telecommunications-interception-amendment-act-2006.pdf, p.8
1 Subsection 5(1)
Defines the concept of stored communication
telecommunications-interception-amendment-act-2006.pdf, p.14
10 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.49
Replace outdated telecommunications interception legislation with updated Act.
10 Paragraph (d) of Schedule 1
Imposes a duty on the legislative body to update the Act.
A person must provide written notice of an intention to perform an act.
10(1A) Telecommunications (Interception) Amendment Act 2006
Exemptions from interception warrants for certain employees and officials.
10(2) Telecommunications (Interception) Amendment Act 2006
Obligation to exempt certain employees and officials from interception warrants.
Access to a stored communication is under an interception warrant if the warrant would have authorised interception of the communication.
10(3) Telecommunications (Interception) Amendment Act 2006
Access to a stored communication is under an interception warrant during the time the communication was being transmitted.
Temporal relation between intercepted and stored communications
The warrant would have authorised interception of the communication if it were still passing over a telecommunications system.
Conditional access to a stored communication based on warrant authorisation
Access to a stored communication is under an interception warrant.
The warrant would have authorised interception of the communication.
Conditional diffusion of access to a stored communication
Court must consider regulations when determining reasonableness of actions.
10(4) Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.62
100 Section 63AA
Omit 'designated warrant information' and substitute 'interception warrant information'.
101 Section 63AA
telecommunications-interception-amendment-act-2006.pdf, p.63
Omit 'designated warrant information', substitute 'interception warrant information'.
102 Subsections 63B(3) and (4)
Omit 'lawfully obtained information', substitute 'lawfully intercepted information'.
103 Paragraph 64(1)(a)
Repeal paragraph and substitute with new provision.
104 Paragraph 64(1)(b)
Repeal paragraphs and substitute with new provisions.
105 Paragraphs 65(1)(a) and (b)
106 Paragraph 65A(a)
Repeal paragraph, substitute with new provision
107 Paragraph 65A(b)
telecommunications-interception-amendment-act-2006.pdf, p.13
Accessing or authorizing access to stored communications is prohibited.
108 Stored communications not to be accessed
108 Paragraph 67(1)(a)
Prohibits accessing or authorizing access to stored communications.
telecommunications-interception-amendment-act-2006.pdf, p.16
Authorizing interception of communications
109 Access to stored communications under Part 2-2 warrants
109 Paragraph 67(1)(b)
Omit section 63 of the Telecommunications (Interception) Act 1979 and substitute sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979.
11 Subsection 19A(5)
Imposes a duty on the legislative body to omit section 63 and substitute sections 63 and 133.
110 Enforcement agencies may apply for stored communications
110 Paragraph 67(2)(a)
Enforcement agency may apply for stored communications warrant.
110(1) Enforcement agencies may apply for stored communications
Application must be made on behalf of the agency by a person or officer
110(2) Enforcement agencies may apply for stored communications
Application must be made on behalf of the agency
Agency officer may nominate an office for management purposes
110(3) Enforcement agencies may apply for stored communications
Enforcement agencies may apply for stored communications
110(4) Enforcement agencies may apply for stored communications
telecommunications-interception-amendment-act-2006.pdf, p.17
111 Form of applications
111 Paragraph 67(2)(b)
111(1) Form of applications
Telephone application permitted under urgent circumstances
111(2) Form of applications
Authorises persons to make applications on behalf of the agency.
111(3) Form of applications
Persons are entitled to make applications.
Application must provide agency name and applicant's name.
112 Contents of written applications
telecommunications-interception-amendment-act-2006.pdf, p.64
112 Section 68
113 Affidavits to accompany written applications
113 Section 68
Application must be accompanied by an affidavit.
113(1) Affidavits to accompany written applications
Affidavits must set out facts and grounds for application
113(2) Affidavits to accompany written applications
Affidavits may be submitted in addition to the required affidavit.
113(3) Affidavits to accompany written applications
Affidavits are required for written applications
Must provide information on telephone applications
114 Information to be given on telephone applications
114 Subsection 74(1)
telecommunications-interception-amendment-act-2006.pdf, p.18
115 Giving further information to Judge
115 Subsections 74(3), 76(2) and 76A(2)
Issuing authority may require further information.
115(1) Giving further information to Judge
Must provide further information on oath or orally as directed.
115(2) Giving further information to Judge
116 Issuing of stored communications warrants
116 Subsection 77(3)
Issuing authority must issue a stored communications warrant if certain conditions are met.
116(1) Issuing of stored communications warrants
Issuing authority has an obligation to issue a stored communications warrant if certain conditions are met.
Authority must consider privacy impact and investigation methods when issuing stored communications warrants.
116(2) Issuing of stored communications warrants
The authority's consideration overlaps with existing investigation methods.
The authority's consideration overlaps with investigation methods used by or available to the agency.
(2) The matters to which the issuing authority must have regard...
The authority must consider the specified factors.
Authority has an obligation to consider privacy impact and investigation methods.
The authority must consider the potential prejudice.
Authority has an obligation to consider the prejudice of using stored communications warrants.
The authority must consider the potential impact.
Authority has an obligation to consider the impact on investigation by using stored communications warrants.
Warrant may be issued in relation to investigation of more than one serious contravention.
116(3) Issuing of stored communications warrants
telecommunications-interception-amendment-act-2006.pdf, p.19
Authorises access to stored communication under specified conditions.
117 What stored communications warrants authorise
Substitute 'interception warrant information' for 'designated warrant information'
117 Subsections 77(3) and (4)
telecommunications-interception-amendment-act-2006.pdf, p.20
118 Form and content of stored communications warrants
Repeal heading and substitute with new text.
118 Part VIII (heading)
Stored communications warrant must be signed by issuing authority
118(1) Form and content of stored communications warrants
Conditions or restrictions for accessing stored communications under the warrant.
118(2) Form and content of stored communications warrants
Issuing authority must set out particulars of serious contraventions in a stored communications warrant.
118(3) Form and content of stored communications warrants
Must provide particulars of serious contraventions
119 Duration of stored communications warrants
119 Paragraph 80(1)(b)
A stored communications warrant remains in force until it is first executed or the end of 5 days after its issue, whichever occurs sooner.
119(1) Duration of stored communications warrants
Duration of stored communications warrants
The duration overlaps with the end of 5 days after its issue.
(a) until it is first executed; (b) until the end of the period of 5 days after the day on which it was issued;
A stored communications warrant remains in force:
The warrant holds until it is executed or the end of 5 days after its issue.
The warrant holds until the end of 5 days after its issue.
(b) until the end of the period of 5 days after the day on which it was issued;
The warrant diffuses to all parties with access to the communication.
The duration is an upper bound for the warrant's existence.
Warrant remains in force for a telecommunications service operated by a particular carrier.
119(2) Duration of stored communications warrants
The warrant remains in force until the end of the period of 5 days after the day on which it was issued.
The warrant remains in force during the specified period.
(2) However, if the warrant relates to more than one telecommunications service and those services are not all operated by the same carrier...
The warrant remains in force for a telecommunications service operated by a particular carrier.
The warrant is recognized as a valid warrant for telecommunications services.
The warrant holds for the specified telecommunications service.
The warrant diffuses to other telecommunications services operated by the same carrier.
The warrant remains in force until it is first executed in relation to a telecommunications service operated by that particular carrier.
The warrant remains in force until the specified event occurs.
Cannot vary stored communications warrant duration
119(3) Duration of stored communications warrants
Defines duration of warrant as part of stored communications warrant
(3) An issuing authority must not vary a stored communications warrant by extending the period for which it is to be in force.
119(4) Duration of stored communications warrants
(4) This section does not prevent the issue of a further warrant in respect of the person in respect of whom the warrant was issued.
No new warrant can be issued within 3 days of the previous warrant's execution.
119(5) Duration of stored communications warrants
(5) However, if the further warrant relates to the same telecommunications service as the previous warrant
Limits issuance of new warrants within a time frame
Temporal restriction on issuing new warrants
12 Telecommunications (Interception) Amendment Act 2006
Omit specified section and substitute with new sections.
12 Schedule 1
telecommunications-interception-amendment-act-2006.pdf, p.21
120 Stored communications warrants issued on telephone
telecommunications-interception-amendment-act-2006.pdf, p.65
120 Paragraph 80(1)(d)
Issuing authority must inform and provide warrant to applicant.
