telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.8
1 After Part 5-1
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.59
Clarifies power to make decisions under Telecommunications Act
10 Decisions made before commencement of Part 5-1A
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.60
Service provider may keep information before commencement.
11 Keeping information or documents before commencement
Defines reporting period for annual report under Australian Security Intelligence Organisation Act 1979
12 First reporting period after commencement of Part 5-1A
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.38
180G The Organisation
Cannot make an authorisation for disclosure of information about a journalist or their employer.
180G(1) The Organisation
Authorisation cannot be made for a period overlapping with a journalist information warrant
a purpose of making the authorisation would be to identify another person whom the eligible person knows or reasonably believes to be a source
authorisation for disclosure of information about a journalist or their employer
Prohibition on disclosure of information about an employer of a journalist
particular person is working in a professional capacity as a journalist; or particular person is an employer of such a person
Prohibition on disclosure of information about a source
particular person to be: a person who is working in a professional capacity as a journalist; or particular person is an employer of such a person
Prohibition on making an authorisation for disclosure of information about another person
particular person whom the eligible person knows or reasonably believes to be a source
Nothing in this section affects the kind of person in relation to whom a warrant may be issued under this Act.
180G(2) The Organisation
Describes a class of persons affected by the provision.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.39
180H Enforcement agencies
Authorized officer must not disclose information or documents of a particular person if they are a journalist or their employer.
180H(1) Enforcement agencies
...if they are a journalist or their employer.
Temporal interval for disclosure prohibition
(1) An authorised officer of an enforcement agency must not make an authorisation...
of a particular person if they are a journalist or their employer.
Authorized officer must not disclose information or documents.
unless a journalist information warrant is in force, in relation to that particular person, under which authorised officers of the agency may make authorisations under that section.
Prohibition of disclosure for source identification
a purpose of making the authorisation would be to identify another person whom the authorised officer knows or reasonably believes to be a source;
...unless a journalist information warrant is in force, in relation to that particular person, under which authorised officers of the agency may make authorisations under that section.
Prohibition for disclosure without warrant
No disclosure of information or documents relating to a particular person
180H(2) Enforcement agencies
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.40
180J Requesting a journalist information warrant
Request for a journalist information warrant
180J(1) Requesting a journalist information warrant
Request for journalist information warrant must specify facts and grounds.
180J(2) Requesting a journalist information warrant
Obligation to provide information warrant
180K Further information
The Minister may require the Director-General to provide further information.
180K(1) Further information
Refuse to consider or take action on a request if the Director-General breaches the requirement.
180K(2) Further information
Refuse to consider or take action on a request.
Requires overlap between Director-General's breach and Minister's consideration/action.
(2) If the Director-General breaches the requirement, the Minister may:
Prohibits Minister from considering or taking action on a request.
Refuse to take any further action on a request.
Prohibits Minister from taking further action on a request.
Requires recurring trace of Director-General's breach for Minister's consideration/action.
180L Issuing a journalist information warrant
Issue a journalist information warrant or refuse to issue one
180L(1) Issuing a journalist information warrant
Minister must satisfy conditions before issuing a journalist information warrant.
180L(2) Issuing a journalist information warrant
The public interest in issuing the warrant outweighs the public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant, having regard to...
Minister must satisfy conditions before issuing a journalist information warrant during a specific time period.
(2) The Minister must not issue a journalist information warrant unless...
The Minister must satisfy the conditions.
Minister has a duty to satisfy conditions before issuing a journalist information warrant.
The Minister must consider any submissions made by a Public Interest Advocate under section 180X, and any other matters the Minister considers relevant.
Minister has a duty to consider all relevant matters before issuing a journalist information warrant.
The Organisation’s functions would extend to the making of authorisations under Division 3 in relation to the particular person.
Minister has a function that extends to making authorisations under Division 3.
The Organisation’s functions would extend to the making of authorisations under Division 3 in relation to the particular person, having regard to...
The public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant outweighs the public interest in issuing the warrant, having regard to...
Minister must satisfy conditions before issuing a journalist information warrant until a certain time period.
Conditions or restrictions for making authorisations under the warrant.
180L(3) Issuing a journalist information warrant
(3) A journalist information warrant issued under this section may specify conditions or restrictions relating to making authorisations under the authority of the warrant.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.41
Issuing a journalist information warrant in an emergency
180M Issuing a journalist information warrant in an emergency
Directs the Director-General of Security to issue a warrant
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.44
The Minister must revoke a journalist information warrant before its specified period ends.
180N Duration of a journalist information warrant
Ensure discontinuation of authorisations before expiry of a journalist information warrant.
180P Discontinuance of authorisations before expiry of a journalist
Obligation to inform the Minister and take steps to ensure discontinuation.
180Q Enforcement agency may apply for a journalist information
Enforcement agency may apply for a journalist information warrant.
180Q(1) Enforcement agency may apply for a journalist information
Obligation to apply for a journalist information warrant.
