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