120(1) Stored communications warrants issued on telephone
Obligation to inform and provide warrant.
affidavit or affidavits, copy of authorisation
Affidavits must be provided by the applicant within one day after a warrant is issued.
120(2) Stored communications warrants issued on telephone
Must provide affidavit and authorisation
telecommunications-interception-amendment-act-2006.pdf, p.22
Inform Managing Director of carrier about issued warrant and provide certified copy.
121 What happens when stored communications warrants are
121 Paragraph 81(1)(a)
Agency must inform carrier about warrant.
122 Revocation of stored communications warrants by chief officers
122 Paragraph 81(1)(b)
Chief officer must inform and revoke stored communications warrant.
122(1) Revocation of stored communications warrants by chief officers
Chief officer may revoke warrant issued to agency after informing other agencies.
122(2) Revocation of stored communications warrants by chief officers
The chief officer must inform other agencies within the defined temporal interval.
Defines the temporal interval for informing other agencies before revoking a warrant.
(2) The chief officer of an enforcement agency may at any time, by writing signed by him or her...
The chief officer may not revoke the warrant.
Prohibits chief officer from revoking warrant without informing other agencies.
The chief officer must inform other agencies before revoking a warrant.
Imposes an obligation on the chief officer to inform other agencies before revoking a warrant.
The chief officer is permitted to revoke a warrant after informing other agencies.
Grants permission to the chief officer to revoke a warrant after informing other agencies.
Delegation of power to a certifying officer
122(3) Revocation of stored communications warrants by chief officers
Section does not apply in relation to a warrant that has ceased to be in force.
122(4) Revocation of stored communications warrants by chief officers
telecommunications-interception-amendment-act-2006.pdf, p.23
123 What happens when stored communications warrants are
123 Paragraph 81(1)(c)
Chief officer of another enforcement agency must be informed of revocation.
123(1) What happens when stored communications warrants are
Chief officer has an obligation to inform.
Chief officer must inform Managing Director of revocation and provide certified copy.
123(2) What happens when stored communications warrants are
Chief officer has an obligation to inform Managing Director of revocation.
124 Access to additional telecommunications services under stored
124 Paragraphs 81(1)(f), (g) and (h)
telecommunications-interception-amendment-act-2006.pdf, p.24
Entry into force of stored communications warrants
125 Entry into force of stored communications warrants
125 Paragraphs 81(2)(a), (b) and (ba)
Notification required for access to stored communications
126 Limit on authority conferred by warrant
126 Paragraphs 81(2)(d), (e) and (f)
127 Exercise of authority conferred by warrant
Omit “Part VI warrant”, substitute ‘Part 2-5 warrant’.
127 Subsection 81(2A)
Exercise of authority is restricted to authorized personnel.
127(1) Exercise of authority conferred by warrant
Agency may approve exercise of authority by officers/staff members of agency or other agencies.
127(2) Exercise of authority conferred by warrant
Agency permits exercise of authority by officers/staff members.
127(3) Exercise of authority conferred by warrant
Classifies the deontic type of the excerpt
telecommunications-interception-amendment-act-2006.pdf, p.25
128 Provision of technical assistance
128 Subsection 81A(2)
Designated officer or carrier employee may provide technical assistance to enforcement agency officer/staff member exercising stored communications warrant authority.
128(1) Provision of technical assistance
Prohibition of accessing stored communications without a warrant
128(2) Provision of technical assistance
...the doing of any act in connection with...the installation of equipment for the purposes of accessing stored communications in accordance with a stored communications warrant;
Requires provision of technical assistance during the installation of equipment
(2) For the purposes of subsection (1), the provision of technical assistance includes...
Prohibits the act of accessing stored communications without a warrant
...the doing of any act in connection with...the removal of such equipment;
Prohibits the removal of equipment without a warrant
Includes provision of technical assistance related to accessing stored communications
Includes provision of technical assistance related to removing equipment
...the doing of any act in connection with...the maintenance, testing or use of such equipment;
Requires provision of technical assistance during the maintenance or testing of equipment
Declare persons designated officers for the purposes of this section.
128(3) Provision of technical assistance
Permission to declare persons designated officers.
telecommunications-interception-amendment-act-2006.pdf, p.26
129 Evidentiary certificates relating to actions by carriers
129 Paragraphs 81C(3)(a) and (4)(a)
Carrier or subsidiary may issue written certificate
129(1) Evidentiary certificates relating to actions by carriers
Obligation to provide a written certificate
Exempt proceeding evidence of certificate matters
129(2) Evidentiary certificates relating to actions by carriers
Determination of corporate subsidiary relationship
129(3) Evidentiary certificates relating to actions by carriers
13 Paragraph 17(1)(e)
Imposes a duty on the legislative body to replace the outdated act
130 Evidentiary certificates relating to actions by enforcement
130 Subsection 84(1A) (note)
Certifying officer must issue written certificate with relevant facts.
130(1) Evidentiary certificates relating to actions by enforcement
Certifying officer has the authority to issue certificates
130(2) Evidentiary certificates relating to actions by enforcement
telecommunications-interception-amendment-act-2006.pdf, p.27
Exempt proceeding must receive certified copy of stored communications warrant as if it were the original.
131 Certified copies of stored communications warrants
131 Paragraph 92(3)(b)
132 Obstruction
telecommunications-interception-amendment-act-2006.pdf, p.66
132 Part IX (heading)
Obstructing another person acting under a stored communications warrant is an offence.
132(1) Obstruction
Prohibits obstructing another person acting under a stored communications warrant.
Imposes an obligation on individuals to not obstruct another person acting under a stored communications warrant.
A reasonable excuse is a valid reason for obstruction or hindering.
132(2) Obstruction
The defendant's excuse is inferred to be reasonable.
Obligation to provide a reasonable excuse.
The defendant must believe they have a reasonable excuse.
The interval of the reasonable excuse is not specified.
No dealing with accessed information or stored communications
133 No dealing with accessed information or stored communications
Omit 'Part VI' and substitute 'Part 2-5' in section headings.
133 Paragraphs 94A(1)(a) and (b) and (3)(d)
Prohibition of communication and use of information
telecommunications-interception-amendment-act-2006.pdf, p.28
Permits communication, use, recording, and evidence of stored communications warrant information.
134 Dealing in stored communications warrant information for the
Omit 'Part VI warrants' and substitute 'Part 2-5 warrants'.
134 Subsections 100(1) and (2) and 101(1) and (2)
135 Dealing in information by employees of carriers
135 Subparagraph 102(1)(a)(ii)
Employee must communicate information to authorized officer
135(1) Dealing in information by employees of carriers
Authorisation of officers to receive information under stored communications warrants.
135(2) Dealing in information by employees of carriers
...officers, or classes of officers, of the agency to receive information...
(2) The chief officer of an enforcement agency may authorise in writing...
(2) The chief officer of an enforcement agency may authorise...
Employee may use lawfully accessed information in performance of duties.
135(3) Dealing in information by employees of carriers
Obligation to use lawfully accessed information in performance of duties.
Employee is an instance of a person who may use lawfully accessed information.
Employee may communicate lawfully accessed information to another carrier for business purposes.
135(4) Dealing in information by employees of carriers
Classification of communication purposes.
telecommunications-interception-amendment-act-2006.pdf, p.30
136 Dealing in connection with Organisation’s functions
136 Paragraph 102(1)(b)
Permits communication of lawfully accessed information for purposes of security.
136(1) Dealing in connection with Organisation’s functions
Specifies temporal relationship with security purposes
Provides justification for permitted action
in connection with the performance by the Organisation of its functions, or otherwise
Describes information diffusion mechanism
communicate to another person, make use of, or make a record of
Communication of foreign intelligence information to Organisation employees
136(2) Dealing in connection with Organisation’s functions
Allow foreign intelligence information sharing with Director-General of Security or other officers/employees.
136(3) Dealing in connection with Organisation’s functions
Permission to share foreign intelligence information.
Use foreign intelligence information in connection with Organisation's functions
136(4) Dealing in connection with Organisation’s functions
Permission to use foreign intelligence information
telecommunications-interception-amendment-act-2006.pdf, p.31
137 Communicating information obtained by Organisation
137 Subparagraph 102(2)(a)(ii)
Directors-General must communicate certain information to others.
137(1) Communicating information obtained by Organisation
Authorisation to communicate information
137(2) Communicating information obtained by Organisation
(2) The communication may be made by the Director-General of Security personally or by a person authorised by the Director-General.