Agency must apply for journalist information on behalf of the agency or its officer.
180Q(2) Enforcement agency may apply for a journalist information
Agency must apply for journalist information.
Agency chief officer may nominate an office for agency management
180Q(3) Enforcement agency may apply for a journalist information
Enforcement agency may apply for a journalist information
180Q(4) Enforcement agency may apply for a journalist information
Application for journalist information may be made in writing or any other form.
180Q(5) Enforcement agency may apply for a journalist information
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.45
180R Further information
Agency must provide further information to Part 4-1 issuing authority
180R(1) Further information
Requirement to not breach the requirement
180R(2) Further information
180S Oaths and affirmations
Information must be verified on oath or affirmation when applying for Part 4-1 issuing authority.
180S(1) Oaths and affirmations
Obligation to verify information on oath or affirmation.
Authority to administer oath or affirmation
180S(2) Oaths and affirmations
Temporal interval for oath or affirmation administration
(2) For the purposes of this section, the Part 4-1 issuing authority may:
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.46
180T Issuing a journalist information warrant
Authority to issue a journalist information warrant upon application.
180T(1) Issuing a journalist information warrant
Warrant issued within a reasonable timeframe.
Temporal overlap between issuing authority's decision and warrant issuance.
Issuing authority has an obligation to issue a warrant.
Must issue a journalist information warrant only under specified conditions.
180T(2) Issuing a journalist information warrant
Classifies the issuing authority as responsible for issuing warrants
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.47
180U Form and content of a journalist information warrant
Journalist information warrant must be in prescribed form and signed by issuing authority.
180U(1) Form and content of a journalist information warrant
Temporal interval for issuing authority's signature.
(1) A journalist information warrant issued under this Subdivision must be in accordance with the prescribed form...
Authority's signature implies compliance with prescribed form.
Authority's signature is a cognitive event.
Obligation to comply with prescribed form and signature.
Information about issuing authority's signature is disseminated.
180U(2) Form and content of a journalist information warrant
Journalist information warrant must specify a period of up to 90 days.
180U(3) Form and content of a journalist information warrant
No variation of a journalist information warrant is allowed by the issuing authority.
180U(4) Form and content of a journalist information warrant
...the period for which it is to be in force.
The warrant's duration cannot overlap with a new one.
(4) A Part 4-1 issuing authority must not...
The warrant's duration will not be modified.
...by extending the period for which it is to be in force.
No variation of a journalist information warrant is allowed.
(4) A Part 4-1 issuing authority must not vary...
The change will not diffuse to other warrants.
Allows for multiple warrants to be issued under the same Act.
180U(5) Form and content of a journalist information warrant
Permits further warrants under the same Act.
Entry into force of a journalist information warrant
180V Entry into force of a journalist information warrant
Requires a relation between identifiable temporal intervals for commencement
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.48
180W Revocation of a journalist information warrant by chief
Must revoke journalist information warrant if grounds cease to exist
180W(1) Revocation of a journalist information warrant by chief
Delegation of power to a certifying officer
180W(2) Revocation of a journalist information warrant by chief
180X Public Interest Advocates
The Prime Minister must declare Public Interest Advocates.
180X(1) Public Interest Advocates
Submit to Minister or issuing authority about specific matters.
180X(2) Public Interest Advocates
Regulations may prescribe matters relating to the performance of a Public Interest Advocate.
180X(3) Public Interest Advocates
A declaration under subsection (1) is not a legislative instrument.
180X(4) Public Interest Advocates
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.51
182A Disclosure/use offences: journalist information warrants
Disclosing or using journalist information warrants is an offence.
182A(1) Disclosure/use offences: journalist information warrants
Prohibits disclosure or use of journalist information warrants.
Implicates imprisonment for 2 years upon committing the offence.
Disclosing or using a journalist information warrant without permission is an offence.
182A(2) Disclosure/use offences: journalist information warrants
Temporal interval of disclosure/use offences: journalist information warrants.
Classification of disclosure/use offences: journalist information warrants by CogAI.
Prohibition of disclosing or using a journalist information warrant.
Diffusion of disclosure/use offences: journalist information warrants.
Recurring trace of disclosure/use offences: journalist information warrants.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.52
Disclosure or use of information is permitted under certain conditions.
182B Permitted disclosure or use: journalist information warrants
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.53
185D Notification etc. of authorisations intended to identify media
Notification of issuing a journalist information warrant to the Inspector-General and Parliamentary Joint Committee.
185D(1) Notification etc. of authorisations intended to identify media
Minister must notify the Inspector-General and Parliamentary Joint Committee.
Must provide copy of authorisation to Inspector-General after warrant expiry
185D(2) Notification etc. of authorisations intended to identify media
Must provide report to Parliamentary Joint Committee on Intelligence and Security upon request from Inspector-General.
