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

Administered by Department of Home Affairs

Legislation au F2022L01097 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Attorney-General

Telecommunications (Interception and Access) Act 1979

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

1                The instrument is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979 (the TIA Act). 

2                The instrument remakes the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (the 2019 instrument) to take into account the new Administrative Arrangements Order (AAO), which commenced on 1 July 2022 and which moved administrative responsibility of most of the TIA Act to the Attorney-General’s portfolio. 

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 interception agencies and telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues. 

5                Under section 6R of the TIA Act, the Communications Access Co-ordinator is the Secretary of the Attorney-General’s Department or a person or body specified by the Attorney‑General in a legislative instrument under that section. The 2019 instrument specified, as Communications Access Co-ordinator, persons who hold, occupy or perform the duties of certain positions in certain work areas in the Department of Home Affairs.

6                The 2019 instrument is required to be remade as a result of a new AAO. The new instrument:

  • clarifies that the definition of Group Manager is a position specific to the Department of Home Affairs
  • specifies persons who hold or perform the duties of certain positions in the National Security Policy Branch of the Integrity and International Group in the Attorney-General’s Department as a Communications Access Co-ordinator, and
  • specifies persons who hold or perform the duties of certain positions in the Cyber and Infrastructure Security Centre in the Department of Home Affairs as a Communications Access Co-ordinator.  

7                The positions that have been specified as a Communications Access Co-ordinator remain unchanged from the 2019 instrument. The changes simply reflect the fact that the National Security Policy Branch has moved from the Strategy and National Resilience Group in the Department of Home Affairs to the Integrity and International Group in the Attorney-General’s Department and ensures that positions in the Cyber and Infrastructure Security Centre (which remains in the Department of Home Affairs) retain their existing specification. 

Consultation

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

Details of the instrument

9                Section 1 sets out the name of the instrument.

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

11            Section 3 notes the instrument is made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979.

12            Section 4 defines words and terms used in the instrument. In particular, the definition of Group Manager clarifies this is a position in the Department of Home Affairs.  This assists with the interpretation of subparagraph 3(2)(b)(ii);

13            Section 5 of the instrument specifies persons who hold or perform the duties of the listed positions in:

  • the National Security Policy Branch of the Integrity and International Group in the Attorney‑General’s Department, or
  • the Cyber and Infrastructure Security Centre in the Department of Home Affairs

as a Communications Access Co-ordinator for the purposes of subsection 6R(2) of the TIA Act. 

14            Section 6 of the instrument repeals the 2019 instrument.

Parliamentary scrutiny etc. 

15            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. 

16            The instrument was made by the Attorney-General 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) 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) Instrument 2022 (the 2022 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 Attorney-General’s Department or a person or body specified by the Attorney-General in a legislative instrument under that section.

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 specified, as a Communications Access Co-ordinator, persons who hold, occupy or perform the duties of certain positions in certain work areas in the Department of Home Affairs. 

The 2022 instrument defines as a Communications Access Co-ordinator:

-          persons who hold or perform the duties of listed positions in the National Security Policy Branch of the Integrity and International Group in the Attorney‑General’s Department; and

-          persons in the Cyber and Infrastructure Security Centre in the Department of Home Affairs.

There are no other changes to the 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.

The instrument repeals the Telecommunications (Interception and Access) (Communications Access Co‑ordinator) Instrument 2019.

Human rights implications

The instrument makes minor changes to update references to positions that have moved from the Department of Home Affairs to the Attorney‑General’s Department as a result of a new Administrative Arrangements Order, which commenced on 1 July 2022. The changes 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 Mark Dreyfus QC MP

Attorney-General

 

Overview

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022 was introduced to update the existing legislative framework concerning the role of the Communications Access Co-ordinator, as stipulated under the Telecommunications (Interception and Access) Act 1979. This Act establishes the Communications Access Co-ordinator as the primary point of liaison for interception agencies and telecommunications carriers and service providers regarding telecommunications interception and data retention issues. The instrument was made under subsection 6R(2) of the TIA Act by the Attorney-General, following the Administrative Arrangements Order that commenced on 1 July 2022, which transferred the administrative responsibility of most of the TIA Act to the Attorney-General's portfolio. The instrument aims to clarify and update the positions designated as Communications Access Co-ordinator, reflecting the new administrative structure while maintaining the existing roles and responsibilities. The instrument is subject to disallowance and has been reviewed for compatibility with human rights, with no issues identified.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022, made under subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979, specifies roles and positions that qualify as Communications Access Co-ordinators for the purposes of telecommunications interception and data retention issues. This instrument updates the 2019 version to reflect changes in administrative responsibilities as per the new Administrative Arrangements Order that commenced on 1 July 2022. Specifically, the instrument identifies persons who hold or perform the duties of certain positions in the National Security Policy Branch of the Integrity and International Group within the Attorney-General’s Department and in the Cyber and Infrastructure Security Centre within the Department of Home Affairs as Communications Access Co-ordinators. These specified positions are responsible for liaising between interception agencies and telecommunications carriers or service providers. The changes made by the 2022 instrument are purely technical, aimed at aligning the roles with the new administrative structure without altering the functions or powers of the Communications Access Co-ordinator. The instrument repeals the 2019 version and is subject to disallowance under the Legislation Act 2003.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022 primarily serves to update the roles and positions designated as Communications Access Co-ordinators under the Telecommunications (Interception and Access) Act 1979 (TIA Act). Specifically, section 5 of the instrument specifies that persons who hold or perform the duties of certain positions within the National Security Policy Branch of the Integrity and International Group in the Attorney-General’s Department, or within the Cyber and Infrastructure Security Centre in the Department of Home Affairs, are designated as Communications Access Co-ordinators. This update is a response to the new Administrative Arrangements Order that commenced on 1 July 2022, which shifted administrative responsibility for most of the TIA Act to the Attorney-General’s Department. The instrument also repeals the previous 2019 instrument to align with these changes. The obligations imposed by the instrument are primarily administrative and definitional. It is essential that the specified positions within the Attorney-General’s Department and the Department of Home Affairs are accurately identified and understood. The Communications Access Co-ordinators have specific duties and responsibilities under the TIA Act, which include acting as the primary point of liaison for interception agencies and telecommunications carriers and service providers in relation to telecommunications interception and data retention issues. This role requires these individuals to facilitate communication and ensure compliance with the legal requirements set out in the TIA Act. Failure to comply with the requirements outlined in the TIA Act can result in significant legal consequences. While the instrument itself does not create new offences, any breaches of the TIA Act provisions that the Communications Access Co-ordinators are responsible for enforcing could lead to penalties. Under the TIA Act, unauthorised interceptions of telecommunications can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Similarly, failure to comply with data retention requirements can also result in criminal charges, with penalties that vary depending on the seriousness of the breach. The specific penalties for these offences are detailed within the TIA Act itself and can be severe, reflecting the sensitive nature of the activities being regulated. In summary, the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022 updates the designation of Communications Access Co-ordinators to align with the new administrative arrangements. It sets out the roles and responsibilities of these coordinators in facilitating compliance with the TIA Act. While the instrument does not introduce new offences, it underscores the importance of adhering to the existing legal framework, with significant penalties for non-compliance.

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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.