Communication spread through authorised channels
Approved communication of foreign intelligence information
137(3) Communicating information obtained by Organisation
Limits communication to within approval period
(3) A person to whom foreign intelligence information has been communicated:
(b) in accordance with an approval given under this subsection;
Implies that the Attorney-General must approve
may communicate that information to such persons, and in such manner, as are approved in writing by the Attorney-General.
138 Employee of carrier may communicate information to
138 Paragraph 102(2)(b)
Employee must communicate certain information to the authority
138(1) Employee of carrier may communicate information to
Lawfully accessed information, stored communications warrant information
Employee may communicate information to enforcement agency for investigation purposes
138(2) Employee of carrier may communicate information to
telecommunications-interception-amendment-act-2006.pdf, p.32
139 Dealing for purposes of investigation etc.
139 Paragraph 103(ab)
Communication of lawfully accessed information to another person.
139(1) Dealing for purposes of investigation etc.
Purposes connected with investigation, decision-making, and record-keeping.
139(2) Dealing for purposes of investigation etc.
(b) the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies;
(2) The purposes are purposes connected with:
(d) the keeping of records by the agency under Part 3-5.
(c) a proceeding to which subsection (4) applies;
Prohibition of serious or punishable offences
139(3) Dealing for purposes of investigation etc.
...render the person committing the contravention liable:
Prohibits serious or punishable offences
(3) A contravention to which this subsection applies is a contravention of a law...
139(4) Dealing for purposes of investigation etc.
Defines penalty units for contravention of a law
139(5) Dealing for purposes of investigation etc.
Includes a reference to an amount of a fine or pecuniary penalty
Application must include certain matters when made by telephone or in writing.
14 Telecommunications (Interception) Amendment Act 2006
14 Subsection 26(8)
Prohibits the Telecommunications (Interception) Act 1979
Application must include certain matters.
telecommunications-interception-amendment-act-2006.pdf, p.33
Reporting suspected unlawful access of stored communications to authorities.
140 Dealing with information if access suspected to be unlawful
telecommunications-interception-amendment-act-2006.pdf, p.67
140 Subsection 104(3)
telecommunications-interception-amendment-act-2006.pdf, p.34
Allowing record-making for permitted communication
141 Making record for purpose of permitted communication
141 Part X (heading)
Recipient may communicate or use information for specified purposes.
142 Further dealing by recipient of certain information
142 Paragraphs 107(2)(a) and (b)
143 Giving information in evidence in exempt proceeding
143 Part XA (heading)
Giving lawfully accessed information in evidence in exempt proceeding.
143(1) Giving information in evidence in exempt proceeding
Determine on the balance of probabilities whether a stored communication was accessed in contravention of subsection 108(1)
143(2) Giving information in evidence in exempt proceeding
Permits giving stored communications warrant information in exempt proceeding.
143(3) Giving information in evidence in exempt proceeding
telecommunications-interception-amendment-act-2006.pdf, p.35
144 Giving information in evidence if communication unlawfully
Repeal heading and substitute with new chapter title
144 Part XI (heading)
Allowing access to stored communications in certain circumstances
144(1) Giving information in evidence if communication unlawfully
Prohibiting reference to irregularity in certain contexts
144(2) Giving information in evidence if communication unlawfully
(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity:
Forbids references to irregularities in connection with warrant execution
(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity: (b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.
Forbids references to irregularities in connection with document issuance
(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity: (a) in, or in connection with the issue of, a document purporting to be a warrant; or
Permits reuse of exempt proceeding evidence in other proceedings.
145 Evidence that has been given in exempt proceeding
145 Section 108
Allows reuse of exempt proceeding evidence.
telecommunications-interception-amendment-act-2006.pdf, p.36
146 Giving information in evidence in civil proceedings for remedial
Giving information obtained by accessing a stored communication in contravention of subsection 108(1) in evidence in a proceeding.
146(1) Giving information in evidence in civil proceedings for remedial
in evidence in a proceeding by way of an application under section 165 for remedial relief.
Temporal overlap between the access and the proceeding.
(1) A person may give information obtained by accessing a stored communication in contravention of subsection 108(1)
Justification for providing information obtained by accessing a stored communication in contravention of subsection 108(1).
(a) the access; or (b) the communication (in contravention of section 133)
Permission to provide information obtained by accessing a stored communication in contravention of subsection 108(1).
Obligation to provide information obtained by accessing a stored communication in contravention of subsection 108(1).
Recurring trace of the access and communication in relation to the proceeding.
Permits giving stored communications warrant information in evidence
146(2) Giving information in evidence in civil proceedings for remedial
147 Accessed material inadmissible except as provided
Accessed material is inadmissible except as provided
147(1) Accessed material inadmissible except as provided
Prohibits accessing material in evidence
Accessed material is admissible under certain conditions.
147(2) Accessed material inadmissible except as provided
...stored communication was accessed in contravention of subsection 108(1).
Defines the temporal interval for accessing stored communication.
(2) Subsection (1) of this section applies...
Involves a cognitive agent in the provision of accessed material under certain conditions.
Obligation to provide accessed material under certain conditions.
Diffuses the obligation to provide accessed material under certain conditions.
Establishes a trace between accessing stored communication and its admissibility.
Information obtained by access is admissible in evidence.
147(3) Accessed material inadmissible except as provided
State obligation to provide admissible information.
148 Stored communications warrant information inadmissible
Stored communications warrant information is admissible in evidence.
148(1) Stored communications warrant information inadmissible
Admission of stored communications warrant information.
148(2) Stored communications warrant information inadmissible
telecommunications-interception-amendment-act-2006.pdf, p.37
Exemptions from admissibility of evidence
149 Evidence that is otherwise inadmissible
Exempts certain types of evidence from admissibility
Replace outdated telecommunications interception act with new one.
15 Subsection 27A(5)
Imposes a duty on the state to replace outdated legislation.
Destroy stored communications if not required for a purpose.
150 Destruction of records
...the chief officer must cause the information or record to be destroyed forthwith.
Defines a temporal interval for destruction of records.
(1) If: (a) information, or a record, that was obtained by accessing a stored communication...
Defines a knowledge representation for destruction of records.
(b) the chief officer of the agency is satisfied that the information or record...
Prohibits destruction of records if required for a purpose.
(a) information, or a record, that was obtained by accessing a stored communication...
Defines an information flow for destruction of records.
Defines a temporal trace for destruction of records.
telecommunications-interception-amendment-act-2006.pdf, p.38
Enforcement agency must keep documents connected with issue.
151 Enforcement agencies to keep documents connected with issue
Inspect enforcement agency records to ascertain compliance with sections 150 and 151.
152 Functions of Ombudsman
telecommunications-interception-amendment-act-2006.pdf, p.39
153 Reports
The Ombudsman must report to the Minister in writing about the results of inspections.
153(1) Reports
Must provide reports to the Minister within 3 months after the end of the financial year.
153(2) Reports
Ombudsman may report contravention of Act provision
153(3) Reports
The Ombudsman must report to the Minister in writing about the results of an inspection.
153(4) Reports
The Ombudsman must provide a report to the chief officer of the enforcement agency.
153(5) Reports
154 Ombudsman’s general powers
Ombudsman's powers under the Ombudsman Act 1976 extend to an inspection by the Ombudsman.
154(1) Ombudsman’s general powers
Exercise of powers under Ombudsman Act 1976 is taken as an exercise of powers under the Ombudsman.
154(2) Ombudsman’s general powers
Exercise of powers is taken as an exercise
An officer of an enforcement agency must provide information despite other laws.
155 Ombudsman to be given information etc. despite other laws
telecommunications-interception-amendment-act-2006.pdf, p.40
156 Dealing with information for the purposes of inspection and
Inspecting officer may communicate, use, or record information for inspection purposes.
156(1) Dealing with information for the purposes of inspection and
Permission to communicate, use, or record information.
Section 156(2) has effect despite other laws.
156(2) Dealing with information for the purposes of inspection and
Obligation to have effect despite other laws.
157 Application of Ombudsman Act
Section 11A of the Ombudsman Act 1976 does not apply in relation to the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Division.
157(1) Application of Ombudsman Act
...the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Division.
Section 11A is excluded from the Ombudsman's powers and functions during its application.
(1) Section 11A of the Ombudsman Act 1976 does not apply in relation to...
