EXPLANATORY STATEMENT

Issued by authority of the Minister for Home Affairs

Telecommunications (Interception and Access) Act 1979

Telecommunications (Interception and Access) (Communications Access Co-ordinator) AMENDMENT Instrument 2021 (No. 2)

(Subsection 6R(2))

1.            The Telecommunications (Interception and Access) (Communications Access
   Co-ordinator) Amendment Instrument 2021 (No. 2) (LIN 21/068) (“the Amendment Instrument”) is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (“the TIA Act”) in accordance with 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 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 in the Department, notably including the National Security Policy Branch, and Critical Infrastructure Security Division.
6. As a result of a Departmental restructure, the National Security Policy Branch has been transferred into the newly established Strategy and National Resilience Group. The Amendment Instrument makes amendments to the 2019 Instrument to reflect this change (see sections 1 and 2).
7. Further, as a result of the Departmental restructure, the Risk and Strategic Analysis Branch has been renamed the Risk Assessment and Modelling Branch and moved into the newly established Cyber and Infrastructure Security Operations Division, within the Cyber and Infrastructure Security Centre. The Communications Access Co-ordinator functions within the previous Critical Infrastructure Security Division have been brought into the Cyber and Infrastructure Security Operations Division. The 2019 Instrument has been amended to reflect these changes (see sections 3, 4 and 5).
8. There are no other changes to the number of people, positions, classification levels or work areas specified to be the Communications Access Co-ordinator resulting from the making of the Amendment Instrument.
9. No consultation was undertaken before the instrument was made, as it makes technical amendments to correct references work areas 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 is subject to parliamentary scrutiny under Part 2 of Chapter 3 of the Legislation Act 2003 and 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. 2)

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. 2) ("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 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.

As a result of a Departmental restructure, responsibility for the National Security Policy Branch has been transferred into the newly established Strategy and National Resilience Group. The 2019 Instrument has been amended to reflect this change.

As a result of the Departmental restructure, the Risk and Strategic Analysis Branch has been renamed the Risk Assessment and Modelling Branch and moved into the newly established Cyber and Infrastructure Security Operations Division. The Communications Access Co-ordinator functions within the previous Critical Infrastructure Security Division have been brought into the Cyber and Infrastructure Security Operations Division. The 2019 Instrument has been amended to reflect these changes.

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 a Departmental restructure, 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.