185D(3) Notification etc. of authorisations intended to identify media
Request for briefing from Inspector-General
185D(4) Notification etc. of authorisations intended to identify media
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.55
185E Reports on access to retained data
Minister must provide report to committee upon receipt of Inspector-General's report
185E(1) Reports on access to retained data
Request for briefing from Inspector-General on authorisation or authorisations
185E(2) Reports on access to retained data
Minister must provide report to Parliamentary Joint Committee on Intelligence and Security upon receipt of Ombudsman's report.
185E(3) Reports on access to retained data
185E(4) Reports on access to retained data
187A Service providers must keep certain information and
Service providers must keep certain information and documents.
187A(1) Service providers must keep certain information and
Service providers must keep information of a kind specified in or under section 187AA
Service providers must keep certain information and
187A(3) Service providers must keep certain information and
Minister may declare service to be subject to this Part.
187A(3A) Service providers must keep certain information and
Service providers must keep certain information for a specified period.
187A(3B) Service providers must keep certain information and
Review report within 15 sitting days of a House of the Parliament
Must refer amendment to Parliamentary Joint Committee on Intelligence and Security for review.
187A(3C) Service providers must keep certain information and
Obligation to refer amendment for review
Service providers must keep certain information
187A(4) Service providers must keep certain information and
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.11
Service provider must keep certain information about subscribers and services.
187AA Information to be kept
Service provider must keep certain information.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.14
187B Certain service providers not covered by this Part
Service providers not covered by this Part
187B(1) Certain service providers not covered by this Part
The Communications Access Co-ordinator may declare that subsection 187A(1) applies in relation to a relevant service.
187B(2) Certain service providers not covered by this Part
Consultation with Privacy Commissioner before making declaration
187B(2A) Certain service providers not covered by this Part
Declaration cannot be made without consultation
Consultation with Privacy Commissioner is required
Consider interests of law enforcement and national security, Telecommunications Act 1997, Privacy Act 1988, and submissions from the Privacy Commissioner.
187B(3) Certain service providers not covered by this Part
187B(4) Certain service providers not covered by this Part
Obligation to provide written declaration.
A declaration made under subsection (2) is not a legislative instrument.
187B(5) Certain service providers not covered by this Part
Declaring something as not a legislative instrument.
Communications Access Co-ordinator must give written notice to Minister after declaration.
187B(6) Certain service providers not covered by this Part
As soon as practicable after making a declaration under subsection (2),
Communications Access Co-ordinator must give written notice to Minister.
Minister must notify Parliamentary Joint Committee on Intelligence and Security after receiving notice.
187B(7) Certain service providers not covered by this Part
Protection measures (encryption, protection from unauthorized access)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.15
Must protect confidentiality of information
187BA Ensuring the confidentiality of information
187C Period for keeping information and documents
Service provider must keep information or documents for 2 years after closure of account.
187C(1) Period for keeping information and documents
Information or documents must be kept for at least 2 years after closure of account.
(i) starting when the information or document came into existence; and (ii) ending 2 years after the closure of the account to which the information or document relates;
Information or documents are related to a service provider.
(1) The period for which a service provider must keep, or cause to be kept, information or a document under section 187A is:
Service provider must keep information or documents.
Information or documents are related to a closure of account.
Information or documents must be kept for at least 2 years.
(i) starting when the information or document came into existence; and (ii) ending 2 years after it came into existence;
Prescribes a period for keeping information and documents in relation to specified matters.
187C(2) Period for keeping information and documents
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.16
Comply with data retention implementation plan for communications carried by a service.
187D Effect of data retention implementation plans
Obligation to comply with data retention implementation plan.
Subclass of obligations related to data retention implementation plans.
187E Applying for approval of data retention implementation plans
Service provider must apply for approval of data retention implementation plan.
187E(1) Applying for approval of data retention implementation plans
Service provider must apply for approval.
Service provider must specify practices for keeping confidential information and documents, interim arrangements, and compliance day.
187E(2) Applying for approval of data retention implementation plans
Service provider must comply with obligations.
Plan must cease to be in force by specified day if approved
187E(3) Applying for approval of data retention implementation plans
must not be later than the day on which the plan would, if approved, cease to be in force under section 187H in relation to the service.
(3) The day specified under paragraph (2)(c)
Plan must specify contact details of service provider officers/employees
187E(4) Applying for approval of data retention implementation plans
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.17
187F Approval of data retention implementation plans
Approval of data retention implementation plan
Service provider must obtain approval for data retention implementation plan.
187F(1) Approval of data retention implementation plans
Consider desirability of achieving substantial compliance with section 187A and reduce regulatory burden.
187F(2) Approval of data retention implementation plans
Consider temporal interval for desirability of achieving substantial compliance.
(a) the desirability of achieving substantial compliance with section 187A (and sections 187BA and 187C) as soon as practicable;
Obligation to consider desirability of achieving substantial compliance with section 187A.
(2) Before making a decision under subsection (1), the Communications Access Co-ordinator must take into account:
Obligation to consider extent of plan reduction of regulatory burden.