Section 11A is excluded from the Ombudsman's powers and functions.
Excluding references to actions of an inspecting officer under Division.
157(2) Application of Ombudsman Act
Subject to section 155 of this Act, subsections 35(2), (3), (4) and
157(3) Application of Ombudsman Act
Application of Ombudsman Act to Division
157(8) Application of Ombudsman Act
telecommunications-interception-amendment-act-2006.pdf, p.41
158 Exchange of information between Ombudsman and State
The Ombudsman must provide information to a State inspecting authority.
158(1) Exchange of information between Ombudsman and State
Ombudsman must provide information to authorities under certain conditions.
158(2) Exchange of information between Ombudsman and State
Ombudsman may receive information from State
158(3) Exchange of information between Ombudsman and State
telecommunications-interception-amendment-act-2006.pdf, p.42
Annual reports regarding applications and warrants under
159 Annual reports regarding applications and warrants under
Stored communication condition for interception warrant
16 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.50
16 Subitems 31(1) and (2) of Schedule 1
Imposes duty on State to substitute Act name
Temporal overlap between communication creation and interception
(b) that another person has made and for which the intended recipient is the person in respect of whom the warrant was issued;
Artificial intelligence application to stored communication
Communication diffusion into interception context
Temporal relationship between communication creation and interception
160 Minister may seek further information from Commonwealth
Minister may request specified information from chief officer of an enforcement agency.
160(1) Minister may seek further information from Commonwealth
Minister has an obligation to request specified information.
Minister must comply with request for information from Commonwealth.
160(2) Minister may seek further information from Commonwealth
telecommunications-interception-amendment-act-2006.pdf, p.43
Annual report by Minister about stored communications
161 Annual report by Minister about stored communications
162 Report to set out how many applications made and warrants
Report statistics on stored communications warrant applications
162(1) Report to set out how many applications made and warrants
Report on stored communications warrants applications and statistics
162(2) Report to set out how many applications made and warrants
Report must provide information about arrests made on lawful accessed information
163 Report to contain information about effectiveness of warrants
telecommunications-interception-amendment-act-2006.pdf, p.44
164 Annual reports
Minister must cause annual report to be laid before Parliament within 15 sitting days.
164(1) Annual reports
Annual reports must not be made in a manner that enables the identification of a person.
164(2) Annual reports
Annual reports must be given to the Minister.
164(3) Annual reports
165 Civil remedies—unlawful access or communication
Prohibition on unlawful access or communication
165(1) Civil remedies—unlawful access or communication
The access must be during the prohibited period
Accessing during contravention of subsection 108(1)
The access was in contravention of subsection 108(1)
Forbids accessing a stored communication in contravention of subsection 108(1)
Subsection 108(1) prohibits accessing a stored communication
Forbids accessing a stored communication if the access was in contravention of subsection 108(1)
Accessing during contravention of subsection 108(1) is prohibited
Person is an aggrieved person if they were a party to the communication or the communication was made on their behalf.
165(2) Civil remedies—unlawful access or communication
(a) the person was a party to the communication; or (b) the communication was made on the person’s behalf.
(2) For the purposes of this section, a person is an aggrieved person if, and only if: (a) the person was a party to the communication; or (b) the communication was made on the person’s behalf.
Remedial relief for unlawful access or communication
165(3) Civil remedies—unlawful access or communication
165(4) Civil remedies—unlawful access or communication
Court may grant remedial relief to an aggrieved person if convicted of unlawful access or communication.
165(5) Civil remedies—unlawful access or communication
165(6) Civil remedies—unlawful access or communication
Prohibits unlawful access or communication
telecommunications-interception-amendment-act-2006.pdf, p.47
166 Limitation periods etc.
Application for remedial relief must be made within 6 years after access took place.
166(1) Limitation periods etc.
Application for remedial relief must be made within 6 years after communication.
166(2) Limitation periods etc.
Application must be made within 6 years.
Application for remedial relief must be made as soon as practicable after conviction.
166(3) Limitation periods etc.
Obligation to make application as soon as practicable after conviction.
telecommunications-interception-amendment-act-2006.pdf, p.48
167 No limitation on other liability
167(1) No limitation on other liability
A person has no liability under this Act
(1) This Part does not limit any liability (whether criminal or civil)
A person must provide remedial relief even if convicted of an offence
No limitation implies obligation to provide remedial relief
A person must provide remedial relief even if they have other liabilities under this Act or other laws
No limitation implies obligation to provide remedial relief for other liabilities
A person must provide remedial relief even if they have other liabilities under this Act or other laws, regardless of whether they are convicted of an offence
No limitation implies obligation to provide remedial relief for all liabilities
A person must provide remedial relief even if they have other liabilities under this Act or other laws, regardless of whether they are convicted of an offence and regardless of the type of liability
No limitation implies obligation to provide remedial relief for all types of liability
No limitation on other liability for making an application under subsection 165(3) or (4)
167(2) No limitation on other liability
Allows making an application despite a conviction
No exclusion or limitation of State/Territory laws
168 Concurrent operation of State and Territory laws
No inferior court can grant remedial relief beyond its jurisdiction.
169 State or Territory courts—jurisdictional limits
Definition of interception device updated
17 Section 473.1 of the Criminal Code (definition of
A reference in this Part to the conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
170 Extended meaning of conviction—orders under section 19B of
The making of an order under section 19B of the Crimes Act 1914 is included.
Includes the making of an order under section 19B of the Crimes Act 1914.
The reference to the conviction of a person of an offence is included.
Includes the reference to the conviction of a person of an offence.
The making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence is included.
Includes the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
18 Telecommunications (Interception) Amendment Act 2006
18 Subsection 474.4(2) of the Criminal Code
Imposes an obligation to substitute the Act name
instrument of revocation, notification to applicant
Revocation of warrant by issuing authority
18(3) Telecommunications (Interception) Amendment Act 2006
Prohibition on issuing warrant without compliance
Subsection (2) has not been complied with
Inform another agency of revocation and provide a copy of the instrument.
18(4) Telecommunications (Interception) Amendment Act 2006
Omit specified section of the Telecommunications (Interception) Act 1979 and substitute with another section.
19 Paragraph 476.5(2A)(a) of the Criminal Code
Imposes a duty to omit the specified section.
2 After section 5D
Chief officer must inform Managing Director of carrier about changes in service identification.
20 Telecommunications (Interception) Amendment Act 2006
20 Schedule 3
Substitute Part 2-2 of the Telecommunications (Interception and Access) Act 1979 for Part III of the Telecommunications (Interception) Act 1979.
20A Paragraph 14(2A)(a)
21 Subsection 17(6)
22 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.51
22 Subsection 13A(6) (definition of material lawfully obtained
23 Subsection 18(7)
Making or giving information in evidence without lawful access is prohibited.
24 Telecommunications (Interception) Amendment Act 2006
Replace outdated telecommunications act with new one.
24 Subsection 32(4)
Temporal relation between lawful access and making or giving information in evidence.
(i) lawfully accessed information; or (ii) information obtained by accessing a stored communication in contravention of subsection 108(1); or (iii) stored communications warrant information.
and (i) lawfully accessed information; or (ii) information obtained by accessing a stored communication in contravention of subsection 108(1); or (iii) stored communications warrant information.
Prohibition of making or giving information in evidence without lawful access.
(iii) makes a record of information; or (iv) gives information in evidence in a proceeding
Obligation to provide lawful access when making or giving information in evidence.
Diffusion of obligation to provide lawful access when making or giving information in evidence.
Recurring trace between making or giving information in evidence and lawful access.
24A Section 5
Imposes a duty on the legislative body to replace the act.
telecommunications-interception-amendment-act-2006.pdf, p.52
24B Subsection 313(7)
Omit specified phrase and substitute with alternative phrase.
24C Subsection 313(7)
Substitute 'interception or access services' for 'interception services'
24D Subsection 313(8)
Insertion of 'or accessed' after 'intercepted'
24E Subsection 313(8)
24F Subsection 324(2)
24G Section 332K (note)
Prohibit access to interception and other access.
25 Title
26 Telecommunications (Interception) Amendment Act 2006
26 Part I (heading)
Employee may communicate or make use of stored communications warrant information in performance of duties.
26(5) Telecommunications (Interception) Amendment Act 2006
Permission to communicate or make use of stored communications warrant information.
