EXPLANATORY STATEMENT
Issued by authority of the Minister for Home Affairs
Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026
Legislative authority
The Telecommunications (Interception and Access) Act 1979 (the TIA Act) prohibits the interception of telecommunications except where specially authorised for the purposes of the investigation of serious offences and for security purposes.
The TIA Act establishes the position of Communications Access Coordinator (CAC) 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.
Under section 6R of the TIA Act, a CAC is the Secretary of the Department or a person or body specified by the Minister in a legislative instrument under that section. Under subsection 6R(2), a legislative instrument may specify one or more persons or bodies, or one or more classes of persons or bodies, as a CAC.
Purpose
The Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 (the principal instrument) is made under section 6R of the TIA Act. It specifies classes of persons in the Department of Home Affairs as CAC and the functions and powers of those classes of persons under specified provisions of the TIA Act.
The Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026 (the amending instrument) amends the principal instrument to make minor technical drafting amendments, including correcting a typographical error in a reference to subsection 6R(1) of the Act in section 6 of the principal instrument.
Details and operation
The amending instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
The amending instrument commences on the day after it is registered on the Federal Register of Legislation. Further details of the instrument are set out in Attachment A.
The amending instrument is subject to disallowance under section 42 of the Legislation Act. A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011 and is set out in Attachment B.
Consultation
No external consultation was undertaken. The amending instrument is machinery in nature, clarifying drafting and revising a reference to a provision of the TIA Act. It does not alter or otherwise affect the substantive operation of the principal instrument.
Attachment A
Details of the Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026
Section 1 – Name
Section 1 provides that the title of the instrument is the Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026.
Section 2 – Commencement
Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 provides that the instrument is made under section 6R of the Telecommunications (Interception and Access) Act 1979 (TIA Act).
Section 4 – Schedules
Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repeal as set out in the applicable items in the Schedule concerned. Any other item in a Schedule to this instrument has effect according to its terms.
Together with section 4, Schedule 1 to the instrument operates to amend the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 (the principal instrument).
Schedule 1 – Amendments
Item 1 – Section 6 (heading)
Item 1 makes a technical drafting amendment to the heading of section 6 of the principal instrument. The expression “classes of persons” would not typically be capitalised in a section title. This amendment ensures the section title aligns with standard drafting practice and is consistent with the format of other section titles in the instrument.
Item 2 – Section 6
Item 2 makes a technical amendment to section 6 of the principal instrument, clarifying that the reference to the term “Communications Access Coordinator” is a reference to that term as defined in section 6R of the TIA Act, and with particular reference to subsection 6R(1). Section 5 of the TIA Act relevantly provides that the term “Communications Access Coordinator” has the meaning given by section 6R of the Act.
Items 3-5 – Section 7
These items amend paragraphs 7(2)(a), (b) and (c) to insert the term “section” before the references to sections 53A, 56A and 317ZF of the Telecommunications Act 1997.
Attachment B
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 Coordinator) Amendment Instrument 2026
This 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
The Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026 (the instrument) is made under section 6R of the Telecommunications (Interception and Access) Act 1979 (the TIA Act).
Under section 6R of the TIA Act, the Communications Access Coordinator (CAC) is the Secretary of the Department or a person or body specified by the Minister in a legislative instrument under that section. Under subsection 6R(2), a legislative instrument may specify one or more persons or bodies, or one or more classes of persons or bodies as a CAC.
The Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 (the principal instrument) is a legislative instrument made under section 6R of the TIA Act. It specifies classes of persons in the Department of Home Affairs as CAC and also specifies the functions and powers of those classes of persons.
This instrument amends the principal instrument to make minor technical drafting amendments, including correcting a typographical error in a reference to subsection 6R(1) of the TIA Act in section 6 of the principal instrument.
The instrument is technical in nature and does not affect the overall powers or functions of a CAC, which are governed by the TIA Act and the Telecommunications Act 1997.
Human rights implications
As this disallowable instrument is of a minor and technical nature, it 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 Tony Burke MP
Minister for Home Affairs