telecommunications-interception-and-access-act-1979.pdf, p.17
1 Short title
telecommunications-interception-and-access-act-1979.pdf, p.260
1 July 1988;
The Ombudsman may inspect agency records to ensure compliance with specified sections.
1(2) July 1988;
The Ombudsman may inspect records to ensure compliance with conditions.
1(3) July 1988;
The Ombudsman's inspection occurs during that period.
The inspection occurs during a specific period.
The contravention occurred in that period.
The Ombudsman has an obligation to ensure compliance.
The chief officer notifies the Ombudsman of a contravention.
The chief officer has permission to notify the Ombudsman.
The chief officer notifies the Ombudsman under subsection 59B(2).
The agency has an obligation to comply with conditions.
The conditions mentioned in subsection 59B(2) are about Part 5.3 warrants.
Inspect records to ensure compliance with Part 15 of the Telecommunications Act 1997.
1(4) July 1988;
... in order to ascertain the extent to which the agency’s officers have complied with Part 15 of the Telecommunications Act 1997.
Establish temporal relation between agency's actions and Part 15 of the Telecommunications Act 1997.
(b) a Commonwealth agency has records that relate to the performance of that function or the exercise of that power;
Construct knowledge graph about agency's compliance with Part 15 of the Telecommunications Act 1997.
Ensure compliance with Part 15 of the Telecommunications Act 1997.
Diffuse information about agency's compliance with Part 15 of the Telecommunications Act 1997.
Establish recurring trace between agency's actions and compliance with Part 15 of the Telecommunications Act 1997.
telecommunications-interception-and-access-act-1979.pdf, p.124
10 Issue of warrant by Director-General of Security in emergency
Authorization for warrant issuance under section 9 or 9A
10(1) Issue of warrant by Director-General of Security in emergency
(a) the Director-General of Security has forwarded or made a request...
Interception of telecommunications not being accessed as stored communications after they have ceased to pass over a telecommunications system.
10(1A) Issue of warrant by Director-General of Security in emergency
Prohibits interception of stored communications after they have ceased to pass over a telecommunications system.
Classifies intercepted communications as not being accessed as stored communications after they have ceased to pass over a telecommunications system.
entry may be made without permission first being sought or demand first being made
Authorization for entry without permission or demand
10(2) Issue of warrant by Director-General of Security in emergency
Warrant revocation by Attorney-General within 48 hours
10(3) Issue of warrant by Director-General of Security in emergency
The warrant's duration overlaps with the Attorney-General's power to revoke.
Temporal overlap between warrant and revocation
(3) A warrant under this section shall specify the period for which it is to remain in force, being a period that does not exceed 48 hours,
The Attorney-General can infer their power to revoke from the warrant.
The Attorney-General may revoke the warrant at any time before expiration.
Prohibits warrant revocation after specified period
The Attorney-General's power to revoke diffuses from the warrant.
Warrant revocation diffuses to Attorney-General
The warrant's duration ends before the Attorney-General can revoke.
Temporal relationship between warrant and revocation
a copy of the warrant and a statement of grounds
Furnishing information to the Attorney-General upon issuing a warrant
10(4) Issue of warrant by Director-General of Security in emergency
Copy of warrant must be given to Inspector-General within 3 working days
10(5) Issue of warrant by Director-General of Security in emergency
telecommunications-interception-and-access-act-1979.pdf, p.276
100 Report to set out how many applications made and warrants
telecommunications-interception-and-access-act-1979.pdf, p.279
Report must contain particulars about duration of warrants
101 Report to contain particulars about duration of warrants
telecommunications-interception-and-access-act-1979.pdf, p.281
102 Report to contain information about effectiveness of warrants
Report on arrests and prosecutions must be provided by Commonwealth agencies and authorities.
102(1) Report to contain information about effectiveness of warrants
Report must contain information about effectiveness of warrants
102(2) Report to contain information about effectiveness of warrants
telecommunications-interception-and-access-act-1979.pdf, p.284
Agency must report interceptions without warrant.
102A Report regarding interceptions without warrant
Report must provide information on intercepted communications with foreign countries and international courts.
102B Report regarding international requests
Must provide total warrant expenditure, number of warrants, and information about judges and interceptions.
103 Other information to be included in report
telecommunications-interception-and-access-act-1979.pdf, p.286
103B Deferral of inclusion of information in report
The Minister must include certain information in the next report.
103B(1) Deferral of inclusion of information in report
The Minister must include certain information.
Chief officer must be satisfied that information is Part 5.3 information or
103B(2) Deferral of inclusion of information in report
telecommunications-interception-and-access-act-1979.pdf, p.289
104 Annual reports
Minister must lay a report before each House of Parliament within 15 sitting days.
104(1) Annual reports
Annual reports must not enable identification of a person.
104(2) Annual reports
Prohibits reporting that enables identification of a person.
Deems a report as a periodic report that must be furnished to the Minister.
104(3) Annual reports
Imposes an obligation on the person to furnish the report.
telecommunications-interception-and-access-act-1979.pdf, p.290
105 Contravention of section 7 or 63
Guilty of an offence against subsection or section
105(1) Contravention of section 7 or 63
Offence against subsection 7(1) or section 63 is punishable on conviction.
