Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019

Overview

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 was enacted in 2019 to address the need for a designated Communications Access Co-ordinator within the Department of Home Affairs. This legislative instrument was made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979, as authorised by the Acts Interpretation Act 1901. The primary objective of this legislation is to specify the individuals who are eligible to perform the duties of the Communications Access Co-ordinator, ensuring that these roles are held by appropriately classified personnel within specified branches of the Department of Home Affairs. The instrument provides clarity on the classification levels and work areas that qualify individuals for this critical role, thereby enhancing the efficiency and effectiveness of telecommunications interception and access activities as mandated by the overarching Act.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 is a legislative instrument made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979. It specifies certain positions within the Department of Home Affairs that are eligible to serve as Communications Access Coordinators, a role that is integral to the oversight of telecommunications interception activities as defined by the Act. This instrument applies specifically to individuals holding, occupying, or performing duties in designated positions within the National Security Policy Branch of the Strategy and National Resilience Group, the Strategy and National Resilience Group itself, the Risk Assessment Branch of the Cyber and Infrastructure Security Centre, and the Cyber and Infrastructure Security Centre. The positions specified range from Executive Level 1 to Senior Executive Band 3 classifications, ensuring that those with appropriate levels of authority and responsibility are eligible to take on this role. The instrument does not specify any exclusions or exemptions but rather delineates the eligibility criteria for certain positions within the Department of Home Affairs. Additionally, the instrument may be amended through subordinate instruments to reflect changes in organisational structure or responsibilities within the Department.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (LIN 19/028) is a legislative instrument made under the authority of the Telecommunications (Interception and Access) Act 1979. It specifies which positions within the Department of Home Affairs are eligible to serve as Communications Access Co-ordinators. Specifically, section 5 outlines the classification levels and work areas within the Department that qualify individuals to hold this role. These classifications include Executive Level 1 (EL1) and Executive Level 2 (EL2), as well as Senior Executive Band 1 (SES1), Senior Executive Band 2 (SES2), and Senior Executive Band 3 (SES3) within certain branches such as the National Security Policy Branch of the Strategy and National Resilience Group, the Strategy and National Resilience Group, the Risk Assessment Branch of the Cyber and Infrastructure Security Centre, and the Cyber and Infrastructure Security Centre. This instrument imposes clear obligations on the Department of Home Affairs to identify and specify the positions that can serve as Communications Access Co-ordinators, ensuring that only qualified individuals in specified roles within the Department are eligible for this responsibility. These positions must meet the criteria set out in section 5, which includes specific classification levels and responsibilities within the designated work areas. The Department is required to ensure that the specified positions are aware of their responsibilities and comply with the requirements of the Act. The Act itself may impose penalties for breaches of its provisions, although the specific offences, penalties, or consequences for non-compliance are not detailed within the instrument itself. The Telecommunications (Interception and Access) Act 1979 provides a framework for interception and access to telecommunications, and it is likely that any breaches of this Act, including improper designation of Communications Access Co-ordinators, could result in civil or criminal penalties. These could include fines and imprisonment, depending on the nature and severity of the breach. However, the exact penalties are detailed within the main Act and not within this instrument.