Telecommunications (Interception) Regulations

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1980 No. 329

REGULATIONS UNDER THE TELECOMMUNICATIONS (INTERCEPTION) ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Telecommunications (Interception) Act 1979.

Dated this twenty-ninth day of October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

P. DURACK

Attorney-General

 

Telecommunications (Interception) Regulations

Citation

 1. These Regulations may be cited as the Telecommunications (Interception) Regulations.

Interpretation

 2.  In these Regulations “the Act” means the Telecommunications (Interception) Act 1979.

Warrants

 3. (1) The form of warrant for the purposes of section 20 of the Act is the form in Schedule 1.

 (2) The form of warrant for the purposes of section 21 of the Act is the form in Schedule 2.

 

 Schedule 1 Sub-regulation 3 (1)

COMMONWEALTH OF AUSTRALIA

Telecommunications (Interception) Act 1979

WARRANT UNDER SECTION 20

TO: Persons approved under section 22 of the Telecommunications (Interception) Act 1979 in respect of this warrant.

 WHEREAS application has been made to me by    (full name and rank, if any, of applicant for warrant)                                          , a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, for the issue of a warrant under section 20 of that Act in respect of the following telecommunications service as defined in sub-section 5 (1) of that Act, namely                                                                      (here state location in Australia and description of service)

   :

 AND WHEREAS I,    (full name)  , a Judge of the                 Court of                                                                                                                              ,

*in respect of whom an appropriate arrangement in force under section 19 of that Act is applicable,

am satisfied, by information on oath, that —

 (a) there are reasonable grounds for suspecting that that telecommunications service is being, or is likely to be, used by a person who

  *has committed

  *is suspected on reasonable grounds of having committed

  *suspected on reasonable grounds of being likely to commit

  a narcotics offence within the meaning of that Act; and

 (b) the interception by members of the Australian Federal Police within the meaning of that Act of communications made to or from that telecommunications service will, or is likely to, assist such members in, or in connection with, inquiries that are being made in relation to

  *such a narcotics offence that that person has committed

  *a narcotics offence that that person is reasonably suspected of having committed

  *the likely commission, by that person, of such a narcotics offence:

 I HEREBY AUTHORIZE you to intercept communications that are being made to or from that service

*subject to the following conditions or restrictions:

  (here insert any conditions or restrictions that Judge sees fit to specify)   :

 *AND I HEREBY AUTHORIZE you to enter on the following premises, namely    (description of premises)                                           during the hours of                                                        (or at any time of the day or night), for the purposes of installing, maintaining, using or recovering any equipment used to intercept such communications

*without permission first being sought or demand first being made:

*and I hereby authorize the following measures that I am satisfied are necessary for that purpose:

  (here specify measures authorized to be taken)       :

 AND this warrant shall remain in force for the period of    commencing on the                                          day of                                          19              .

 Dated this   day of   19 .

Judge

*Omit if inapplicable.

__________

 Schedule 2 Sub-regulation 3 (2)

COMMONWEALTH OF AUSTRALIA

Telecommunications (Interception) Act 1979

WARRANT UNDER SECTION 21

TO: The Australian Telecommunications Commission.

 WHEREAS application has been made to me by    (full name and rank, if any, of applicant for warrant)                                                        , a member of the Australian Federal Police within the meaning of the Telecommunications (Interception) Act 1979, for the issue of a warrant under section 21 of that Act in relation to the following person, namely                             (specify name of person and, if known, the address and occupation of that person)                            :

 AND WHEREAS I,   (full name)   , a Judge of the Court of                                                                                                                                                            ,

*in respect of whom an appropriate arrangement in force under section 19 of that Act is applicable, am satisfied, by information on oath, that —

 (a)   (full name of person)

  *has committed

  *is suspected on reasonable grounds of having committed

  *is suspected on reasonable grounds of being likely to commit

  a narcotics offence; and

 (b) access by members of the Australian Federal Police, within the meaning of that Act, to telegrams that are, within the meaning of sub-section 21 (8) of that Act, lodged by or on behalf of, or addressed to or intended to be received by, the last mentioned person will, or is likely to, assist such members in or in connection with inquiries

