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Legislation in schedules is amended or repealed according to its terms.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