105(2) Contravention of section 7 or 63
Court may hear and determine proceedings in respect of an indictable offence under certain conditions.
105(3) Contravention of section 7 or 63
Court has permission to hear proceedings
Proceedings brought in name of Attorney-General or Director of Public Prosecutions
Imprisonment for a period not exceeding 6 months is prohibited for certain convictions.
105(4) Contravention of section 7 or 63
Imprisonment for a period not exceeding 6 months
The penalty overlaps with imprisonment for a period not exceeding 6 months.
(4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection 7(1) or section 63, the penalty that the court may impose is imprisonment for a period not exceeding 6 months.
Classifies the penalty as a type of punishment.
Imprisonment for a period not exceeding 6 months is prohibited.
Prohibits imprisonment for a period not exceeding 6 months.
The penalty diffuses to other related penalties
The penalty can be imposed multiple times
The penalty is recurring in the sense that it can be imposed multiple times.
Imposes obligation on the state to apply a specific provision of the Criminal Code.
105(5) Contravention of section 7 or 63
telecommunications-interception-and-access-act-1979.pdf, p.111
105A Section 105A
106 Obstruction
No person shall obstruct or hinder a person acting under a warrant.
106(1) Obstruction
(1) A person shall not obstruct or hinder a person acting under a warrant.
A reasonable excuse is a valid reason for obstructing or hindering.
106(2) Obstruction
The definition is based on the concept of a reasonable excuse.
Definition of a temporal interval for a reasonable excuse.
Subsection (1) does not apply if the person obstructing or hindering has a reasonable excuse.
The defendant bears an evidential burden in relation to the matter in subsection (2).
Obligation to provide a reasonable excuse.
The state must provide evidence of a reasonable excuse.
State obligation to provide a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subsection (2).
The diffusion is based on the concept of a reasonable excuse.
Diffusion of information about reasonable excuses.
The recurring trace is based on the concept of a reasonable excuse.
Recurring trace for a reasonable excuse.
telecommunications-interception-and-access-act-1979.pdf, p.291
107 Offences relating to inspections under Part 2-7
Refusal or failure to attend, furnish information, or answer questions when required under section 87.
107(1) Offences relating to inspections under Part 2-7
Refusal or failure overlaps with the requirements of section 87.
Temporal overlap between refusal or failure and section 87 requirements.
Section 87 requires attendance, furnishing of information, and answering of questions at some point.
Prohibition of refusal or failure to attend, furnish information, or answer questions.
Section 87 requires attendance, furnishing of information, and answering of questions.
The person shall attend, furnish information, and answer questions.
Duty to attend, furnish information, and answer questions when required under section 87.
Prohibition of refusal or failure to comply with section 87 requirements.
Refusal or failure repeats in relation to the requirements of section 87.
Repeating pattern of refusal or failure in relation to section 87 requirements.
Prohibition on obstructing or providing false information during inspections.
107(2) Offences relating to inspections under Part 2-7
Prohibition on obstructing or providing false information.
Defendant bears evidential burden in relation to reasonable excuse.
107(3) Offences relating to inspections under Part 2-7
Defendant's actions are relevant to the matter in subsection (3).
Defendant's actions occur within a specific time frame.
Subsection (3) does not apply if the person has a reasonable excuse.
Defendant's actions are inferred from their belief.
Defendant must provide evidence of reasonable excuse.
Defendant's belief is relevant to the matter in subsection (3).
Defendant believes they have a reasonable excuse.
Defendant's actions are part of a recurring pattern.
telecommunications-interception-and-access-act-1979.pdf, p.292
107A Civil remedies—unlawful interception or communication
Prohibition on unlawful interception or communication
107A(1) Civil remedies—unlawful interception or communication
Prohibits interception of communications
Definition of aggrieved person for civil remedies
107A(2) Civil remedies—unlawful interception or communication
Grant remedial relief in respect of interception
107A(3) Civil remedies—unlawful interception or communication
Remedial relief for unlawful interception or communication
107A(4) Civil remedies—unlawful interception or communication
Court may grant remedial relief to aggrieved person if convicted of offence against subsection 7(1)
107A(5) Civil remedies—unlawful interception or communication
Court may grant remedial relief to aggrieved person if defendant is convicted of an offence against section 63
107A(6) Civil remedies—unlawful interception or communication
Granting remedial relief is an obligation on the court
telecommunications-interception-and-access-act-1979.pdf, p.295
107B Limitation periods etc.
Application for remedial relief must be made within 6 years after the end of interception.
107B(1) Limitation periods etc.
Application must be made within 6 years.
Application for remedial relief must be made within 6 years after communication.
107B(2) Limitation periods etc.
Must be made as soon as practicable after conviction concerned.
107B(3) Limitation periods etc.
Temporal interval of application must be contained within the temporal interval of conviction concerned.
Application made as soon as practicable after conviction concerned.
Obligation to make application as soon as practicable.
No limitation on liability under other provisions of this Act or laws
107C No limitation on other liability
Therefore, no limitation implies no liability under other provisions
No limitation implies no liability under other provisions
telecommunications-interception-and-access-act-1979.pdf, p.296
No exclusion or limitation of State/Territory laws
107D Concurrent operation of State and Territory laws
No remedial relief beyond what the State/Territory law allows
107E State or Territory courts—jurisdictional limits
A reference in this Part to the conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
107F Extended meaning of conviction—orders under section 19B of
The making of an order under section 19B is included in the reference.