(b) the extent to which the plan would reduce the regulatory burden imposed on the service provider by this Part;
Conditional approval process for data retention implementation plans
187F(3) Approval of data retention implementation plans
Obligation to make a decision within 60 days
Prohibition on not making a decision within 60 days
The Co-ordinator must not fail to make a decision
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.18
187G Consultation with agencies and the ACMA
Must provide copy of plan to enforcement agencies and security authorities, invite comments.
187G(1) Consultation with agencies and the ACMA
Must request amendment within 30 days after receiving comment or summary.
187G(2) Consultation with agencies and the ACMA
Obligation to request amendment within 30 days.
Amended plan and reasons for non-acceptance
Respond to a request for an amendment of the original plan.
187G(3) Consultation with agencies and the ACMA
Must refer request and response to ACMA, and request ACMA's determination on amendment.
187G(4) Consultation with agencies and the ACMA
Obligation to refer request and response to ACMA.
Determine in writing that the original plan should be amended in a specified manner and give a copy of the determination to the service provider.
187G(5) Consultation with agencies and the ACMA
ACMA has an obligation to determine in writing that the original plan should be amended.
Approve amended plan and notify service provider of approval
187G(6) Consultation with agencies and the ACMA
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.20
187H When data retention implementation plans are in force
Data retention implementation plan comes into force upon approval and ceases after a specified period or when the service is no longer operated.
187H(1) When data retention implementation plans are in force
...the end of the implementation phase for this Part; or ..., at the end of the period of 18 months starting on the day the service provider started to operate the service after that commencement.
Temporal interval for data retention plan implementation phase
(a) comes into force when the Communications Access Co-ordinator notifies the service provider of the approval of the plan; (b) ceases to be in force in relation to that service: ...
Service provider's obligation to implement data retention plan upon approval
Service provider's knowledge of data retention plan implementation phase
Alternative conditions for data retention plan implementation phase
187H(2) When data retention implementation plans are in force
187J Amending data retention implementation plans
Amendment of data retention implementation plans requires approval from the Communications Access Co-ordinator.
187J(1) Amending data retention implementation plans
Permits amendment of data retention implementation plans.
Approval of data retention implementation plan must be approved by the State.
187J(2) Amending data retention implementation plans
Amendment of data retention implementation plan comes into force under specific conditions.
187J(3) Amending data retention implementation plans
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.21
187K The Communications Access Co-ordinator may grant
Granting exemptions or variations to service providers
187K(1) The Communications Access Co-ordinator may grant
187K(2) The Communications Access Co-ordinator may grant
Granting decision for Communications Access Co-ordinator
187K(3) The Communications Access Co-ordinator may grant
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.23
187KA Review of exemption or variation decisions
Service provider may apply for review of exemption or variation decisions.
187KA(1) Review of exemption or variation decisions
Confirm or substitute a decision made under subsection 187K(1)
187KA(2) Review of exemption or variation decisions
Obligation to confirm or substitute a decision
Must provide a copy of the application to specified agencies and authorities.
187KA(3) Review of exemption or variation decisions
Consider interests of law enforcement and national security when making decisions about service providers.
187KA(4) Review of exemption or variation decisions
Obligation to consider interests of law enforcement and national security.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.24
187KB Commonwealth may make a grant of financial assistance to
The Commonwealth may make a grant of financial assistance to a service provider.
187KB(1) Commonwealth may make a grant of financial assistance to
The Commonwealth may make a grant of financial assistance.
Commonwealth may make a grant of financial assistance to service providers.
187KB(2) Commonwealth may make a grant of financial assistance to
The Minister may enter into an agreement on behalf of the Commonwealth.
187KB(3) Commonwealth may make a grant of financial assistance to
187L Confidentiality of applications
Must treat application as confidential and ensure it is not disclosed without permission.
187L(1) Confidentiality of applications
ACMA must treat application as confidential and ensure it is not disclosed without written permission.
187L(1A) Confidentiality of applications
ACMA must treat application as confidential.
ACMA must not disclose application without written permission.
Must treat copy of application as confidential and ensure it is not disclosed without permission.
187L(2) Confidentiality of applications
Must treat copy of application as confidential.
Must not disclose copy of application without permission.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.25
187LA Application of the Privacy Act 1988
The Privacy Act 1988 applies to service providers in relation to retained data.
187LA(1) Application of the Privacy Act 1988
The Privacy Act applies to service providers.
Information is personal if it relates to an individual or a communication involving the individual.
187LA(2) Application of the Privacy Act 1988
It is personal information about an individual if it relates to the individual or a communication involving the individual.
The information is kept under this Part.
Pecuniary penalties and infringement notices for contraventions of civil penalty provisions.
187M Pecuniary penalties and infringement notices
Prohibits pecuniary penalties and infringement notices.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.26
187N Review of operation of Part
187N(1) Review of operation of Part
Review of operation of Part must start and conclude within two years after implementation phase end.
187N(1A) Review of operation of Part
Committee must give Minister a written report of review.