  *that are being made in relation to such a narcotics offence that that person has committed

  *that are being made in relation to such a narcotics offence that that person is reasonably suspected of having committed

  *in relation to the likely commission, by that person, of such a narcotics offence:

 I HEREBY AUTHORIZE the Australian Telecommunications Commission —

 (a) to inspect and make copies of such telegrams —

 (i) lodged by, or on behalf of,  (full name of person)  at                                                          in Australia; or

 (ii) addressed to, or intended to be received by,  (full name of person)                                                          at                                          in Australia; and

 (b) to furnish the copies of those telegrams to the Commissioner of Police within the within the meaning of that Act:

 AND this warrant shall remain in force for the period of     commencing on the                                          day of                                          19              .

 Dated this   day of   19 .

Judge

*Omit if inapplicable.

Note

1. Notified in the Commonwealth of Australia Gazette on 5 November 1980.

Overview

The Telecommunications (Interception) Regulations were made in 1980 under the authority of the Telecommunications (Interception) Act 1979, which was enacted to provide a legal framework for the interception of telecommunications for the purposes of enforcing Australian criminal law, particularly in relation to serious offences such as narcotics-related crimes. These regulations were established by the Governor-General, acting on the advice of the Federal Executive Council, to provide the detailed procedures and forms necessary to implement the Act effectively. The policy objective behind these regulations is to ensure that any interception of telecommunications is authorised by a warrant issued by a judge or magistrate, thereby safeguarding individual privacy rights while enabling law enforcement agencies to carry out their duties efficiently.

Scope and Application

The Telecommunications (Interception) Regulations 1980, made under the Telecommunications (Interception) Act 1979, establish the procedures and legal framework for the issuance and execution of warrants related to the interception of telecommunications and telegrams in the context of narcotics offences. These regulations apply to authorised officers of the Australian Federal Police and the Australian Telecommunications Commission, and their operation is confined to activities within Australia. The warrants prescribed by the regulations are used to authorise the interception of telecommunications services and the inspection of telegrams where there are reasonable grounds to suspect involvement in narcotics offences. The forms and conditions of these warrants are detailed in Schedules 1 and 2, which outline the specific circumstances and limitations under which these actions can be legally executed. The regulations also provide for the duration and specific conditions of the warrants, ensuring they are subject to judicial oversight and limited in scope to prevent unwarranted intrusions into personal communications.

Key Provisions

The Telecommunications (Interception) Regulations, under the Telecommunications (Interception) Act 1979, establish the procedures and requirements for issuing warrants related to telecommunications interception, particularly in the context of narcotics offences. Regulation 3 outlines the specific forms of warrants: Regulation 3(1) specifies the form of warrant for the interception of communications under section 20 of the Act, while Regulation 3(2) details the form of warrant for accessing telegrams under section 21 of the Act. Both forms are detailed in the schedules attached to the Regulations. These Regulations impose several obligations on the parties involved. For instance, the issuance of a warrant under section 20 requires a member of the Australian Federal Police to apply to a Judge, who must be satisfied, on information on oath, that there are reasonable grounds for suspecting the use of telecommunications services in relation to a narcotics offence. Similarly, for warrants under section 21, a Judge must be convinced, again on oath, that access to telegrams will assist in inquiries concerning a narcotics offence. These warrants must be meticulously drafted and comply with the forms prescribed in Schedules 1 and 2, respectively. Breaches of the provisions contained within these Regulations can lead to significant legal consequences. The Act itself outlines the penalties for unauthorized interception of telecommunications, which can include fines and imprisonment. For example, under the Telecommunications (Interception) Act 1979, individuals found guilty of intercepting communications without proper authorization may face substantial penalties. The exact penalties for breaches of the Regulations are not explicitly detailed within the provided text, but they would typically align with the corresponding sections of the Act, which can include fines and imprisonment terms commensurate with the severity of the offence.

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