Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2022

Administered by Department of Home Affairs

Legislation au F2022L00144 Not in force Legislative Instrument

Legislation content

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 2022

1                The instrument, Departmental reference LIN 22/008, is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (the TIA Act). 

2                The instrument amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (the primary instrument) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).  That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument. 

3                The instrument commences on the day after registration on the Federal Register of Legislation, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

4                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. 

5                Under section 6R of the TIA Act, Communications Access Co-ordinator is the Secretary of the Department of Home Affairs (the Department) or a person or body specified by the Minister in a legislative instrument under that section. The primary 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.

6                The primary instrument was recently amended to take into account a Departmental restructure on 1 September 2021 (see Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2021 (No. 2)). 

7                Further amendments to the primary instrument are now required to:

  • update the name of the Risk Assessment Branch within the Cyber and Infrastructure Security Centre (formerly the Risk Assessment and Modelling Branch), following a restructure in February 2022;
  • remove the reference to ‘SES3’ and specify the position of Group Manager (defined in the instrument) as Communications Access Co-ordinator to reflect that the Cyber and Infrastructure Security Centre is headed by a Group Manager, not a Senior Executive Service Band 3; and
  • correct a grammatical error (by inserting the words ‘in the’ at the start of the paragraph 5(d)). 

8                There are no other changes to the number of people, positions, classification levels or work areas specified as the Communications Access Co-ordinator resulting from the amendments in the instrument. 

Consultation

9                No consultation was undertaken prior to making the instrument, as it makes technical amendments that are minor and machinery in nature. 

Details of the instrument

10            Section 1 sets out the name of the instrument.

11            Section 2 provides for the commencement of the instrument on the day after registration. 

12            Section 3 gives effect to Schedule 1 to the instrument, to make amendments to the primary instrument. 

13            Schedule 1 to the instrument:

  • inserts a definition of ‘Group Manager’ to assist with the interpretation of new paragraph 5(d) (item 1);
  • repeals and remakes paragraph 5(c) to update the name of the Risk Assessment Branch within the Cyber and Infrastructure Security Centre (formerly the Risk Assessment and Modelling Branch), following a restructure in February 2022 (item 2);
  • repeals and remakes paragraph 5(d) to provide that the SES2 and Group Manager in the Cyber and Infrastructure Security Centre are specified, and correct a previous grammatical error (by inserting the words ‘in the’ at the start of the paragraph) (item 3); and
  • deletes paragraph 5(e) of the primary instrument as a consequence of remaking paragraph 5(d) (item 4). 

Parliamentary scrutiny etc. 

14            The instrument is subject to disallowance under section 42 of the Legislation Act.  A Statement of Compatibility with Human Rights has been prepared in relation to the instrument, and provides that the instrument does not raise any human rights issues.  The Statement is included at Attachment A to this explanatory statement. 

15            The instrument was made by the Minister for Home Affairs, in accordance with subsection 6R(2) of the TIA Act. 


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 2022

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 2022 (the 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, the Communications Access Co-ordinator is the Secretary of the Department of Home Affairs (the Department) 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 primary 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. 

The instrument makes minor changes to the primary instrument to:

-          update the name of the Risk Assessment Branch within the Cyber and Infrastructure Security Centre (formerly the Risk Assessment and Modelling Branch), following a restructure in February 2022;

-          remove the reference to ‘SES3’ and specify the position of Group Manager (defined in the instrument) as Communications Access Co-ordinator to reflect that the Cyber and Infrastructure Security Centre is headed by a Group Manager, not a Senior Executive Service Band 3; and

-          correct a grammatical error (by inserting the words “in the” at the start of the paragraph 5(d)). 

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

The instrument is technical in nature, and does not affect the functions or powers of a Communications Access Co-ordinator, which are governed by the TIA Act and the Telecommunications Act 1997.

Human rights implications

The instrument makes minor changes to fix a grammatical error and update references to a position and branch within the Cyber and Infrastructure Security Centre in the Department.  The amendments are minor and machinery in nature and are consistent with the original intent of the primary instrument.  As a result, this Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

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

The Hon Karen Andrews MP

Minister for Home Affairs

 

Overview

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2022 (F2022L00144), made under the authority of the Minister for Home Affairs, is a legislative instrument designed to update the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019. The primary purpose of these amendments is to reflect organisational changes within the Department of Home Affairs, particularly the restructuring of the Cyber and Infrastructure Security Centre and its branches. Specifically, the instrument updates the name of the Risk Assessment Branch, corrects a grammatical error, and adjusts the designation of the position responsible for telecommunications interception and access coordination to accurately reflect the current organisational structure. This amendment does not alter the fundamental functions or powers of the Communications Access Co-ordinator but ensures that the legislative framework remains aligned with the current departmental setup. The instrument is technical and minor in nature, focusing solely on administrative updates to maintain the integrity and relevance of the legislation.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2022 amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019, which specifies roles within the Department of Home Affairs that are designated as the Communications Access Co-ordinator under the Telecommunications (Interception and Access) Act 1979. This amendment applies to persons who hold, occupy or perform the duties of certain positions within specified work areas in the Department of Home Affairs, including the updating of the name of the Risk Assessment Branch within the Cyber and Infrastructure Security Centre, the specification of the Group Manager position as Communications Access Co-ordinator, and the correction of a grammatical error. The instrument is technical in nature and does not alter the functions or powers of a Communications Access Co-ordinator, which remain governed by the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997. It operates within the Commonwealth jurisdiction and is subject to disallowance under the Legislation Act 2003. A Statement of Compatibility with Human Rights has been prepared, confirming that the instrument does not engage any of the applicable rights or freedoms under the international human rights instruments.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Amendment Instrument 2022 amends the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019. These amendments are made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) and section 33(3) of the Acts Interpretation Act 1901. The primary purpose of these amendments is to reflect recent departmental restructurings and correct a grammatical error within the primary instrument. Specifically, the instrument updates the name of the Risk Assessment Branch within the Cyber and Infrastructure Security Centre, removes the reference to 'SES3' and specifies the position of Group Manager as Communications Access Co-ordinator, and corrects a grammatical error in paragraph 5(d) of the primary instrument. The obligations and requirements imposed by these amendments are primarily administrative and technical. The amendments ensure that the roles and responsibilities of the Communications Access Co-ordinator, as specified in the primary instrument, are accurately reflected to align with the current structure and nomenclature of the Department of Home Affairs. By updating the name of the branch and the position title, the amendments maintain the clarity and effectiveness of the liaison role between law enforcement agencies, interception agencies, telecommunications carriers, and carriage service providers. The insertion of the words "in the" at the start of paragraph 5(d) corrects a grammatical oversight without altering the substantive meaning or obligations of the specified roles. Breaches of the provisions within the TIA Act, including those amended by this instrument, can result in various civil and criminal consequences. Under section 239 of the TIA Act, a person who contravenes certain provisions related to interception of telecommunications can be guilty of an offence and may be subject to a fine or imprisonment. The maximum penalties for such offences can include fines of up to 5,000 penalty units or imprisonment for up to five years, or both. Additionally, civil penalties may apply for breaches of data retention obligations under section 136 of the TIA Act, with penalties set out in the Telecommunications Act 1997. These provisions underscore the importance of compliance with the legislative requirements governing telecommunications interception and data retention.

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National Security Law
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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.