187N(2) Review of operation of Part
The Committee must give the Minister a written report of the review.
Agency must keep documents and information for a specified period.
187N(3) Review of operation of Part
Agency has an obligation to keep documents and information.
Must keep authorisations and information related to a report.
187N(4) Review of operation of Part
Obligation to keep authorisations and information.
No obligation to keep information under this Act or another law is limited by subsections (3) and (4).
187N(5) Review of operation of Part
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.27
187P Annual reports
Annual report must be prepared by the Minister after each June 30th.
187P(1) Annual reports
Must include information about costs and data retention plans.
187P(1A) Annual reports
Annual report must be included in the report prepared under subsection 186(2)
187P(2) Annual reports
The annual report contains information about the year ending on that 30 June
(2) A report under subsection (1) must be included in the report prepared under subsection 186(2) relating to the year ending on that 30 June.
If a report is prepared under subsection (1), then it must include an annual report in the report prepared under subsection 186(2)
Obligation to include annual report in the report prepared under subsection 186(2)
Report cannot be made in a manner that enables identification of a person.
187P(3) Annual reports
Report must not be made in a manner that enables identification of a person.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.28
Defines retained data as having the same meaning as in the Telecommunications (Interception and Access) Act 1979.
1A Section 4
1B Paragraphs 94(2A)(a) and (b)
Requires reporting of certain data retention information
1C At the end of subsection 94(2A)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.29
1D After subsection 94(2A)
Report must specify authorizations for information or documents held for certain lengths of time.
1D(2B) After subsection 94(2A)
The Minister may declare kinds of information to be set out in a report.
1D(2C) After subsection 94(2A)
(2C) The Minister may, by legislative instrument, declare kinds of information that are to be set out in a report under subsection (1).
No artificial intelligence application specified.
Permission to declare kinds of information.
1E Section 3
Review of retained data activities and reports under specific Acts
1F After paragraph 29(1)(bb)
Imposes a duty on the State to review certain matters
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.30
1G At the end of section 29
Exempts certain actions from paragraphs (3)(c) and (k)
1G(4) At the end of section 29
Service providers cannot review retained data activities.
1G(5) At the end of section 29
...are to be performed for the sole purpose of assessing, and making recommendations on...
(5) The Committee’s functions under paragraphs (1)(bd) and (be):...
...do not permit reviewing the retained data activities of service providers;
Prohibits reviewing retained data activities.
Extends meaning of personal information to cover information kept under Part 5-1A of the Telecommunications (Interception and Access) Act.
1H Subsection 6(1) (at the end of the definition of personal
Temporal interval during which information is covered
During the period specified in Part 5-1A of the Telecommunications (Interception and Access) Act
Section 187LA of the Telecommunications (Interception and Access) Act
Extends the meaning of personal information
Information covered by the extended definition
Covers information kept under Part 5-1A of the Telecommunications (Interception and Access) Act
Personal information definition subsumes Part 5-1A
Subsumes Part 5-1A of the Telecommunications (Interception and Access) Act under personal information definition
Validates that information kept under Part 5-1A of the Telecommunications (Interception and Access) Act is covered by personal information definition
Service providers are treated as organisations for the purposes of this Act.
1J Subsection 6C(1) (note)
Section 187LA of the Telecommunications (Interception and Access) Act 1979
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.31
Add a provision of the Telecommunications (Interception and Access) Act 1979 declared to be a civil penalty provision.
2 Section 7 (at the end of the definition of civil penalty
3 Subsection 105(5A)
Disclosure of information or document not prohibited in certain circumstances
3A After subsection 280(1A)
Temporal relation between disclosure and civil proceeding
Permission to disclose information or document
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.32
3B Section 281
3C At the end of section 281
Disclosure of information or document by a person as a witness in a civil proceeding is permitted for specific purposes.
3C(2) At the end of section 281
Permission to disclose information or document.
3C(3) At the end of section 281
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.33
4 Subsection 314(8)
5 Subsection 5(1)
same meaning as in the Intelligence Services Act 2001
Same meaning as Intelligence Services Act 2001
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.35
6 At the end of subsection 6R(3)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.36
Dealing in connection with Organisation’s or Inspector-General’s functions is prohibited.
64 Dealing in connection with Organisation’s or Inspector-General’s
Imposes a prohibition on dealing with Organisation’s or Inspector-General’s functions.
6A After section 6DB
Repeal heading and substitute with new text.
6B Section 64 (heading)
Insertion of additional functions into the Inspector-General's duties
6C Subsection 64(1)
Allow communication with foreign intelligence information
6D Subsection 64(2)
6DC Part 4-1 issuing authorities
6DC(1) Part 4-1 issuing authorities
Temporal relation between Minister's appointment and issuing authority's role
6DC(2) Part 4-1 issuing authorities
Appointment ceases if the person ceases to be appointable or is revoked by writing.
6DC(3) Part 4-1 issuing authorities
(b) the Minister, by writing, revokes the appointment.