Employee must communicate stored communications warrant information to another carrier or employee if necessary.
26(6) Telecommunications (Interception) Amendment Act 2006
Insert 'and Access' after 'Interception'
27 Section 1
28 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.53
28 Part IA (heading)
Defines access in relation to a stored communication.
29 Subsection 5(1)
telecommunications-interception-amendment-act-2006.pdf, p.11
3 After section 6
Communicating intercepted information for specific purposes.
30 Telecommunications (Interception) Amendment Act 2006
Agency's records can be used to derive a report.
30 June; and
Defines accessible in relation to a communication.
30 Subsection 5(1)
...for a purpose (or 2 or more purposes) connected with: ...
Specifies temporal overlap for permitted communication.
(2) A person to whom the information is communicated...
Defines incorporation of permitted communication.
...may communicate to another person, make use of, or make a record of...
Allows communication of intercepted information.
Specifies diffusion of permitted communication.
Defines temporal scope for permitted communication.
31 Subsection 5(1) (definition of agency)
32 Telecommunications (Interception) Amendment Act 2006
List of officers who can certify stored communications
32 Subsection 5(1) (at the end of the definition of certifying
telecommunications-interception-amendment-act-2006.pdf, p.54
Chief executive officer or acting chief executive officer of an agency must be added to the definition of chief officer.
33 Subsection 5(1) (at the end of the definition of chief
Chief officer must provide a written report to the Minister within 3 months after each June 30th.
34 Telecommunications (Interception) Amendment Act 2006
Repeal definition of designated warrant information
34 Subsection 5(1) (definition of designated warrant
35 Subsection 5(1)
Giving information to an inspecting officer and access to agency records for inspection purposes.
36 Telecommunications (Interception) Amendment Act 2006
Defines enforcement agency and its scope
36 Subsection 5(1)
enforcement agency has the same meaning as in section 282 of the Telecommunications Act 1997
and includes an interception agency and an eligible authority of a State
Includes interception agencies and eligible authorities
Imposes a duty on the agency to provide information and access records.
Omit 'a warrant', substitute 'an interception warrant'.
37 Subsection 5(1) (definition of foreign communications
38 Telecommunications (Interception) Amendment Act 2006
Defines intended recipient of a communication.
38 Subsection 5(1)
39 Subsection 5(1)
4 After section 6DA
Duty to report unlawfully accessed information
40 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.55
40 Subsection 5(1)
Definition of interception warrant information
41 Subsection 5(1)
Defines the meaning of interception warrant information
telecommunications-interception-amendment-act-2006.pdf, p.46
42 Telecommunications (Interception) Amendment Act 2006
42 Subsection 5(1)
Defines a term for the purpose of clarity
Reference to punitive damages included in damages calculation.
42(10) Telecommunications (Interception) Amendment Act 2006
Exemptions from interception for issuing or executing a warrant
42(11) Telecommunications (Interception) Amendment Act 2006
Access or communication of information is unlawful without court order.
42(7) Telecommunications (Interception) Amendment Act 2006
Prohibits access or communication of information.
Court may make order with necessary provisions and terms and conditions.
42(8) Telecommunications (Interception) Amendment Act 2006
42(9) Telecommunications (Interception) Amendment Act 2006
(9) A court may revoke or vary an order in the nature of an injunction made by the court under this section.
Accessing information without contravention of subsection 108(1) is prohibited.
43 Subsection 5(1)
The temporal interval of accessing information without contravention overlaps with the temporal interval of subsection 108(1)
Temporal intervals exist for accessing information and subsection 108(1)
The inference of accessing information without contravention is based on the inference of subsection 108(1)
Inferences exist for accessing information and subsection 108(1)
Accessing information without contravention is prohibited
Prohibits accessing information without contravention of subsection 108(1)
Information is classified based on its origin
Classifies 'lawfully accessed information' as information obtained by accessing a stored communication in contravention of subsection 108(1)
Definition of 'lawfully accessed information'
The diffusion of accessing information without contravention is affected by the diffusion of subsection 108(1)
Diffusions exist for accessing information and subsection 108(1)
The trace of accessing information without contravention is related to the trace of subsection 108(1)
Traces exist for accessing information and subsection 108(1)
44 Telecommunications (Interception) Amendment Act 2006
Defines 'lawfully intercepted information'
44 Subsection 5(1)
45 Subsection 5(1)
46 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.56
46 Subsection 5(1) (definition of named person warrant)
47 Subsection 5(1) (definition of nominated AAT member)
48 Telecommunications (Interception) Amendment Act 2006
48 Subsection 5(1)
49 Subsection 5(1)
telecommunications-interception-amendment-act-2006.pdf, p.12
5 After section 6EA
50 Telecommunications (Interception) Amendment Act 2006
50 Subsection 5(1) (definition of Part III warrant)
51 Subsection 5(1) (definition of Part VI warrant)
Definition of 'listening device' for Telecommunications (Interception) Amendment Act 2006
52 Telecommunications (Interception) Amendment Act 2006
Add a note about when a communication is passing over a telecommunications system.
52 Subsection 5(1) (at the end of the definition of passing
Adds a note to the definition of passing over a telecommunications system.
Permits substitution of 'interception agency' for 'agency'
53 Subsection 5(1) (definition of permitted purpose)
Omit “Part VIII”, substitute “Part 2-7”.
54 Subsection 5(1) (subparagraph (a)(v) of the definition of
telecommunications-interception-amendment-act-2006.pdf, p.58
No interception warrant issued in Chapter 2 (except Part 2-5) after commencement.
54 Telecommunications (Interception) Amendment Act 2006
(b) in Chapter 2 (except in Part 2-5)—an interception warrant
An offence against subsection 108(1) or section 133 is a prescribed offence.
55 Subsection 5(1) (after paragraph (b) of the definition of
telecommunications-interception-amendment-act-2006.pdf, p.57
Definition of publicly-listed ASIO number
56 Subsection 5(1)
telecommunications-interception-amendment-act-2006.pdf, p.60
56 Telecommunications (Interception) Amendment Act 2006
57 Subsection 5(1)
Definition of stored communications warrant
58 Subsection 5(1)
58 Telecommunications (Interception) Amendment Act 2006
stored communications warrant means a warrant issued under Chapter 3.
Definition of stored communications warrant information
59 Subsection 5(1)
5E Serious contraventions
5E(1) Serious contraventions
...a serious contravention is a contravention of a law of the Commonwealth, a State or a Territory...
(1) For the purposes of this Act, a serious contravention is a...
A contravention is taken to be a contravention if it has been committed or is suspected on reasonable grounds of having been committed.
5E(2) Serious contraventions
...is taken, for the purposes of this Act, to be a contravention...
The state takes a contravention to be a contravention.
(2) Except so far as the contrary intention appears, a contravention...
The state takes a suspected contravention to be a contravention.
(2) Except so far as the contrary intention appears, a contravention..., or is suspected on reasonable grounds of having been committed...
A contravention is suspected if it has reasonable grounds.
A contravention is being committed if it has reasonable grounds.
Reference to penalty units includes reference to equivalent fine or pecuniary penalty amount.
5E(3) Serious contraventions
...that number of penalty units includes... equivalent fine or pecuniary penalty amount.
Temporal intervals are relevant in this context.
Equivalent amounts are treated as equal in this context.
telecommunications-interception-amendment-act-2006.pdf, p.9
5F When a communication is passing over a telecommunications
A communication starts passing over a telecommunications system when sent or transmitted.
5F(1) When a communication is passing over a telecommunications
The communication passes over the system during transmission.
(b) is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.
(1) For the purposes of this Act, a communication: (a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication.
(a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication.
(1) For the purposes of this Act, a communication: (a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication. (b) is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.
The communication diffuses during transmission.
Communication from AFP address not to start passing over telecommunications system until no longer under control of specified employees.
5F(2) When a communication is passing over a telecommunications
until it is no longer under the control of any of the following:
Communication starts when no longer under control of specified employees
(2) However, if a communication is sent from an address on a computer network operated by or on behalf of the Australian Federal Police...
it is taken not to start passing over a telecommunications system, for the purposes of this Act.
Prohibits passing over telecommunications system
Communication ends when employee loses control
(a) any AFP employee responsible for operating, protecting and maintaining the network;
(b) any AFP employee responsible for enforcement of the professional standards of the Australian Federal Police.
telecommunications-interception-amendment-act-2006.pdf, p.10
5G The intended recipient of a communication
5G(1) The intended recipient of a communication
Intended recipients of a communication addressed to an AFP employee or the Australian Federal Police.
