Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026

Administered by Department of Home Affairs

Legislation au F2026L00106 Not in force Legislative Instrument

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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

Overview

The Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026 was enacted to amend the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025, which itself was made under section 6R of the Telecommunications (Interception and Access) Act 1979. The primary purpose of this amendment is to correct technical drafting errors and ensure consistency in the referencing of certain sections within the principal instrument, without altering the substantive functions and powers of the Communications Access Coordinator (CAC). The Act was introduced by the Parliament of Australia to address the need for a regulated framework governing the interception of telecommunications, particularly for serious offences and security purposes, while also establishing the CAC role to facilitate liaison between interception agencies and telecommunications providers. The policy objective is to maintain a balance between the need for effective law enforcement and the protection of privacy rights. The enacting body for this amendment is the Minister for Home Affairs, who exercises authority under section 6R of the TIA Act. The instrument is designed to be technical in nature, ensuring the proper functioning and clarity of the legislative framework without impacting the broader legal and operational mandates established by the TIA Act and the Telecommunications Act 1997. Additionally, a Statement of Compatibility with Human Rights has been prepared to affirm that the instrument does not engage with any human rights issues, thereby maintaining its alignment with the international human rights standards.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026 applies to the classes of persons within the Department of Home Affairs who have been designated as Communications Access Coordinators (CAC) under the Telecommunications (Interception and Access) Act 1979 (TIA Act). This instrument amends the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 to make minor technical drafting amendments, including correcting a typographical error. The amendment does not extend or restrict the substantive application of the principal instrument but rather ensures that the legislative instrument is internally consistent and aligned with standard drafting practices. The instrument is subject to disallowance and has been assessed for compatibility with human rights, concluding that it does not engage any human rights issues. This legislative instrument operates nationally across Australia, providing a framework for the coordination of telecommunications interception and access issues within the specified departments and entities.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Coordinator) Amendment Instrument 2026 (the amending instrument) amends the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 (the principal instrument). This amending instrument is a legislative instrument for the purposes of the Legislation Act 2003, made under section 6R of the Telecommunications (Interception and Access) Act 1979 (TIA Act) and commences on the day after it is registered on the Federal Register of Legislation. The purpose of this amending instrument is 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 amending instrument specifies classes of persons in the Department of Home Affairs as the Communications Access Coordinator (CAC) and details the functions and powers of these classes of persons under specified provisions of the TIA Act. The principal instrument already specifies these classes and details their functions and powers, and the amendments made by this instrument are purely technical, ensuring consistency and accuracy in the referencing of relevant sections of the TIA Act and the Telecommunications Act 1997. Obligations and requirements imposed by the Act include the role of the CAC as the primary point of liaison for interception agencies and telecommunications carriers and service providers regarding telecommunications interception and data retention issues. The CAC ensures compliance with the TIA Act and facilitates lawful and authorised interceptions and access to communications data. The obligations of the CAC include managing and coordinating requests for interception and access, ensuring they comply with the Act's requirements, and overseeing the interception process to prevent unlawful activities. The amending instrument does not introduce new obligations or requirements beyond those already established in the TIA Act and the principal instrument. It simply clarifies and corrects existing references, ensuring the legislative framework remains accurate and effective. In terms of penalties and consequences for breaches, the TIA Act itself provides for a range of offences and penalties for unauthorised interception and access to telecommunications. Offences under the TIA Act can include the unauthorised interception of telecommunications, unauthorised access to telecommunications data, and the misuse of intercepted telecommunications or data. Penalties for these offences can include substantial fines and imprisonment terms, with the exact penalties varying based on the nature and severity of the offence. For example, unauthorised interception of telecommunications can result in a penalty of up to $222,000 for individuals and $1,110,000 for bodies corporate, along with imprisonment terms of up to five years for individuals and ten years for bodies corporate. These penalties underscore the seriousness with which the Act treats unauthorised interception and access, aiming to deter unlawful activities and protect privacy and security.

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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.