Part 4-1 issuing authority has a duty to perform or exercise its function or power.
6DC(4) Part 4-1 issuing authorities
Conditional commencement of authorization period
6E Paragraph 176(5)(b)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.37
Must revoke authorisation under certain conditions.
6F Subsection 176(6)
Specifies the time period for an authorization to remain in force.
6G Paragraph 180(6)(b)
Must revoke authorisation if disclosure is no longer required
6H Subsection 180(7)
Prohibition of revoking authorisation without disclosure being required
Interference with privacy must be proportionate and justifiable.
6J Section 180F
Requires consideration of conduct gravity, including seriousness of offence and pecuniary penalty.
6K Before paragraph 180F(a)
Requires consideration of conduct gravity.
6L After Division 4B of Part 4-1
Enable compliance with obligations under section 185D or 185E
6M After subparagraph 181A(3)(b)(i)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.49
Disclosure to IGIS official for exercising powers or performing functions under the Inspector-General of Intelligence and Security Act 1986.
6N After paragraph 181A(3)(b)
Disclosure overlaps with IGIS official's powers and functions
IGIS official has power to exercise powers or perform functions under the Act
Disclosure overlaps with IGIS official's knowledge
Disclosure must be made to IGIS official
Obligation to disclose information to IGIS official
Disclosure diffuses to IGIS official's powers and functions
Enabling a person to comply with obligations under section 185D or 185E
6P After subparagraph 181A(6)(b)(i)
Insertion of IGIS official's use in connection with exercising powers or performing functions under the Inspector-General of Intelligence and Security Act 1986.
6Q After paragraph 181A(6)(b)
6R After subparagraph 181B(3)(b)(i)
6S Before subparagraph 181B(6)(b)(i)
Enabling a person to comply with obligations
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.50
Disclosure of non-missing person information is permitted under certain conditions.
6T Subsection 182(2)
Permission to disclose non-missing person information.
A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
6U Subsection 182(3)
6V At the end of Division 6 of Part 4-1
Section does not limit subsection 187N(3)
6W At the end of section 185
Amendment of Telecommunications (Interception and Access) Act 2015
6X After section 185C
6Y At the end of subsection 186(1)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.56
6Z After subsection 186(1)
Defines categories for report under subsection (1B)
6Z(1A) After subsection 186(1)
Minister may declare categories of offences and other matters.
6Z(1B) After subsection 186(1)
Report must specify authorizations and documents held for certain lengths of time.
6Z(1C) After subsection 186(1)
Must provide report with specified information
Disregard certain authorisations under subsection 180(2) for the purposes of paragraph (1)(f).
6Z(1D) After subsection 186(1)
disregard any authorisations under subsection 180(2), except to the extent that they include authorisations under subsection 180(3).
Excluding certain authorisations over time.
(1D) For the purposes of paragraph (1)(f),
The Minister may declare kinds of information to be set out in the report.
6Z(1E) After subsection 186(1)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.58
Applicable amendments for existing information and documents
7 Existing information and documents
Service provider must not reduce period for keeping information or documents before specified commencement.
8 Reducing the period for keeping information or documents
Service provider may apply for approval of data retention implementation plan or amendment.
9 Applications made before commencement of Part 5-1A
After the commencement of Part 5-1A of that Act as so amended.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.61
Omit 'an enforcement agency', substitute 'a criminal law-enforcement agency'.
1 Subparagraphs 107J(1)(a)(i) and (ii)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.69
10 Section 107G
Repeal of heading and substitution with new text
11 Subsection 107J(1) (heading)
Prohibition of notices given by criminal law-enforcement agencies
Prohibition on applying for stored communications warrants
110 Criminal law-enforcement agencies may apply for stored
Prohibits application of stored communications warrants
List of criminal law-enforcement agencies
110A Meaning of criminal law-enforcement agency
Identifies a criminal law-enforcement agency
(1) Each of the following is a criminal law-enforcement agency:
12 Paragraphs 107L(2)(a), 107M(1)(a), (2)(a) and (3)(a)
Prohibits the use of 'an enforcement agency'
13 Part 3-3 (heading)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.71
Law enforcement agencies must provide evidentiary certificates relating to actions by criminal
130 Evidentiary certificates relating to actions by criminal
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.72
Employee may communicate information to criminal law-enforcement agency
138 Employee of carrier may communicate information to criminal
14 Section 110 (heading)
15 Subsections 111(3) and 116(1)
Omit 'enforcement agency', substitute 'criminal law-enforcement agency'.
16 Subparagraph 120(1)(a)(i)
Prohibits the use of 'enforcement agency'
Omit 'an enforcement agency's', substitute 'a criminal law-enforcement agency's'.
17 Subsection 120(2)
Substitute 'a criminal law-enforcement agency's'
Prohibits the use of 'an enforcement agency's'
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.64
176A Meaning of enforcement agency
176A(1) Meaning of enforcement agency
Request for Minister to declare authority or body as enforcement agency.