Includes the making of an order under section 19B in relation to a person in respect of an offence.
telecommunications-interception-and-access-act-1979.pdf, p.297
Carrier must preserve stored communications upon receipt of preservation notice.
107G Outline of this Part
Carrier has a duty to preserve communications.
telecommunications-interception-and-access-act-1979.pdf, p.299
107H Domestic preservation notices
Carrier must preserve stored communications upon receipt of a domestic preservation notice.
107H(1) Domestic preservation notices
The carrier must preserve the stored communications.
Carrier must preserve stored communications.
The carrier receives a domestic preservation notice.
Agency must give notice only if conditions are satisfied.
107H(2) Domestic preservation notices
Agency can only specify one or more telecommunications services in a notice.
107H(3) Domestic preservation notices
(3) In the notice, the agency can only specify: (a) one person; or (b) one or more telecommunications services; or (c) one person and one or more telecommunications services.
Conditions for giving domestic preservation notices
107J Conditions for giving domestic preservation notices
telecommunications-interception-and-access-act-1979.pdf, p.301
A domestic preservation notice ceases to be in force after 90 days or upon revocation.
107K When a domestic preservation notice is in force
The notice ceases to be in force at the end of the period.
The notice is in force during a period of 90 days.
The notice is in force until the end of the period.
The notice's duration is publicly known.
The notice diffuses information about its duration.
The notice ceases to be in force at the earliest of the specified times.
Until the revocation or warrant expiration
The notice is in force until the revocation or warrant expiration.
Issuing agency may revoke domestic preservation notice at any time.
107L Revoking a domestic preservation notice
telecommunications-interception-and-access-act-1979.pdf, p.302
107M Persons who act on the issuing agency’s behalf
Only issuing agency's authorized representative can give or revoke historic domestic preservation notice.
107M(1) Persons who act on the issuing agency’s behalf
Authorization must be given before historic domestic preservation notice can be issued.
Only authorized representative can give or revoke historic domestic preservation notice.
Only authorized representative can act on behalf of issuing agency.
Only authorized representative can give or revoke historic domestic preservation notice if issuing agency is a criminal law-enforcement agency.
Authorization requirement for criminal law-enforcement agencies
Only authorized representative can act on behalf of criminal law-enforcement agency.
Only authorized representative can give or revoke historic domestic preservation notice if issuing agency is the Organisation.
Authorization requirement for Organisation
Only authorized representative can act on behalf of Organisation.
Only authorized officers can act on behalf of the issuing agency.
107M(2) Persons who act on the issuing agency’s behalf
Revocation of domestic preservation notice requires specific agency authorization.
107M(3) Persons who act on the issuing agency’s behalf
Defines the temporal scope of revocation authorization.
(3) An ongoing domestic preservation notice may only be revoked on behalf of an issuing agency by: (a) if the issuing agency is a criminal law-enforcement agency that is an interception agency—an authorised officer of the agency; and (b) if the issuing agency is the Organisation—a certifying person. Chapter 3 Preserving and accessing stored communications
Represents knowledge about revocation authorization.
Prohibits revocation without proper authorization.
Describes how revocation authorization spreads through the system.
Establishes a temporal relationship between revocation authorization.
telecommunications-interception-and-access-act-1979.pdf, p.304
107N When a foreign preservation notice can be given
Written notice (foreign preservation notice)
Carrier must preserve stored communications upon receipt of foreign preservation notice.
107N(1) When a foreign preservation notice can be given
Specify one or more telecommunications services in a foreign preservation notice.
107N(2) When a foreign preservation notice can be given
107P Condition for giving a foreign preservation notice
Request for preservation of stored communications
107P(1) Condition for giving a foreign preservation notice
Request for preservation notice must be in writing and specify certain information.
107P(2) Condition for giving a foreign preservation notice
Entity must provide certain information in writing.
telecommunications-interception-and-access-act-1979.pdf, p.305
Ceases when Chapter 3 is accessed or preserved
107Q When a foreign preservation notice is in force
telecommunications-interception-and-access-act-1979.pdf, p.306
107R Revoking a foreign preservation notice
Revocation of foreign preservation notice after 180 days without access request
107R(1) Revoking a foreign preservation notice
then the Australian Federal Police must, by the third working day after the end of that period, revoke the preservation notice by giving the carrier to whom it was given written notice of the revocation.
Entity must revoke preservation notice after 180 days without access request
(a) an entity requests under section 107P the Australian Federal Police to arrange for the preservation of stored communications that are held by a carrier; and (b) in response to the request, the Australian Federal Police gives a foreign preservation notice to the carrier in relation to those stored communications under subsection 107N(1); and (c) during the period of 180 days starting on the day the carrier was given the notice, the entity did not make an access request to the Attorney-General to arrange for access to those communications;
Must revoke foreign preservation notice within 3 working days after refusal of access request.
107R(2) Revoking a foreign preservation notice
Must revoke foreign preservation notice.
Entity must revoke request for preservation notice revocation within three working days.