5G(2) The intended recipient of a communication
During the operation and maintenance of the network.
(2) In addition to the person who is the intended recipient of a communication under subsection (1), if a communication is addressed to a person at an address on a computer network operated by or on behalf of the Australian Federal Police, each of the following is also an intended recipient of the communication for the purposes of this Act:
Includes AFP employees and their superiors.
(b) any AFP employee responsible for enforcement of the professional standards of the Australian Federal Police;
During the enforcement of professional standards.
Ceases to have effect after 2 years from commencement
5G(3) The intended recipient of a communication
Reference to intended recipient of communication is taken to be a reference to an intended recipient of the communication.
5G(4) The intended recipient of a communication
5H When a communication is accessible to the intended recipient
A communication is accessible to its intended recipient if it has been received, stored under control, or delivered.
5H(1) When a communication is accessible to the intended recipient
The communication is accessible during the time period.
During a time period, a communication is accessible to its intended recipient
The action then results in the communication being accessible.
Then a communication is accessible to its intended recipient
The recipient has access to the communication.
The communication is accessible to its intended recipient.
The condition is met and the communication is accessible.
If a condition is met, a communication is accessible to its intended recipient
The communication is not accessible after the point in time.
Until a certain point in time, a communication is accessible to its intended recipient
No limitation on accessibility for the purposes of this Act.
5H(2) When a communication is accessible to the intended recipient
Ceases effect after 2 years from commencement
6 Telecommunications (Interception) Amendment Act 2006
Reference to stored communications includes accessing of communications after they have ceased to pass over a telecommunications system.
6 After subsection 9(1)
Inclusion of stored communications in the reference.
Stored communications are a subclass of telecommunications services.
60 Subsection 5(1) (definition of telecommunications service
Repeal and substitute a paragraph with new interception warrant information.
60 Telecommunications (Interception) Amendment Act 2006
Omit 'Part VI warrant' and substitute with 'Part 2-5 warrant or a stored communications warrant'.
61 Subsection 5(1) (definition of telephone application)
62 Subsection 5(1) (definition of warrant)
62 Telecommunications (Interception) Amendment Act 2006
Insertion of '(1)' before 'A reference in this Act'
63 Section 5B
References to certain proceedings are excluded from exemptions.
64 At the end of section 5B
telecommunications-interception-amendment-act-2006.pdf, p.68
64 Telecommunications (Interception) Amendment Act 2006
References are included in the list of excluded references.
telecommunications-interception-amendment-act-2006.pdf, p.59
Omit 'Part VIII', substitute 'Part 2-7 or 3-5'
65 Subsection 5C(1)
Modify definition of emergency service facility
66 Subsection 6(2A)
67 Subsection 6(3)
Omit 'Part VI', substitute 'Part 2-5 or 3-3'
68 Subsections 6DA(1) and (4)
69 Subsection 6E(1)
Accessing a stored communication without knowledge of the recipient is prohibited.
6AA Accessing a stored communication
Prohibits accessing stored communication without knowledge of the recipient.
Classifies as prohibition for accessing stored communication.
6DB Issuing authorities
Minister may appoint issuing authorities
6DB(1) Issuing authorities
Permission to appoint issuing authorities
A person who is issuing authorities must store communications.
6DB(2) Issuing authorities
Issuing authorities must store communications.
Information about stored communications warrant applications, issues, existence, and expiry.
6EB Stored communications warrant information
Temporal relation between stored communications warrant issuance and expiry
Inserts a reference to accessing stored communications after they have ceased to pass over a telecommunications system.
7 After subsection 9A(1)
70 Subsections 6E(1) and (2)
71 Subsection 6E(3)
72 Section 6EA
Omit 'a warrant' and substitute 'an interception warrant'.
73 Section 6EA
74 Section 6H
75 Paragraph 6H(b)
76 At the end of section 6H
Substitute paragraph 5B(1)(c) for paragraph 5B(c)
77 Paragraph 6L(1)(c)
Substitute paragraph 5B(1)(d) for paragraph 5B(d)
78 Paragraph 6L(1)(d)
79 Part II (heading)
8 Telecommunications (Interception) Amendment Act 2006
8 After subsection 10(1)
Appointment ceases if the person is no longer eligible for appointment or is revoked by the Minister.
8(3) Telecommunications (Interception) Amendment Act 2006
A person’s appointment ceases to have effect if:
Appointment can only occur within a specific time frame.
(a) the person ceases to be a person whom the Minister could appoint under this section;
(b) the Minister, by writing, revokes the appointment;
(3) A person’s appointment ceases to have effect if:
Prohibits appointment if conditions are not met.
Prohibits appointment if revoked by the Minister.
Issuing authority has same protection and immunity as a Justice of the High Court.
8(4) Telecommunications (Interception) Amendment Act 2006
80 Paragraph 7(2)(ad)
81 Subsections 7(3) and (3A)
82 Paragraphs 7(4)(c) and (5)(c)
Omit 'Part VI warrant', substitute 'Part 2-5 warrant'.
83 Subsections 7(6) and (6A)
telecommunications-interception-amendment-act-2006.pdf, p.61
84 Paragraphs 7(10)(b) and (c)
85 Part III (heading)
Omit 'Part III warrants', substitute 'Part 2-2 warrants'.
86 Subsection 12(1)
Substitute warrant in Part III with warrant in Part 2-2.
87 Section 13
88 Paragraph 14(a)
Omit 'Part III warrant', substitute 'Part 2-2 warrant'.
89 Subsection 15(1)
Insert Chapter 3—Access to stored communications
9 After Part XA
Omit ‘Part III warrant’, substitute ‘Part 2-2 warrant’.
90 Subsection 17(1)
91 Part V (heading)
92 Part VI (heading)
93 Subparagraph 35(1)(d)(i)
94 Paragraph 53(1)(d)
95 Subsection 55(1)
Requires relation between temporal intervals
Omit ‘Part VI warrant’ and substitute ‘Part 2-5 warrant’
96 Paragraph 61(4)(a)
97 Part VII (heading)
98 Subsection 63(1)
Replace 'designated warrant information' with 'interception warrant information'
99 Subsection 63(2)
Requires means for communication with suspected security activities
1 After subparagraph 9(1)(a)(i)
telecommunications-interception-amendment-act-2006.pdf, p.69
10 Subsection 49(3)
11 After paragraph 100(1)(ec)
telecommunications-interception-amendment-act-2006.pdf, p.70
Relevant statistics about applications of a kind related to warrants
12 After paragraph 100(2)(ec)
13 At the end of paragraphs 101(1)(a), (b) and (c)
Defines averages for periods related to warrants
14 After paragraph 101(1)(d)
15 At the end of paragraphs 101(2)(a), (b) and (c)
Calculate averages of periods related to warrants
16 After paragraph 101(2)(d)
Restricts issuing of warrants under certain conditions.
2 At the end of subsection 9(1)
The Attorney-General must not issue a warrant in certain cases.
3 At the end of section 9
The Attorney-General must not issue a warrant
4 Subsection 9B(3)
The omitted phrase overlaps with a prohibited action.
Indicates overlap between omission and prohibited action.
Omit ‘period must not exceed 6 months, and the’.
The omitted phrase is recognized as prohibited.
Indicates recognition of omission as prohibited.
The omitted phrase is diffused by a prohibition.
Indicates diffusion of prohibition to omission.
The omitted phrase is until a prohibited action.
Indicates temporal relationship between omission and prohibited action.
The specified period must not exceed 3 months if subparagraph 9(1)(a)(ia) applies, or 6 months otherwise.
5 After subsection 9B(3)
Add “and” at the end of paragraphs 46(1)(a), (b) and (c)
6 At the end of paragraphs 46(1)(a), (b) and (c)
Relevant statistics about applications of a kind referred to in subparagraph 46(1)(d)(ii) must be provided.
66 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.72
68 Telecommunications (Interception) Amendment Act 2006
7 Paragraph 46(1)(d)
8 At the end of subsection 46(1)
No warrant can be issued unless certain conditions are met.
9 At the end of section 46
Inserts 'and includes a telecommunications device' after 'network'
1 Subsection 5(1) (definition of equipment)
telecommunications-interception-amendment-act-2006.pdf, p.75
Saving provision for equipment-based interception
10 Saving provision
telecommunications-interception-amendment-act-2006.pdf, p.76
Details sufficient to identify telecommunications device must be included in warrant.