176A(2) Meaning of enforcement agency
(2) The head of an authority or body may request the Minister...
Justification for declaration as enforcement agency
...the authority or body to be an enforcement agency.
(2) The head of an authority or body may request the Minister to declare...
...and declare the authority or body as an enforcement agency.
Declaration of enforcement agency authority and officers
176A(3) Meaning of enforcement agency
Minister has permission to make declaration without head of authority's request
176A(3A) Meaning of enforcement agency
(3A) The Minister may make the declaration...
Minister must be satisfied on reasonable grounds before making declaration.
176A(3B) Meaning of enforcement agency
...the Minister is satisfied on reasonable grounds that...
Minister's satisfaction on reasonable grounds must occur during declaration-making process.
(3B) The Minister must not make the declaration unless...
Minister has a duty to make declaration only if satisfied on reasonable grounds.
...the Minister is not satisfied on reasonable grounds that...
Minister cannot make declaration without being satisfied on reasonable grounds.
...the functions of the authority or body no longer include: (a) enforcement of the criminal law; or...
Minister's declaration only applies until functions of authority or body change.
Consideration of factors before making declaration
176A(4) Meaning of enforcement agency
Restrict access to stored communications and telecommunications data
176A(4A) Meaning of enforcement agency
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.70
18 Subparagraph 120(2)(b)(ii)
Omit 'enforcement agency's', substitute 'criminal law-enforcement agency's'.
19 Paragraph 120(3)(a)
Omit 'An enforcement agency', substitute 'A criminal law-enforcement agency'.
2 Subsection 110(1)
20 Paragraph 120(3)(a)
21 Subsection 120(4)
22 Subsection 122(1)
23 Paragraph 122(1)(a)
24 Subsection 122(2)
Omit “other enforcement agency”, substitute ‘other criminal law-enforcement agency’.
25 Subsection 122(2)
26 Subsection 122(3)
27 Subsection 123(1)
Omit 'other enforcement agency', substitute 'other criminal law-enforcement agency'.
28 Subsection 123(1)
29 Subsection 123(2)
3 After section 110
Omit 'an enforcement agency' and substitute 'a criminal law-enforcement agency'.
30 Subsection 127(2)
31 Paragraphs 127(2)(a) and (b)
32 Subsections 127(3) and 128(1)
33 Subsection 128(3)
34 Section 130 (heading)
35 Subsections 130(1) and (2)
36 Section 131
37 Subsection 135(1) (heading)
Imposes prohibition on communicating information to criminal law-enforcement agencies
38 Paragraph 135(1)(a)
39 Subsection 135(2)
4 Before section 177
40 Section 138 (heading)
41 Subsection 138(2)
42 Subsection 139(1)
Substitute 'criminal law-enforcement agency' for 'enforcement agency'
43 Paragraph 139(2)(a)
Imposes a duty on the legislative body to use correct terminology
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.73
44 Paragraph 150(1)(a)
45 Subsections 159(1) and 160(1)
46 Subsections 161A(1) and (2) and 162(1)
47 Section 163
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.74
Continuation of existing domestic preservation notices after commencement.
48 Existing domestic preservation notices
Existing stored communications warrants continue in force after commencement.
49 Existing stored communications warrants
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.68
Omit 'Misconduct', substitute 'Corruption'
5 Subsection 5(1) (definition of Crime and Misconduct
Continuation of existing authorisation after commencement
50 Existing authorisations
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.75
Certificates issued under certain sections of the Telecommunications (Interception and Access) Act 1979 continue in force after commencement.
51 Evidentiary certificates
the certificate continues in force until the end of the period.
Certificates issued under certain sections of the Telecommunications (Interception and Access) Act 1979 are in force during the period after commencement.
(b) on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);
the certificate continues in force as if the authority or body were a criminal law-enforcement agency.
(a) an authority or body issued a certificate under section 107U or 130 of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule;
the certificate continues in force as if the authority or body were an enforcement agency.
(a) an authority or body issued a certificate under section 185C of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule;
(b) on that commencement, the authority or body is not an enforcement agency;
Repeal and redefine criminal law-enforcement agency definition.
6 Subsection 5(1) (definition of criminal law-enforcement
Repeal definition, substitute with new meaning.
7 Subsection 5(1) (definition of enforcement agency)
Specify persons as officers for criminal law-enforcement agencies or enforcement agencies.
8 Subsection 5(1) (at the end of the definition of officer)
9 Section 107G
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.77
Substitute Chapter 4A for certain references.
1 Subsection 5C(1)
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.89
Exempts pre-commencement actions from certain sections of the Telecommunications (Interception and Access) Act 1979.
10 Obligation to keep records
(1) Sections 151 and 186A of the Telecommunications (Interception and Access) Act 1979 as amended by this Act do not apply in relation to anything done before the commencement of this Schedule.
(2) Despite the repeal of sections 150A and 151 of the Telecommunications (Interception and Access) Act 1979 by this Act, those sections continue to apply in relation to things done before the commencement of this Schedule as if those sections had not been repealed.
