Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2007

Overview

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2007 was enacted to provide clarity on the role and responsibilities of the Communications Access Co-ordinator under the Telecommunications (Interception and Access) Act 1979. This legislation was introduced by the Attorney-General to address the need for a specific individual to act in the role of Communications Access Co-ordinator, replacing the previous role of Agency Co-ordinator. The role is critical in managing the interaction between telecommunications interception agencies and service providers, ensuring compliance with statutory requirements and facilitating national security considerations in carrier licensing. The specification designates the First Assistant Secretary, Security and Critical Infrastructure Division, as the Communications Access Co-ordinator, recognising the necessity for this individual to have direct access and the ability to handle the position effectively. This appointment is intended to streamline communication and coordination between the various stakeholders involved in telecommunications interception.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2007 applies to the person holding or acting in the position of First Assistant Secretary, Security and Critical Infrastructure Division, who is specified as the Communications Access Co-ordinator under the Telecommunications (Interception and Access) Act 1979. This role, established under Section 6R of the Act, replaces the former role of Agency Co-ordinator under the Telecommunications Act 1997. The Communications Access Co-ordinator serves as the primary liaison between interception agencies and telecommunications carriers and carriage service providers concerning telecommunications interception issues. This encompasses various statutory functions, including the consideration of interception capability plans and the potential granting of exemptions to carriers and service providers from their obligations to provide interception capability. The Co-ordinator also works closely with the Australian Communications and Media Authority in relation to the granting of carrier licences, ensuring that national security implications are thoroughly assessed before a licence is granted. The Specification is applicable nationally and is a legislative instrument under the Legislative Instruments Act 2003, commencing from the commencement of Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2007.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2007 (the Specification) outlines the appointment of the Communications Access Co-ordinator under section 6R of the Telecommunications (Interception and Access) Act 1979 (the Act). According to the Specification, the Communications Access Co-ordinator is designated as the Secretary of the Attorney-General’s Department, or another person specified in writing by the Attorney-General. This role replaces the previous role of the Agency Co-ordinator established by section 7A of the Telecommunications Act 1997. The Office of the Communications Access Co-ordinator serves as the primary liaison between interception agencies and telecommunications carriers and service providers (C/CSPs) regarding telecommunications interception issues. Among its statutory functions, the Co-ordinator considers interception capability plans under section 198 of the Act and may grant exemptions to C/CSPs from their obligations to provide interception capability under section 192. Additionally, the Co-ordinator collaborates closely with the Australian Communications and Media Authority (ACMA) in the process of granting carrier licences. The ACMA is required to consult with the Communications Access Co-ordinator about licence applications, who will in turn consult with relevant agencies concerning any national security implications associated with the licence. The Act imposes several obligations on the Communications Access Co-ordinator. One primary obligation is to consult with the relevant agencies and ACMA concerning national security implications when considering interception capability plans and granting exemptions. The Co-ordinator also needs to ensure that the statutory timeframes for responding to correspondence and other communications are met efficiently, given the hands-on approach required by the role. Furthermore, the Co-ordinator must chair officer-level forums and maintain effective liaison between agencies and industry, which necessitates a proactive and accessible presence. Failure to comply with the obligations outlined in the Act may lead to various consequences. While the Specification does not explicitly detail offences or penalties, breaches of the statutory requirements could potentially lead to legal challenges or administrative actions. The precise consequences for non-compliance would depend on the nature and severity of the breach, but could include remedial actions, fines, or other penalties as determined by relevant authorities. The Act’s overarching objective is to ensure that the interception capabilities and processes are managed in a manner that balances national security needs with the rights and obligations of C/CSPs.