11 After paragraph 11B(2)(b)
Class hierarchy for warrant requirements
The Attorney-General must not issue a warrant for interception of communications unless certain conditions are met.
12 At the end of section 11B (before the note)
The Organisation must consider the practicability of interception at the time of application.
Justification for warrant issuance requires consideration of practicable methods at the time of application
Interception of communications made to or from a telecommunications service used, or likely to be used, by that person or foreign organisation would not otherwise be practicable.
Prohibition of warrant issuance without justification
The Attorney-General must issue a warrant.
The Organisation must consider the foreign organisation's telecommunications services used or likely to be used.
Justification for warrant issuance requires consideration of foreign organisation's telecommunications services used or likely to be used
The Organisation must consider its resources at the time of application.
Justification for warrant issuance requires consideration of Organisation's resources at the time of application
There are no other practicable methods available to the Organisation at the time of making the application.
The Organisation must consider the person or foreign organisation's telecommunications services used or likely to be used.
Justification for warrant issuance requires consideration of person or foreign organisation's telecommunications services used or likely to be used
The Organisation must identify the telecommunications services used or likely to be used.
Justification for warrant issuance requires identification of telecommunications services used or likely to be used
Exclusion of interception of communications made by means of a telecommunications device identified in the warrant.
13 After paragraph 16(1)(a)
Identification of telecommunications device
Telecommunications device identified in the warrant
Certifying person must provide description of device to Managing Director of carrier.
14 After subsection 16(1)
telecommunications-interception-amendment-act-2006.pdf, p.77
15 Paragraph 16(2)(a)
Insertion of phrase after 'that service'
16 Paragraph 16(2)(b)
Details of telecommunications device must be provided
17 After paragraph 42(4A)(b)
Details of telecommunications device are sufficient for identification
Repeal paragraph and substitute with prohibition on intercepting communications.
18 Paragraph 46A(1)(d)
Prohibits interception of communications.
Substitutes new provision for repealed paragraph.
telecommunications-interception-amendment-act-2006.pdf, p.78
Restricts issuing of a warrant authorising interception of communications.
19 At the end of subsection 46A(1)
Prohibits issuing a warrant for interception.
2 Subsection 5(1)
Specify the scope of interception under a warrant
20 Paragraph 46A(2)(a)
Must not issue warrant for interception of communications without certain conditions.
21 At the end of section 46A
Temporal conditions for warrant issuance
there are no other practicable methods available to the agency at the time of making the application
interception of communications made by means of a telecommunications device identified in the warrant unless he or she is satisfied that...
Prohibition on warrant-based interception of communications made by means of a telecommunications device identified in the warrant.
22 After paragraph 60(4)(a)
Classification of warrant-based interception
telecommunications-interception-amendment-act-2006.pdf, p.79
23 After subsection 60(4)
Insertion of a particular device or means after 'particular service'
24 Paragraph 60(5)(b)
3 Subsection 5(1)
Temporal relation between carrier address and communication
Class hierarchy for telecommunications numbers
4 At the end of Part IA
telecommunications-interception-amendment-act-2006.pdf, p.73
5 Subsection 9A(1)
The Attorney-General must issue a warrant under certain conditions.
5(1) Subsection 9A(1)
...the Attorney-General is satisfied that: (a) the person is engaged in, or reasonably suspected by the Director-General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and...
The Attorney-General has an obligation to issue a warrant.
(1) Upon receiving a request by the Director-General of Security for the issue of a warrant under this section in respect of a person, the Attorney-General may, under his or her hand, issue a warrant...
Authorises interception of communications under specified conditions.
5(1A) Subsection 9A(1)
Intercepts communications during specified time period.
(1A) The warrant authorises persons approved under section 12 in respect of the warrant to intercept...
Recognises communications as subject to interception.
Authorises interception of communications.
The warrant authorises persons approved under section 12 in respect of the warrant to intercept...
Classifies communications as subject to interception.
Intercepts communications through specified device.
Intercepts communications repeatedly during specified time period.
Authorises entry on premises for equipment installation, maintenance, use or recovery.
5(1B) Subsection 9A(1)
telecommunications-interception-amendment-act-2006.pdf, p.74
Saving provision for warrants issued under subsection 9A(1) of the Telecommunications (Interception) Act 1979.
6 Saving provision
Temporal overlap between warrant issuance and Schedule commencement.
Obligation to preserve the validity of warrants.
A telecommunications device must be identified by a unique identifier.
6Q Identification of telecommunications device
Warrant must include details to identify telecommunications device
7 After paragraph 9A(2)(b)
70 Telecommunications (Interception) Amendment Act 2006
Validity of warrants issued under subsection 11B(1) of the Telecommunications (Interception) Act 1979
72 Telecommunications (Interception) Amendment Act 2006
Assistance in connection with investigation of class 2 offence
74 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.80
76 Telecommunications (Interception) Amendment Act 2006
The Attorney-General must not issue a warrant for interception of communications without satisfying certain conditions.
8 At the end of section 9A
unless satisfied with certain conditions.
Warrant issuance is subject to conditions.
9 Subsection 11B(1)
The Attorney-General may issue a warrant for the interception of communications.
9(1) Subsection 11B(1)
The warrant must be issued before the specified timeframe expires.
The warrant is issued within a specific timeframe.
The Attorney-General is satisfied that the interception is necessary within a certain timeframe.
A warrant can be issued for the interception of communications.
Permission granted by the Attorney-General.
The Attorney-General may issue a warrant.
The Attorney-General must issue a warrant if requested by the Director-General of Security.
The Attorney-General has an obligation to issue a warrant if requested by the Director-General of Security.
The Director-General of Security gives a notice in writing to the Attorney-General requesting the Attorney-General to issue a warrant.
The Attorney-General has permission to issue a warrant for the interception of communications.
The Attorney-General may, under his or her hand, issue a warrant in respect of a person.
Foreign intelligence is a matter specified in the notice.
Communications intercepted under this section are related to foreign intelligence.
The warrant is issued for the purpose of obtaining foreign intelligence.
The warrant can be renewed for recurring interceptions.
The Attorney-General may issue a warrant under this section authorising persons approved under section 12.
9(1A) Subsection 11B(1)
Classifies communications to be intercepted.
(a) communications that are being made to or from any telecommunications service...
9(1B) Subsection 11B(1)
Repeal the definition of class 1 offence.
1 Subsection 5(1) (definition of class 1 offence)
telecommunications-interception-amendment-act-2006.pdf, p.81
10 Subsection 5D(5A)
Omit 'class 2 offence', substitute 'serious offence'.
11 Subsection 5D(6)
12 Subsection 5D(6)
An offence is also a serious offence if it is an offence constituted by receiving or assisting a person who is, to the offender’s knowledge, guilty of a serious offence mentioned in subsection (1),
13 At the end of section 5D
offence is an offence constituted by receiving or assisting a person who is, to the offender’s knowledge, guilty of a serious offence mentioned in subsection (1)
telecommunications-interception-amendment-act-2006.pdf, p.82
14 Paragraph 6H(a)
15 Paragraph 6H(b)
Prohibits omission of specified provisions.
Repeal of subsection and substitution with new provision
16 Subsection 7(9)
Temporal relation between serious offence and investigation
17 Sections 45 and 45A
18 Paragraphs 46(1)(d) and 46A(1)(d)
19 Section 47
Repeal the definition of class 2 offence.
2 Subsection 5(1) (definition of class 2 offence)
20 Subsection 48(1)
Omit “45 or” from Schedule 4, Class 1 and class 2 offences.
