Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025

Administered by Department of Home Affairs

Legislation au F2025L01361 In force Legislative Instrument

Legislation content

Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025

made under section 6R of the

Telecommunications (Interception and Access) Act 1979

Compilation No. 1

Compilation date: 17 February 2026

Includes amendments: F2026L00106

About this compilation

This compilation

This is a compilation of the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 that shows the text of the law as amended and in force on 17/02/2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

Contents

Part 1—Preliminary

1  Name

3  Authority

4  Definitions

Part 2—Communications Access Coordinator

6  Specification of classes of persons

7  Specification of functions and powers—SES Employees

8  Specification of functions and powers—certain Executive Level employees

9  Specification of functions and powers—certain APS1-6 level employees

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Part 1—Preliminary

1  Name

  This instrument is the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025.

3  Authority

  This instrument is made under section 6R of the Telecommunications (Interception and Access) Act 1979.

4  Definitions

 (1) In this instrument:

Act means the Telecommunications (Interception and Access) Act 1979.

APS1-6 means, in relation to a position, a position that is at an approved classification mentioned in any of table items 1 to 6 under subsection (2).

Criminal Justice Division means the work unit in the Department known as the Criminal Justice Division.

Department means the Department of Home Affairs.

Head of National Security means the SES3 position known by the title Head of National Security.

ICP Determination means the Interception Capability Plan Determination 2024, made under subsection 195(4) of the Act.

Identity Checks Determination means the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, made under subsection 99(1) of the Telecommunications Act.

Law Enforcement and Domestic Security Group means the work unit in the Department known as the Law Enforcement and Domestic Security Group.

Office of the Communications Access Coordinator means the work unit in the Department known as the Office of the Communications Access Coordinator.

position means a position in the Department.

Telecommunications Act means the Telecommunications Act 1997.

 (2) In this instrument, a term mentioned in an item of the following table refers to the approved classification under the Public Service Classification Rules 2000 mentioned in the same table item.

 

Item

Column 1

Term

Column 2

Approved classification

1

APS1

APS Level 1

2

APS2

APS Level 2

3

APS3

APS Level 3

4

APS4

APS Level 4

5

APS5

APS Level 5

6

APS6

APS Level 6

7

EL1

Executive Level 1

8

EL2

Executive Level 2

9

SES1

Senior Executive Band 1

10

SES2

Senior Executive Band 2

11

SES3

Senior Executive Band 3

 

Part 2—Communications Access Coordinator

6  Specification of classes of persons

  For the purposes of paragraph (b) of the definition of Communications Access Coordinator in subsection 6R(1) of the Act, a person who from time to time holds, occupies or performs the duties of any of the following positions is specified:

 (a) Head of National Security;

 (b) an SES3 position in the Law Enforcement and Domestic Security Group;

 (c) an SES1 or SES2 position in the Criminal Justice Division;

 (d) an EL2 position in the Office of the Communications Access Coordinator;

 (e) an EL1 position in the Office of the Communications Access Coordinator;

 (f) an APS1-APS6 position in the Office of the Communications Access Coordinator.

7  Specification of functions and powers—SES Employees

Powers and functions under the Act

 (1) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Act are specified:

 (a) section 183;

 (b) section 187B;

 (c) section 187F;

 (d) subsection 187G(1);

 (e) subsection 187G(2);

 (f) subsection 187G(4);

 (g) subsection 187G(6);

 (h) section 187J;

 (i) subsection 187K(1);

 (j) paragraph 187K(5)(a);

 (k) paragraph 187K(5)(b);

 (l) subsection 187K(6);

 (m) subsection 187K(7);

 (n) subsection 187K(8);

 (o) section 187L;

 (p) subsection 188(2);

 (q) paragraph 188(9)(c);

 (r) subsection 188(4);

 (s) section 192;

 (t) section 196;

 (u) section 197;

 (v) section 198;

 (w) section 202;

 (x) section 202B;

 (y) section 202C;

 (z) subsection 203(1);

 (za) subsection 203(3).

Powers and functions under the Telecommunications Act

 (2) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Telecommunications Act are specified:

 (a) section 53A;

 (b) section 56A;

 (c) section 317ZF.

Powers and functions under subordinate instruments

 (3) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following instruments are specified:

 (a) the ICP Determination;

 (b) the Identity Checks Determination.

