Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011
No. 4, 2011
An Act to amend the law relating to telecommunications interception and access, and intelligence services, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Exercise of warrant powers
Telecommunications (Interception and Access) Act 1979
Schedule 2—Requirement to inform of proposed changes
Telecommunications (Interception and Access) Act 1979
Schedule 3—Disclosure of telecommunications data relating to missing persons
Telecommunications (Interception and Access) Act 1979
Schedule 4—Stored communications warrants in relation to victims of serious contraventions
Telecommunications (Interception and Access) Act 1979
Schedule 5—Notifying Managing Directors of warrants
Telecommunications (Interception and Access) Act 1979
Schedule 6—Co‑operation, assistance and communication between intelligence agencies
Australian Security Intelligence Organisation Act 1979
Intelligence Services Act 2001
Telecommunications (Interception and Access) Act 1979
Schedule 7—Amendments to section 5 of the Telecommunications (Interception and Access) Act 1979
Telecommunications (Interception and Access) Act 1979
Schedule 8—Membership of Parliamentary Joint Committee on Intelligence and Security
Intelligence Services Act 2001
Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011
No. 4, 2011
An Act to amend the law relating to telecommunications interception and access, and intelligence services, and for related purposes
[Assented to 22 March 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Exercise of warrant powers
Telecommunications (Interception and Access) Act 1979
1 Paragraph 52(1)(a)
Omit “forthwith”, substitute “immediately”.
2 Subsection 52(2)
Omit “cause a copy of the instrument of revocation to be given as soon as practicable”, substitute “, as soon as practicable, give a copy of the instrument of revocation”.
3 Subsection 52(3)
Repeal the subsection, substitute:
(3) If:
(a) a warrant has been issued to an agency; and
(b) another agency or the Organisation is exercising authority under that warrant (see section 55); and
(c) the warrant is revoked under subsection (1);
the chief officer of the agency to which the warrant was issued must:
(d) immediately inform the chief officer of the other agency or the Director‑General of Security (as the case requires) of the revocation; and
(e) give a copy of the instrument of revocation to the person referred to in paragraph (d) as soon as practicable.
4 Subsection 55(1)
Omit “an officer or staff member of an agency”, substitute “a person”.
5 Subsection 55(3)
Repeal the subsection, substitute:
(3) The chief officer of an agency, or an officer of an agency in relation to whom an appointment under subsection (4) is in force, may approve any of the following persons to exercise the authority conferred by…
Overview
The Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011, enacted by the Parliament of Australia, was designed to amend the law relating to telecommunications interception and access, and intelligence services, aiming to address certain gaps and update existing provisions. This legislation introduced amendments to the Telecommunications (Interception and Access) Act 1979, the Australian Security Intelligence Organisation Act 1979, and the Intelligence Services Act 2001. Key changes include the modification of warrant procedures, clarification of information disclosure requirements, and the introduction of provisions for handling missing persons' telecommunications data and stored communications warrants in relation to victims of serious contraventions. Additionally, it introduced requirements for carriers and nominated carriage service providers to notify relevant authorities of proposed changes to telecommunications services or systems that may affect their ability to comply with legal obligations. The Act also aimed to facilitate better cooperation and communication between intelligence agencies and law enforcement bodies, ensuring that information sharing and assistance are conducted within the bounds of the law and with appropriate oversight.
Scope and Application
The Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011 amends the law relating to telecommunications interception and access, and intelligence services. The Act applies to agencies authorised under the Telecommunications (Interception and Access) Act 1979 and the Australian Security Intelligence Organisation Act 1979, and to certain persons and bodies that are approved to exercise the authority conferred by warrants issued to these agencies. The Act also applies to the Australian Security Intelligence Organisation and other intelligence agencies. The amendments made by the Act extend to the exercise of warrant powers, the requirement to inform of proposed changes, the disclosure of telecommunications data relating to missing persons, stored communications warrants in relation to victims of serious contraventions, notifying managing directors of warrants, and co-operation, assistance, and communication between intelligence agencies. The Act applies to warrants issued before and after it commences, and to changes proposed after it commences. The Act does not apply to information obtained by persons assisting the Organisation in the performance of its functions, who are not officers or employees of the Organisation, unless the information has been communicated to the Director-General of Security. The Act is subject to subordinate instruments that may extend or restrict its application.
Key Provisions
- The Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011 amends the Telecommunications (Interception and Access) Act 1979 and the Australian Security Intelligence Organisation Act 1979, among other things. The Act makes several changes to the process and requirements for telecommunications interception and intelligence services. For example, it requires that certain information be communicated to the Director-General of Security, and it changes the definition of "enforcement agency" to include police forces of the states and territories. The Act also introduces new requirements for carriers and service providers to notify the Communications Access Coordinator of proposed changes to their telecommunications services or systems that may affect their ability to comply with their obligations under the Act or the Telecommunications Act 1997.
- The Act imposes several obligations on the parties it governs. For example, carriers and service providers must notify the Communications Access Coordinator of any proposed changes to their services or systems that may affect their ability to comply with their obligations under the Act or the Telecommunications Act 1997. The Director-General of Security must be communicated certain information, such as the number of authorisations made under a particular section of the Act. The Act also imposes obligations on the Australian Security Intelligence Organisation and other agencies to co-operate and assist each other in the performance of their functions.
- Breach of the provisions of the Act may result in civil or criminal penalties. For example, unauthorised interception of telecommunications may result in a fine of up to $22,200 for an individual and $111,000 for a body corporate, as well as imprisonment for up to two years for an individual and five years for a body corporate. Other offences and penalties are set out in the Telecommunications (Interception and Access) Act 1979 and the Australian Security Intelligence Organisation Act 1979.
- Area of Law
- Administrative Law
- Intelligence Services
- Privacy Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Delegated & Subordinate Legislation
- Enforcement Powers
- Licensing & Registration
- Prohibited Conduct
- Reporting & Disclosure Obligations