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 - Revocation 2017
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 of the Act 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.
Effective 1 March 2016, the Attorney‑General specified (in the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016) the person holding or acting in the position of First Assistant Secretary, National Security Division, in the Attorney-General’s Department as the Communications Access Co‑ordinator.
As of 1 March 2017, the National Security Division of the Attorney-General’s Department, and the position of First Assistant Secretary, National Security Division, ceased to exist. As the 2016 Specification referenced a position that no longer existed, that Specification was of no effect. As a result, on 1 March 2017, under section 6R(1)(a) of the Act the statutory position of the CAC reverted to the Secretary.
For reasons of operational flexibility and efficiency it is considered preferable and appropriate for the Secretary to retain the Communications Access Co-ordinator position. Therefore, to ensure clarity and avoid any confusion around who holds this position, this Specification revokes the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016.
As the revocation of the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016 is consistent with the default operation of section 6R of the Act, no external consultation has occurred.
The new Specification is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Cth) The new Specification commences retrospectively on 1 March 2017, consistent with section 12(3) of the Legislation Act 2003 (Cth).
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 2017
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 TIA Act) establishes the Communications Access Co-ordinator (CAC) 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 - Revocation 2017 (the new Specification) is made under section 6R of the TIA Act, which provides that the CAC is the Secretary of the Attorney-General’s Department or another person as specified in writing by the Attorney‑General.
The new Specification revokes the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Specification 2016 which had specified a certain position within the Department as the CAC but which became of no effect following the Departmental restructure on 1 March 2017. As a result, on this date the CAC position reverted to the Secretary. The revocation will clarify that the position of the CAC is the Secretary of the Attorney-General’s Department.
This Legislative Instrument does not affect the functions of the CAC, which are governed by the primary legislation.
Human rights implications
The new 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.