21 Paragraph 48(3)(c)
telecommunications-interception-amendment-act-2006.pdf, p.83
22 Subparagraph 48(3)(d)(ii)
23 Paragraph 49(7)(a)
24 Paragraph 49(7)(b)
25 Subsection 54(1)
26 Subsection 61(3)
27 Subparagraph 81A(2)(g)(i)
Prohibition of subparagraph 81A(2)(g)(i)
28 Subparagraph 81A(2)(g)(ii)
29 Subparagraph 81C(2)(g)(i)
3 Subsection 5(1) (definition of named person warrant)
30 Subparagraph 81C(2)(g)(ii)
Prohibits omission of specified sections.
telecommunications-interception-amendment-act-2006.pdf, p.84
Application of amended Telecommunications (Interception) Act 1979 to pending warrant applications
31 Pending applications
Continuation of warrants under sections 45 and 45A
32 Continuation of warrants under sections 45 and 45A
Warrants under sections 46, 46A and 48 unaffected
33 Warrants under sections 46, 46A and 48 unaffected
telecommunications-interception-amendment-act-2006.pdf, p.85
Renewal of warrants issued after commencement under section 46 or 46A
34 Renewals of warrants
Renewal of warrant issued before commencement under section 45 or 45A
Renewal of warrant issued before commencement under section 46 or 46A
Repeal and substitute a paragraph with a new definition of a serious offence.
4 Subsection 5(1) (paragraph (a) of the definition of
Repeal definition, substitute with new meaning.
5 Subsection 5(1) (definition of serious offence)
6 Subsection 5(1) (definition of telecommunications service
7 Subsection 5D(1)
Division 72, 101, 102 or 103 of the Criminal Code
An offence is a serious offence if it is...
an offence against Division 72, 101, 102 or 103 of the Criminal Code
An offence in relation to which the ACC is conducting a special investigation.
except for the purposes of an application for a warrant by an agency other than the ACC
Enable person to escape punishment or dispose of proceeds.
78 Telecommunications (Interception) Amendment Act 2006
Omit 'is a class 2 offence', substitute 'is also a serious offence'.
8 Subsection 5D(2)
80 Telecommunications (Interception) Amendment Act 2006
telecommunications-interception-amendment-act-2006.pdf, p.86
82 Telecommunications (Interception) Amendment Act 2006
9 Subsections 5D(2A), (3), (3A), (4), (5) and (5A)
Omit certain references to the Chief Executive Officer of the ACC.
1 Subsection 5(1) (subparagraph (a)(v) of the definition of
telecommunications-interception-amendment-act-2006.pdf, p.87
10 Section 56
11 Subsections 57(1) and (2)
Notify other agencies of warrant revocation proposal.
11(1) Subsections 57(1) and (2)
11(2) Subsections 57(1) and (2)
(2) The chief officer of an agency may at any time...
telecommunications-interception-amendment-act-2006.pdf, p.88
Omit 'Commissioner of Police', substitute 'Secretary of the Department'.
12 Paragraphs 57(3)(a) and (b)
13 At the end of section 57
Ensure discontinuation of communications interceptions upon warrant revocation or proposed revocation.
14 Subsection 58(1)
Obligation to ensure discontinuation of communications interceptions.
15 Subsection 58(2)
Substitute 'Secretary of the Department' for 'Commissioner of Police'
16 Section 59
17 Paragraph 60(2)(a)
18 Subsection 61(3)
Preserves effect of certificate issued under subsection 61(3) of the Telecommunications (Interception) Act 1979.
19 Saving provision
2 Division 1 of Part 2-5
telecommunications-interception-amendment-act-2006.pdf, p.89
20 Subsection 61(5)
21 Subsection 79(2)
22 Part 2-7 (heading)
Repeal sections and substitute with new provisions.
23 Sections 80 and 81
telecommunications-interception-amendment-act-2006.pdf, p.91
24 Subsections 81A(1) and (2)
Saving provision for General Register of Warrants
25 Saving provision
Deliver General Register to Minister for inspection within 3 months after commencement of Schedule 5.
26 Subsection 81B(1)
Specifies a temporal interval for delivery of the General Register.
Imposes a duty on the Secretary of the Department.
27 Subsection 81B(2)
telecommunications-interception-amendment-act-2006.pdf, p.92
28 Subsections 81C(1) and (2)
Saving provision for Special Register of Warrants
29 Saving provision
Omit subsections and impose on chief officer of a Commonwealth agency
3 Paragraph 35(1)(a)
Deliver Special Register to Minister within 3 months after Schedule 5 commencement.
30 Subsection 81D(1)
31 Subsections 81D(2) and (3)
32 Subsection 81E(2)
Substitute 'Secretary' for 'Commissioner of Police'
33 Subsection 81E(2)
Notice given under section 81E of the Telecommunications (Interception) Act 1979 has effect after commencement as if it were a notice by the Secretary.
34 Saving provision
telecommunications-interception-amendment-act-2006.pdf, p.93
35 Section 82
Add “and” at the end of paragraph 86(1)(a)
36 At the end of paragraph 86(1)(a)
37 After paragraph 86(1)(b)
Insert 'or the General Register or Special Register' after 'agency'
38 Paragraph 86(1)(c)
The Ombudsman's powers include doing anything incidental or conducive to the performance of any of the Ombudsman’s functions under this Part.
39 At the end of section 86
The provision includes the Ombudsman's powers.
Repeal section and substitute with new provision
4 Section 47
47 Limit on authority conferred by warrant
Prohibits interception of communications without carrier notification
Notification required for warrant issuance
Omit 'other than the Australian Federal Police'
5 Subsection 52(2)
54 Entry into force of warrants
Replace 'Commissioner of Police' with 'Secretary of the Department'
6 Paragraphs 52(2)(a) and (b)
7 Subsection 53(1)
8 Paragraphs 53(1)(a), (b) and (d)
Keep documents connected with issue of warrants
80 Commonwealth agencies to keep documents connected with issue
telecommunications-interception-amendment-act-2006.pdf, p.90
81 Other records to be kept by Commonwealth agencies in
Particulars of each telephone application, warrant issuance, and interception.
Agency must keep records of telephone applications, warrant issuances, and interceptions.
81(1) Other records to be kept by Commonwealth agencies in
Records are particulars of telephone applications, warrant issuances, and interceptions.
Particulars of interception service must be indicated for named person warrant.
81(2) Other records to be kept by Commonwealth agencies in
Agency must keep records made under this section.
81(3) Other records to be kept by Commonwealth agencies in
84 Telecommunications (Interception) Amendment Act 2006
86 Telecommunications (Interception) Amendment Act 2006
88 Telecommunications (Interception) Amendment Act 2006
9 Section 54
telecommunications-interception-amendment-act-2006.pdf, p.94
90 Telecommunications (Interception) Amendment Act 2006
Repeal and substitute a subparagraph with an investigation into serious misconduct.
1 Subsection 5(1) (subparagraph (f)(ii) of the definition of
telecommunications-interception-amendment-act-2006.pdf, p.95
Insertion of 'has been issued' after 'warrant'
10 Paragraphs 81C(3)(a) and (4)(a)
Add “or” at the end of paragraphs (a), (b) and (c) of the definition of prescribed offence.
2 Subsection 5(1) (at the end of paragraphs (a), (b) and (c) of
The definition of prescribed offence has a start time
The definition of prescribed offence is being processed by the agent
The definition of prescribed offence includes (a), (b) and (c)
The definition of prescribed offence is being updated
The definition of prescribed offence has a sequence of paragraphs
Definition of Whistleblowers Protection Act
Repeal paragraph and substitute Division 1A of Part IV of the Crimes Act 1900.
4 Paragraph 5D(4)(b)
5 Subsection 6(2)
6 Subsection 7(11)
7 Subsection 12(1)
Insert 'or an employee of a carrier' after 'designated officer'
8 Subsection 55(5)
9 Section 78
telecommunications-interception-amendment-act-2006.pdf, p.5
1 Short title
Table of sections and commencement provision
1 Section 1
1 July 2006.
1 July 2006
telecommunications-interception-amendment-act-2006.pdf, p.6
1 October 2006
1 February 1994
10 Section 10
This Act comes into force on the specified day
See F2006L01623 for further information.
13 June 2006
2 Commencement
2 Section 2
2 Telecommunications (Interception) Amendment Act 2006
3 May 2006
3 Section 3
3 November
Schedule items have effect according to their terms.
3 Schedule(s)
4 Section 4
4 Telecommunications (Interception) Amendment Act 2006
6 months beginning on the day of Royal Assent
Conditional commencement of item 10 of Schedule 1 to the Telecommunications (Interception) Amendment (Stored Communications and Other Measures) Act 2005.
5 Section 5
The day on which this Act receives the Royal Assent.
6 Section 6
7 Section 7
8 Section 8
9 Section 9
Requires relation between identifiable temporal intervals
Section 17 commencement triggers the effect
An Act to amend the Telecommunications (Interception) Act 1979, and for related purposes
Telecommunications (Interception) Amendment Act 2006