107R(3) Revoking a foreign preservation notice
Australian Federal Police must revoke notice
Entity requests preservation notice revocation
Withdrawal notification given to Australian Federal Police
telecommunications-interception-and-access-act-1979.pdf, p.307
Must provide foreign preservation notice on behalf of AFP
107S Persons who act on the AFP’s behalf
telecommunications-interception-and-access-act-1979.pdf, p.308
107T Evidentiary certificates relating to actions by carriers
Authorized personnel may issue written certificates
107T(1) Evidentiary certificates relating to actions by carriers
Exempt proceeding evidence of document purporting to be a certificate issued under subsection (1)
107T(2) Evidentiary certificates relating to actions by carriers
Obligation to receive document in evidence
Determination of corporate subsidiary relationship
107T(3) Evidentiary certificates relating to actions by carriers
is to be determined in the same manner as...
Determines the question whether a body corporate is a subsidiary of another body corporate
(3) For the purposes of this section, the question...
107U Evidentiary certificates relating to actions by issuing agencies
Issuing a written certificate by a certifying official of an issuing agency.
107U(1) Evidentiary certificates relating to actions by issuing agencies
Exempt proceeding evidence of certificate matters
107U(2) Evidentiary certificates relating to actions by issuing agencies
telecommunications-interception-and-access-act-1979.pdf, p.309
Exempt proceedings must receive certified copies of preservation notices as evidence.
107V Certified copies of preservation notices
Exempt proceedings must receive certified copies of preservation notices.
Notice must be given to an authorized representative of the carrier.
107W How notices are to be given to carriers
Prohibits giving notices to carriers without authorization.
telecommunications-interception-and-access-act-1979.pdf, p.310
108 Stored communications not to be accessed
Accessing stored communications without knowledge of sender and recipient is prohibited.
108(1) Stored communications not to be accessed
(1) A person commits an offence if: (a) the person: (i) accesses a stored communication; or (ii) authorises, suffers or permits another person to access a stored communication; or (iii) does any act or thing that will enable the person or another person to access a stored communication; and
Accessing stored communications during knowledge of neither sender nor recipient.
Prohibits accessing stored communications without knowledge of sender and recipient.
(1) A person commits an offence if: (a) the person: (i) accesses a stored communication; or (ii) authorises, suffers or permits another person to access a stored communication; or (iii) does any act or thing that will enable the person or another person to access a stored communication; and (b) the person does so with the knowledge of neither of the following: (i) the intended recipient of the stored communication; (ii) the person who sent the stored communication.
Diffuses knowledge of neither sender nor recipient.
Accessing stored communications until knowledge of neither sender nor recipient.
Prohibition on accessing stored communications without notice
108(1A) Stored communications not to be accessed
Prohibits access to stored communications
Exemptions from prohibition on accessing stored communications
108(2) Stored communications not to be accessed
telecommunications-interception-and-access-act-1979.pdf, p.314
Authorises interception of communications
109 Access to stored communications under Part 2-2 warrants
Imposes duty on the state to authorise interception
telecommunications-interception-and-access-act-1979.pdf, p.315
110 Criminal law-enforcement agencies may apply for stored
Criminal law-enforcement agencies may apply for stored communications warrants.
110(1) Criminal law-enforcement agencies may apply for stored
Application must be made on behalf of the agency by a person or officer
110(2) Criminal law-enforcement agencies may apply for stored
Application must be made on behalf of the agency
Nomination of office or position for agency management
110(3) Criminal law-enforcement agencies may apply for stored
Nomination under subsection (3) is not a legislative instrument.
110(4) Criminal law-enforcement agencies may apply for stored
Defines criminal law-enforcement agencies
110A Meaning of criminal law-enforcement agency
telecommunications-interception-and-access-act-1979.pdf, p.319
110B Declarations in relation to the Immigration and Border
The Minister may declare certain provisions do not apply to the Immigration and Border Protection Department.
110B(1) Declarations in relation to the Immigration and Border
The Minister may declare stored communications by legislative instrument.
110B(2) Declarations in relation to the Immigration and Border
Permission to declare stored communications.
telecommunications-interception-and-access-act-1979.pdf, p.320
111 Form of applications
111(1) Form of applications
Telephone application permitted under urgent circumstances
111(2) Form of applications
Authorises persons for purposes of subsection (2)
111(3) Form of applications
Application must provide agency name and applicant's name.
112 Contents of written applications
113 Affidavits to accompany written applications
Affidavit must be provided with written application
113(1) Affidavits to accompany written applications
Affidavits must set out facts and grounds for application
113(2) Affidavits to accompany written applications
Affidavits accompanying written applications
Allow written applications with multiple affidavits
113(3) Affidavits to accompany written applications
telecommunications-interception-and-access-act-1979.pdf, p.321
Information must be provided on telephone applications.
114 Information to be given on telephone applications
115 Giving further information to Judge
Issuing authority may require further information.
115(1) Giving further information to Judge
Must provide further information on oath or orally as directed
115(2) Giving further information to Judge
telecommunications-interception-and-access-act-1979.pdf, p.322
116 Issuing of stored communications warrants
Issuing authority must issue warrant if certain conditions met.
116(1) Issuing of stored communications warrants
Division 1 has been complied with in relation to the application
Issuing authority may issue warrant if certain conditions met.
Authority must consider privacy impact and investigation methods when issuing stored communications warrants.
