EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016
The Telecommunications (Interception and Access) Act 1979 (the Act) establishes the position of a Communications Access Co-ordinator as the primary point of liaison for interception agencies, telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues.
Section 6R provides that the Communications Access Co-ordinator is the Secretary of the Attorney-General’s Department or another person as specified in writing by the Attorney‑General.
On 12 March 2009, the Attorney‑General made the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2009 to specify the person holding or acting in the position of First Assistant Secretary, National Security Law and Policy Division as the Communications Access Co‑ordinator.
The National Security Law and Policy Division of the Attorney-General’s Department will no longer exist as of 1 March 2016. Accordingly, the Attorney‑General has made the Telecommunications (Interception and Access) (Communications Access Co‑ordinator) Specification 2016 (the new Specification) to specify the person holding or acting in the position of First Assistant Secretary, National Security Division as the Communications Access Co‑ordinator.
From 1 March 2016, the National Security Division of the Attorney-General’s Department will be responsible for the administration of the Act. As such, the First Assistant Secretary of that Division will be well-positioned to perform the duties of the office of the Communications Access Co‑ordinator. The new Specification maintains the Co‑ordinator at a Senior Executive Service Band 2 employee. Having the Co‑ordinator role performed by an officer at this level has proven to work efficiently with stakeholders, including interception agencies, members of the telecommunications industry and other government agencies.
As the new Specification maintains the same Senior Executive Service level for the position specified in the Instrument, and as the effect of this instrument is limited to the internal workings of the Attorney-General’s Department, consultation was not considered necessary.
The new Specification is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The new Specification commences on 1 March 2016 or registration, whichever is later. Providing alternative commencement dates ensures that if the new Specification is registered later than 1 March 2016, decisions that the Co-ordinator makes will be consistent with section 12 of the Legislative Instruments Act 2003.
The new Specification cannot commence earlier than 1 March 2016 because this date is when the National Security Division will come into existence.
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) Specification 2016
This 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 Legislative Instrument
The Telecommunications (Interception and Access) Act 1979 (the Act) establishes that the Communications Access Co-ordinator as the primary point of liaison for interception agencies, telecommunications carriers and carriage service providers in relation to telecommunications interception and data retention issues.
The Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016 (the new Specification) is made under section 6R of the Act, which provides that the Communications Access Co-ordinator is the Secretary of the Attorney-General’s Department or another person as specified in writing by the Attorney‑General.
The new Specification specifies the person holding or acting in the position of First Assistant Secretary, National Security Division, Attorney-General’s Department, as the Communications Access Co‑ordinator. This is to give effect to a recent Department restructure which places responsibility for the Act under the National Security Division of the Attorney-General’s Department. The instrument does not affect the functions of the Coordinator, which are governed by the primary legislation.
Human rights implications
The Specification is not considered to engage any of the applicable rights or freedoms and does not raise any human rights issues.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.