8  Specification of functions and powers—certain Executive Level employees

Powers and functions under the Act

 (1) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Act are specified:

 (a) subsection 187G(1);

 (b) subsection 187G(2);

 (c) subsection 187G(4);

 (d) paragraph 187K(5)(a);

 (e) section 187L;

 (f) subsection 188(2);

 (g) paragraph 188(9)(c);

 (h) section 192;

 (i) section 196;

 (j) section 197;

 (k) section 198;

 (l) section 202;

 (m) section 202C;

 (n) subsection 203(3).

Powers and functions under the Telecommunications Act

 (2) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Telecommunications Act are specified:

 (a) section 53A;

 (b) section 317ZF.

9  Specification of functions and powers—certain APS1-6 level employees

Powers and functions under the Act

 (1) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Act are specified:

 (a) subsection 187G(1);

 (b) paragraph 187K(5)(a);

 (c) section 187L;

 (d) subsection 188(2);

 (e) paragraph 188(9)(c);

 (f) section 202;

 (g) section 202C;

 (h) subsection 203(3).

Powers and functions under the Telecommunications Act

 (2) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Telecommunications Act are specified:

 (a) section 53A;

 (b) section 317ZF.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025

5 November 2025

F2025L01361

6 November 2025 (s 2)

 

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

16 February 2026

F2026L00106

The whole of the instrument: the day after this instrument is registered.

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 5

rep LA s 48C

s 6

am F2026L00106

para 7(2)(a)

am F2026L00106

para 7(2)(b)

am F2026L00106

para 7(2)(c)

am F2026L00106

sch 1

rep LA s 48C

 

Overview

The Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 was enacted to further specify the roles and responsibilities of the Communications Access Coordinator under the Telecommunications (Interception and Access) Act 1979. This legislative instrument was made under section 6R of the Act and was registered on 5 November 2025. The instrument aims to clarify the functions and powers assigned to various specified positions within the Department of Home Affairs, ensuring that the framework for intercepting and accessing telecommunications aligns with legislative requirements and policy objectives. The instrument was enacted by the Parliament of Australia and its objective is to provide a structured approach to the oversight and management of telecommunications interception and access activities within the department.

Scope and Application

The Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 applies to specific classes of persons within the Department of Home Affairs, including high-ranking officials such as the Head of National Security and various Executive Service (SES) and Australian Public Service (APS) employees within specified work units. These individuals are designated as Communications Access Coordinators under the Telecommunications (Interception and Access) Act 1979. The instrument specifies the functions and powers these coordinators can exercise under the Act and the Telecommunications Act 1997, as well as under subordinate instruments like the Interception Capability Plan Determination 2024 and the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017. This legislative instrument has a national reach, being made under the authority of the Commonwealth of Australia, and it does not specify any exclusions or exemptions. The instrument came into force on 6 November 2025, following its registration on 5 November 2025, with subsequent amendments made on 16 February 2026. The instrument operates as modified by other laws, although these modifications do not alter the text of the compiled law. Uncommenced amendments and repealed provisions are detailed in the endnotes.

Key Provisions

The Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025 specifies classes of persons who are considered Communications Access Coordinators under section 6R of the Telecommunications (Interception and Access) Act 1979 (the Act) and outlines the functions and powers these coordinators possess. Section 6 of the instrument identifies specific positions within the Department of Home Affairs that qualify as Communications Access Coordinators, including the Head of National Security, SES3 positions in the Law Enforcement and Domestic Security Group, and SES1 or SES2 positions in the Criminal Justice Division. Additionally, certain Executive Level (EL) and Australian Public Service (APS) level employees within the Office of the Communications Access Coordinator are also specified. The obligations and requirements imposed by this instrument mandate that the specified Communications Access Coordinators exercise their functions and powers in accordance with the Act, the Telecommunications Act 1997, and subordinate instruments such as the Interception Capability Plan Determination 2024 and the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017. For instance, SES Employees (sections 7 and 8) and certain APS level employees (section 9) have defined functions and powers under various sections of the Act and the Telecommunications Act, as well as under the specified subordinate instruments. Failure to comply with the provisions of this instrument can lead to civil or criminal consequences. While the specific penalties are not detailed in the instrument, breaches of the Telecommunications (Interception and Access) Act 1979 generally carry substantial penalties. For example, unauthorised interception of telecommunications can result in criminal penalties, including fines and imprisonment. Furthermore, officers of the Department of Home Affairs, including those specified as Communications Access Coordinators, may face disciplinary actions, including termination of employment, for breaches of their duties under the Act. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with applicable laws and departmental policies.

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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.