Imposes an obligation on the state to exempt pre-commencement actions.
Includes actions done before the commencement of the schedule.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.78
Agency must keep records for specified period.
151 Obligation to keep records
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.79
Chief officer must keep records for specified period.
186A Obligation to keep records
Chief officer must cause records to be kept.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.82
186B Inspection of records
The Ombudsman must inspect records of an enforcement agency to determine compliance.
186B(1) Inspection of records
Ombudsman may enter premises, access records, and require staff information.
186B(2) Inspection of records
Ombudsman has permission to enter premises.
Ombudsman may require staff information.
Ombudsman must give reasonable notice to chief officer before inspection.
186B(3) Inspection of records
Before inspection, the Ombudsman must give reasonable notice.
The Ombudsman must give reasonable notice.
The chief officer must receive notice before inspection.
Must provide assistance to the Ombudsman
186B(4) Inspection of records
(4) The chief officer must ensure that members of staff of the agency give the Ombudsman any assistance the Ombudsman reasonably requires to enable the Ombudsman to perform functions under this section.
No obligation to inspect all relevant records.
186B(5) Inspection of records
Ombudsman may refrain from inspecting records under certain conditions.
186B(6) Inspection of records
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.83
Ombudsman may obtain relevant information from an officer of a particular enforcement agency.
186C Power to obtain relevant information
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.84
186D Ombudsman to be given information and access despite other
Must provide information despite other laws or interests.
186D(1) Ombudsman to be given information and access despite other
Information obtained as a consequence of giving access to a document cannot be used in evidence against the person except in specific cases.
186D(2) Ombudsman to be given information and access despite other
Prohibits use of information as evidence in certain cases.
An officer of an enforcement agency must provide information and access to an inspecting officer.
186D(3) Ombudsman to be given information and access despite other
Enforcement agency must provide information to a person.
186D(4) Ombudsman to be given information and access despite other
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.85
186E 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 Chapter.
186E(1) Application of Ombudsman Act
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 Chapter.
(1) Section 11A of the Ombudsman Act 1976 does not apply
Excluding references to inspecting officer actions under Chapter 19 of the Ombudsman Act 1976.
186E(2) Application of Ombudsman Act
Omit reference to inspecting officer actions under Chapter 19.
Exclude references to inspecting officer actions.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.86
186F Exchange of information between Ombudsman and State
Exchange of information between Ombudsman and State
186F(1) Exchange of information between Ombudsman and State
Ombudsman must provide information to State if necessary for inspecting authority's functions.
186F(2) Exchange of information between Ombudsman and State
Ombudsman may receive information from inspecting authority.
186F(3) Exchange of information between Ombudsman and State
186G Delegation by Ombudsman
The Ombudsman may delegate certain powers to APS employees or persons with similar oversight functions.
186G(1) Delegation by Ombudsman
Delegate must provide instrument of delegation upon request.
186G(2) Delegation by Ombudsman
Delegate must provide instrument of delegation.
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.87
Ombudsman not liable to action for acts done in good faith
186H Ombudsman not to be sued
Therefore, the Ombudsman is not liable to action for acts done in good faith.
Obligation implies non-liability for actions taken in good faith
186J Reports
The Ombudsman must report to the Minister.
186J(1) Reports
Must provide report to Minister after financial year end.
186J(2) Reports
Describes the timing of providing a report.
(2) The report under subsection (1) must be given to the Minister as soon as practicable after the end of the financial year.
Describes the implication of providing a report.
Describes the action of providing a report.
Report must be laid before each House of Parliament within 15 sitting days.
186J(3) Reports
The Ombudsman must report to the Minister in writing about the results of an inspection.
186J(4) Reports
Ombudsman may include report on contravention in inspection report.
186J(5) Reports
Obligation to provide report on contravention
Must not refuse attending, giving information, or answering questions when required.
2 At the end of section 87
Prohibition of refusing to attend, give information, or answer questions.
Insert 'or Chapter 4A' after certain phrases.
3 Section 134
4 Part 3-5 (heading)
Repeal of Divisions and substitution with a new Schedule
5 Divisions 1 and 2 of Part 3-5
6 At the end of Part 4-2
Insert Chapter 4A—Oversight by the Commonwealth Ombudsman
7 Before Chapter 5
Continuation of inspection under amended Act
8 Existing inspections by the Ombudsman
Conditional commencement of section 186J of the Telecommunications (Interception and Access) Act 1979.
9 Reports
telecommunications-interception-and-access-amendment-data-retention-act-2015.pdf, p.6
1 Short title
1 Section 1
13 April 2015
13 October 2015
Commencement rules for provisions in the Act.
2 Commencement
Schedule 1 items 1 to 7, effective after the end of a 6-month period from Act receipt.
2 Section 2
3 Section 3
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
An Act to amend the Telecommunications (Interception and Access) Act 1979, and for related purposes
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015