116(2) Issuing of stored communications warrants
Authority considers investigation methods that do not involve stored communications warrant.
(d) to what extent methods of investigating the serious contravention that do not involve the use of a stored communications warrant in relation to the person have been used by, or are available to, the agency;
Authority has an obligation to consider privacy impact and investigation methods.
(2) For an application other than an international assistance application, the matters to which the issuing authority must have regard are:
Authority must have regard for certain matters when issuing stored communications warrants.
116(2A) Issuing of stored communications warrants
Authority must have regard for certain matters.
Chapter 3 Preserving and accessing stored communications
telecommunications-interception-and-access-act-1979.pdf, p.324
Authorises access to stored communications under specified conditions.
117 What stored communications warrants authorise
118 Form and content of stored communications warrants
Stored communications warrant must be in prescribed form and signed by issuing authority.
118(1) Form and content of stored communications warrants
...must be signed by the issuing authority who issues it.
Stored communications warrant has a temporal relationship with the issuing authority.
...must be in accordance with the prescribed form; and must be signed by the issuing authority who issues it.
Stored communications warrant is a type of document that can be analyzed and processed by artificial intelligence.
Obligation to preserve and access stored communications.
Stored communications warrant is a type of document that can be accessed and shared.
Conditions or restrictions for accessing stored communications under the warrant.
118(2) Form and content of stored communications warrants
Must set out short particulars of serious contraventions or foreign contraventions.
118(3) Form and content of stored communications warrants
Imposes a duty on the issuing authority.
telecommunications-interception-and-access-act-1979.pdf, p.325
119 Duration of stored communications warrants
Stored communications warrant remains in force until executed or 5 days after issuance.
119(1) Duration of stored communications warrants
Warrant duration for multiple telecommunications services
119(2) Duration of stored communications warrants
Cannot vary stored communications warrant duration
119(3) Duration of stored communications warrants
Defines temporal interval for warrant duration
(3) An issuing authority must not vary a stored communications warrant by extending the period for which it is to be in force.
Implication of varying warrant duration on issuing authority's power
Recognize implications of varying warrant duration on issuing authority's power
Diffuse implications of varying warrant duration on issuing authority's power
No prohibition on issuing further warrants.
119(4) Duration of stored communications warrants
No new warrant can be issued within 3 days of the previous warrant's execution.
119(5) Duration of stored communications warrants
telecommunications-interception-and-access-act-1979.pdf, p.125
The Attorney-General must issue a warrant for the collection of foreign intelligence.
11A Telecommunications service warrant for collection of foreign
The Attorney-General must issue a warrant.
telecommunications-interception-and-access-act-1979.pdf, p.127
11B Named person warrant for collection of foreign intelligence
The Attorney-General may issue a warrant for the collection of foreign intelligence.
11B(1) Named person warrant for collection of foreign intelligence
The Attorney-General has an obligation to issue a warrant.
The warrant is issued for the collection of foreign intelligence.
Authorises interception of telecommunications under specified conditions.
11B(1A) Named person warrant for collection of foreign intelligence
telecommunications-interception-and-access-act-1979.pdf, p.129
Director-General of Security requests Attorney-General to issue warrant for intercepting communications.
11C Foreign communications warrant for collection of foreign
Director-General of Security gives notice to Attorney-General
telecommunications-interception-and-access-act-1979.pdf, p.133
Warrant must state authorized entry times
11D Provisions applying to foreign intelligence warrants
telecommunications-interception-and-access-act-1979.pdf, p.135
12 Persons authorised to intercept communications for Organisation
Authorizes persons to exercise authority on behalf of the Organisation.
12(1) Persons authorised to intercept communications for Organisation
...may, by writing under his or her hand...
...the authority conferred by Part 2-2 warrants.
Describes the class of persons authorized.
Approval extends to new offices or positions
12(2) Persons authorised to intercept communications for Organisation
No implication on other provisions of the Act
12(3) Persons authorised to intercept communications for Organisation
Must create written records after authority is exercised
12(4) Persons authorised to intercept communications for Organisation
telecommunications-interception-and-access-act-1979.pdf, p.326
120 Stored communications warrants issued on telephone
Issuing authority must inform and provide warrant to applicant.
120(1) Stored communications warrants issued on telephone
Obligation to inform and provide warrant.
affidavit or affidavits, authorisation by the chief officer
Affidavits must be provided by the applicant within one day after a warrant is issued.
120(2) Stored communications warrants issued on telephone
Must provide affidavit and authorisation
inform the person who made the application and give the instrument of revocation
Revocation of warrant issued on telephone application
120(3) Stored communications warrants issued on telephone
Revocation occurs within a certain time frame
Defines the temporal interval during which issuing authority can revoke warrant
Revocation must occur within a certain time frame after subsection (2) has not been complied with
Prohibits issuing authority from revoking warrant without complying with subsection (2)
Subsection (2) has not been complied with in relation to the warrant
Issuing authority is permitted to revoke warrant
Permits issuing authority to revoke warrant if subsection (2) has not been complied with
Issuing authority has an obligation to inform person who made application and give instrument of revocation
Imposes obligation on issuing authority to inform person who made application and give instrument of revocation
Issuing authority must inform person who made application and give instrument of revocation upon revocation
Issuing authority has an obligation to comply with subsection (2)
Imposes obligation on issuing authority to comply with subsection (2) before revoking warrant
Issuing authority must comply with subsection (2) before revoking warrant
Inform other agencies of warrant revocation
120(4) Stored communications warrants issued on telephone
Agency must inform other agencies of warrant revocation
telecommunications-interception-and-access-act-1979.pdf, p.327
Agency must inform carrier and provide copy of warrant.
