Group.

As a result of a Departmental restructure, responsibility for the National Security Policy Branch has been transferred from Law Enforcement Policy Division, while still remaining within Strategy and Law Enforcement Group. The 2019 Instrument has been amended to reflect this change. It has also been simplified to combine references to persons holding positions at the SES Band 2 and SES Band 3 classifications with responsibility for the National Security Policy Branch.

As a result of a concurrent structural change, the Telecommunications and Technology Branch in the Critical Infrastructure Security Division of the National Resilience and Cyber Security Group has been renamed the Risk and Strategic Analysis Branch. The 2019 Instrument has been amended to reflect this change.

There are no other changes to the number of people, positions, classification levels or work areas resulting from the making of the Amendment Instrument.

The Amendment Instrument is technical in nature, and does not affect the functions or powers 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 Instrument corrects organisational references following Departmental restructures, and is consistent with the original intent of the 2019 Instrument. As such, this Disallowable Legislative Instrument is a technical amendment only and does not engage any of the applicable rights or freedoms.

Conclusion

This Amendment Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

 

Overview

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2021 (No. 1) was enacted to address the need for updating the organisational references within the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019, following a departmental restructure. This amendment was necessary to ensure the legislative instrument remains current and reflective of the organisational changes within the Department of Home Affairs. The instrument was made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979, with no changes to the functions or powers of a Communications Access Co-ordinator, which are governed by the TIA Act and the Telecommunications Act 1997. The policy objective of this amendment is to maintain the effectiveness and accuracy of the legislative instrument in facilitating the role of the Communications Access Co-ordinator.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2021 (No. 1) amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019, which specifies the roles and responsibilities of the Communications Access Co-ordinator under the Telecommunications (Interception and Access) Act 1979. This Act is a Commonwealth legislation that governs telecommunications interception and access by law enforcement and other authorised agencies. The Communications Access Co-ordinator is the key liaison for these agencies, telecommunications carriers, and service providers. The Amendment Instrument updates the organisational references within the 2019 Instrument to reflect recent Department of Home Affairs restructuring. This change involves transferring the National Security Policy Branch from the Law Enforcement Policy Division to another location within the Strategy and Law Enforcement Group, while also renaming the Telecommunications and Technology Branch to the Risk and Strategic Analysis Branch within the National Resilience and Cyber Security Group. These amendments do not alter the number of people, positions, classification levels, or work areas, ensuring that the functions and powers of the Communications Access Co-ordinator remain unchanged. This legislative update is purely technical, aiming to align the legislative instrument with the current departmental structure without affecting its substantive application or the human rights and freedoms recognised in the international instruments.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2021 (No. 1) amends the 2019 Instrument by updating organisational references following a Departmental restructure. This amendment ensures that the roles and responsibilities of the Communications Access Co-ordinator remain consistent with the intent of the original legislation. Section 6R of the Telecommunications (Interception and Access) Act 1979 (TIA Act) defines the Communications Access Co-ordinator as the Secretary of the Department of Home Affairs or a person or body specified by the Minister. The 2019 Instrument previously specified certain positions within the National Security Policy Branch of the Strategy and Law Enforcement Group as eligible for this role. The Amendment Instrument updates these references to reflect the transfer of responsibility for the National Security Policy Branch from the Law Enforcement Policy Division, while still remaining within the Strategy and Law Enforcement Group. The Amendment Instrument also simplifies the 2019 Instrument by combining references to individuals holding positions at the SES Band 2 and SES Band 3 classifications with responsibility for the National Security Policy Branch. Additionally, it corrects the name of the Telecommunications and Technology Branch in the Critical Infrastructure Security Division of the National Resilience and Cyber Security Group, renaming it the Risk and Strategic Analysis Branch. These amendments are technical in nature and do not alter the number of people, positions, classification levels or work areas covered by the 2019 Instrument. The obligations and requirements imposed by the Amendment Instrument are primarily administrative, ensuring that the organisational references within the 2019 Instrument are accurate and up to date. This helps maintain clarity and consistency in the roles and responsibilities of the Communications Access Co-ordinator, facilitating effective communication and coordination between law enforcement agencies, interception agencies, telecommunications carriers and carriage service providers. The Amendment Instrument does not introduce new obligations or requirements beyond those already established by the TIA Act and the Telecommunications Act 1997. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Amendment Instrument itself, as it is a technical amendment that corrects organisational references. However, any failure to comply with the requirements of the TIA Act or the Telecommunications Act 1997 in relation to the role of the Communications Access Co-ordinator may result in penalties as specified under those Acts. The TIA Act and Telecommunications Act 1997 provide for various penalties for breaches, including fines and imprisonment, depending on the nature and severity of the offence. The Amendment Instrument ensures that the organisational framework within which these Acts are administered remains current and accurate, thereby supporting the effective implementation of the legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.