121 What happens when stored communications warrants are
Agency has a duty to inform carrier and provide copy of warrant.
Chief officer must inform and revoke stored communications warrant.
122 Revocation of stored communications warrants by chief officers
Chief officer has an obligation to inform and revoke the warrant.
telecommunications-interception-and-access-act-1979.pdf, p.328
123 What happens when stored communications warrants are
Chief officer of one agency must inform other agencies of warrant revocation.
123(1) What happens when stored communications warrants are
Notify authorized representative of revocation of stored communications warrant.
123(2) What happens when stored communications warrants are
124 Access to additional telecommunications services under stored
Carrier must provide description of telecommunications service to be accessed under warrant.
124(1) Access to additional telecommunications services under stored
Notify authorized representative of stored communications access revocation
124(2) Access to additional telecommunications services under stored
telecommunications-interception-and-access-act-1979.pdf, p.330
Entry into force of stored communications warrants
125 Entry into force of stored communications warrants
Stored communications warrant does not authorize access unless notification is received by authorized representative.
126 Limit on authority conferred by warrant
Prohibits unauthorized access to stored communications.
127 Exercise of authority conferred by warrant
Authority must be exercised with approval
127(1) Exercise of authority conferred by warrant
...by a person in relation to whom an approval under subsection (2) is in force in relation to the warrant.
Temporal relationship between authority exercise and approval
(1) The authority conferred by a stored communications warrant may only be exercised...
Approval of persons to exercise authority conferred by warrants
127(2) Exercise of authority conferred by warrant
may approve any of the following persons to exercise the authority conferred by warrants at any time.
(2) The chief officer of a criminal law-enforcement agency...
may approve any of the following persons to exercise the authority conferred by warrants.
staff members (or classes of staff members) of the agency or another criminal law-enforcement agency.
(b) staff members (or classes of staff members) of the agency or another criminal law-enforcement agency;
Chief officer may appoint an approving officer.
127(3) Exercise of authority conferred by warrant
telecommunications-interception-and-access-act-1979.pdf, p.331
128 Provision of technical assistance
Carrier employees may provide technical assistance to criminal law enforcement officers/staff members with stored communications warrants.
128(1) Provision of technical assistance
Permission to provide technical assistance
Provision of technical assistance includes specific acts related to accessing stored communications.
128(2) Provision of technical assistance
Provision of technical assistance is an obligation.
Technical assistance is a subclass of provision.
Declare persons designated officers for purposes of section.
128(3) Provision of technical assistance
129 Evidentiary certificates relating to actions by carriers
Ensure discontinuation of interception upon warrant expiration
13 Discontinuance of interception before expiration of warrant
telecommunications-interception-and-access-act-1979.pdf, p.332
130 Evidentiary certificates relating to actions by criminal
Certifying officer must issue written certificate with relevant facts.
130(1) Evidentiary certificates relating to actions by criminal
130(2) Evidentiary certificates relating to actions by criminal
Obligation to provide exempt proceeding evidence
telecommunications-interception-and-access-act-1979.pdf, p.333
Exempt proceeding must receive certified copy of stored communications warrant as if it were the original.
131 Certified copies of stored communications warrants
Imposes a duty on exempt proceedings to receive certified copies of stored communications warrants.
132 Obstruction
Obstructing another person acting under a stored communications warrant is an offence.
132(1) Obstruction
Prohibits obstructing another person acting under a stored communications warrant.
Imposes an obligation to not obstruct another person acting under a stored communications warrant.
Implicates that obstructing another person acting under a stored communications warrant is an offence if the person commits an offence.
132(2) Obstruction
telecommunications-interception-and-access-act-1979.pdf, p.334
133 No dealing with accessed information etc.
No dealing with accessed information etc.
133(1) No dealing with accessed information etc.
Prohibits accessing or using information
Permitted dealings with accessed information
133(2) No dealing with accessed information etc.
telecommunications-interception-and-access-act-1979.pdf, p.335
Communicate preservation notice information or stored communications warrant information.
134 Dealing in preservation notice information or stored
135 Dealing in information by employees of carriers
An employee must communicate information to authorized law enforcement officers.
135(1) Dealing in information by employees of carriers
Authorisation of officers to receive information under stored communications warrants.
135(2) Dealing in information by employees of carriers
Officers are permitted to receive information.
Chief officer may authorise officers to receive information.
telecommunications-interception-and-access-act-1979.pdf, p.337
Permits communication of certain information in connection with Organisation's functions.
136 Dealing in connection with Organisation’s functions
telecommunications-interception-and-access-act-1979.pdf, p.338
137 Dealing in information obtained by Organisation
Prohibition on communicating certain information
137(1) Dealing in information obtained by Organisation
...communicate the following to another person:
Prohibits communication of certain information
(1) The Director-General of Security may...
Prohibits communication of foreign intelligence information to unauthorized persons.
137(1A) Dealing in information obtained by Organisation
subject to the conditions (if any) specified by the Attorney-General in writing;
(1A) The Director-General of Security may:
for the purposes (if any) approved by the Attorney-General in writing;
communicate foreign intelligence information to another person (the second person), other than a person to whom the Director-General could communicate the information under subsection (1) or 136(2).
Communicate accessed information to another person.
137(1B) Dealing in information obtained by Organisation
Permission to communicate accessed information.
Authorisation for communication by Director-General or agent
137(2) Dealing in information obtained by Organisation
A person may communicate and use foreign intelligence information under certain conditions.
137(3) Dealing in information obtained by Organisation
Permission to communicate and use information
Dealing in information obtained by Organisation is prohibited.
137(4) Dealing in information obtained by Organisation
Negates the existence of an approval or condition
telecommunications-interception-and-access-act-1979.pdf, p.339
Employee may communicate information to law enforcement agency for investigation purposes
138 Employee of carrier may communicate information to criminal
telecommunications-interception-and-access-act-1979.pdf, p.340
139 Dealing for purposes of investigation etc.
Communication of certain information to another person is allowed for specified purposes.
139(1) Dealing for purposes of investigation etc.
Temporal overlap between permitted purposes
Purposes for which information can be dealt with
139(2) Dealing for purposes of investigation etc.
...the making by an authority, body or person of a decision whether or not to begin a proceeding to which subsection (4) applies; or
Purposes occur during investigation purposes
(2) In the case of information obtained by the agency other than through the execution of a warrant issued as a result of an international assistance application, the purposes are purposes connected with...
Making decisions implies authority has permission
Authority has permission to make decisions about information
Purposes last until investigation purposes end
(a) an investigation by the agency or by another criminal law-enforcement agency of a contravention to which subsection (3) applies; or
Prohibition of serious or punishable offences
139(3) Dealing for purposes of investigation etc.
Defines the time period during which the contravention applies
(3) A contravention to which this subsection applies is a contravention of a law...
Defines the properties of the contravention
(i) if the contravention were committed by an individual—
...render the person committing the contravention liable:
Defines the conditions under which the contravention applies
Defines the time period until which the contravention remains in effect
Restricts proceedings for certain offenses
139(4) Dealing for purposes of investigation etc.
telecommunications-interception-and-access-act-1979.pdf, p.343
139A Dealing for integrity purposes
An officer or staff member of a Commonwealth agency may perform certain actions.
139A(1) Dealing for integrity purposes
Permitted purpose for agency or Commonwealth agency
139A(2) Dealing for integrity purposes
Agency has permission to deal for integrity purposes
Must communicate certain information to another person.
139A(4A) Dealing for integrity purposes
telecommunications-interception-and-access-act-1979.pdf, p.342
139AA Dealing in connection with Inspector-General’s functions
Permits communication with an IGIS official in connection with their functions.
139AA(1) Dealing in connection with Inspector-General’s functions
This section applies despite any other provision of this Part.
139AA(2) Dealing in connection with Inspector-General’s functions
Section applies despite other provisions
Law enforcement officers can access and share information with others for specific purposes.
139B Dealing for purposes relating to Part 5.3 orders or Part 9.10
telecommunications-interception-and-access-act-1979.pdf, p.136
Destroy records no longer required for Organisation's functions or powers.
14 Certain records retained by Organisation to be destroyed
telecommunications-interception-and-access-act-1979.pdf, p.344
140 Dealing with information if access suspected to be unlawful
140(1) Dealing with information if access suspected to be unlawful
Communicating information for investigation or decision-making purposes.
140(2) Dealing with information if access suspected to be unlawful
telecommunications-interception-and-access-act-1979.pdf, p.345
A person who is permitted by section 135, 137 or 138 or subsection 140(1) to communicate particular information to another person may make a record of the information.
141 Making record for purpose of permitted communication
Must provide a record for permitted communication
142 Further dealing by recipient of certain information
Recipient of information may communicate it to another person or make use of it.
142(1) Further dealing by recipient of certain information
Exemption for ACC officers performing specific function
142(2) Further dealing by recipient of certain information
Exempts ACC officers from subsection (1)
Paragraph 7A(da) of the Australian Crime Commission Act 2002
telecommunications-interception-and-access-act-1979.pdf, p.346
142A Communicating information obtained as a result of an
Restrictions on communication of information obtained through international assistance application
142A(1) Communicating information obtained as a result of an
Subsection (1) has effect despite subsection 139(4A) and section 142.
142A(2) Communicating information obtained as a result of an
Continues effect despite subsection 139(4A)
A determination under paragraph (1)(c) is not a legislative instrument.
142A(3) Communicating information obtained as a result of an
143 Giving information in evidence in exempt proceeding
Allowing lawfully accessed information in exempt proceedings.
143(1) Giving information in evidence in exempt proceeding
Determining access in contravention of subsection 108(1) on balance of probabilities.
143(2) Giving information in evidence in exempt proceeding
Access during contravention of subsection 108(1)
(2) For the purposes of applying subsection (1) in relation to information
Determining access in contravention of subsection 108(1)
Giving stored communications warrant information in evidence in exempt proceeding
143(3) Giving information in evidence in exempt proceeding
telecommunications-interception-and-access-act-1979.pdf, p.347
144 Giving information in evidence if communication unlawfully
Allowing access to stored communications in certain circumstances.
144(1) Giving information in evidence if communication unlawfully
Prohibiting communication of certain information in evidence
144(2) Giving information in evidence if communication unlawfully
State prohibits communication of certain information in evidence
Permits later use of exempt proceeding evidence in other proceedings.
145 Evidence that has been given in exempt proceeding
telecommunications-interception-and-access-act-1979.pdf, p.348
146 Giving information in evidence in civil proceedings for remedial
Giving information in evidence in civil proceedings for remedial
146(1) Giving information in evidence in civil proceedings for remedial
Permission to give information in evidence
146(2) Giving information in evidence in civil proceedings for remedial
telecommunications-interception-and-access-act-1979.pdf, p.349
147 Accessed material inadmissible except as provided
Accessing stored communication information is generally inadmissible in evidence.
147(1) Accessed material inadmissible except as provided
Prohibits accessing stored communication information in evidence.
Accessed material is admissible under certain conditions.
147(2) Accessed material inadmissible except as provided
...stored communication was accessed in contravention of subsection 108(1).
Defines the temporal interval for accessing stored communication.
(2) Subsection (1) of this section applies...
Defines the cognitive agent responsible for accessing stored communication.
Obligation to provide accessed material under certain conditions.
Defines the diffusion of information about accessing stored communication.
Defines the trace for accessing stored communication.
Permits communication, use, recording, or giving in evidence of accessed material
147(3) Accessed material inadmissible except as provided
Allows communication, use, recording, or giving in evidence of accessed material
148 Stored communications warrant information inadmissible
Stored communications warrant information is inadmissible in evidence.
148(1) Stored communications warrant information inadmissible
Prohibits the use of stored communications warrant information in evidence.
Stored communications warrant information inadmissible
148(2) Stored communications warrant information inadmissible
Prohibits giving stored communications warrant information in evidence
telecommunications-interception-and-access-act-1979.pdf, p.350
Preserves admissibility of records obtained by accessing stored communications
149 Evidence that is otherwise inadmissible
Prohibits admissibility of records obtained by accessing stored communications
15 How warrants etc. to be dealt with
Inform Director-General of Security about warrant issuance or revocation.
15(1) How warrants etc. to be dealt with
Obligation to inform Director-General of Security.
Inform carrier about warrant issue and provide copy upon request.
15(1A) How warrants etc. to be dealt with
Director-General of Security must inform carrier.
Director-General of Security must inform authorized representative of warrant revocation.
15(1B) How warrants etc. to be dealt with
The Attorney-General must record a decision on each warrant request.
15(3) How warrants etc. to be dealt with
15(4) How warrants etc. to be dealt with
telecommunications-interception-and-access-act-1979.pdf, p.351
150 Destruction of records
Destroy records obtained by accessing stored communication if not required for law enforcement purposes.
150(1) Destruction of records
Time of destruction is greater than or equal to the time of obtaining information
Time of destruction must be after time of obtaining information
Chief officer caused information or record to be destroyed forthwith
Chief officer satisfied information is not required for law enforcement purposes
Chief officer must destroy information or record
Chief officer must cause information or record to be destroyed
Chief officer satisfied information or record is not likely to be required for a purpose referred in subsection 139(2) or (4A), 139A(2) or 139B(2)
Information or record must be destroyed if not required for law enforcement purposes
Chief officer satisfied information is not likely to be required for a purpose referred in subsection 139(2) or (4A), 139A(2) or 139B(2)
Time of destruction is less than or equal to the time of requirement for law enforcement purposes
Time of destruction must be before time of requirement for law enforcement purposes
Chief officer must provide a written report on record destruction within 3 months after June 30th.
150(2) Destruction of records
telecommunications-interception-and-access-act-1979.pdf, p.352
The chief officer of a criminal law-enforcement agency must keep certain records.
151 Obligation to keep records
The chief officer has a duty to keep the records.
telecommunications-interception-and-access-act-1979.pdf, p.354
158A Functions of the Inspector-General of Intelligence and
The Inspector-General has functions in relation to preservation notices.
158A(1) Functions of the Inspector-General of Intelligence and
The function is related to preservation notices during a certain period.
(1) Under the Inspector-General of Intelligence and Security Act 1986, the Inspector-General of Intelligence and Security has functions in relation to preservation notices given by the Organisation.
The Inspector-General has a duty to preserve notices.
Preservation notices are given by the Organisation.
Conducting inspections to give effect to the objects of that Act
158A(2) Functions of the Inspector-General of Intelligence and
Inspector-General of Intelligence and Security
telecommunications-interception-and-access-act-1979.pdf, p.355
Annual reports regarding applications and warrants under
159 Annual reports regarding applications and warrants under
telecommunications-interception-and-access-act-1979.pdf, p.139
16 Additional requirements for named person warrants
Certifying person must provide description of service to authorised representative.
16(1) Additional requirements for named person warrants
(a) an authorised representative of a carrier has been given a copy of a warrant...
Certifying person must provide description of device to authorised representative.
16(1A) Additional requirements for named person warrants
Additional requirements for named person warrants
16(2) Additional requirements for named person warrants
160 Minister may seek further information from Commonwealth
Minister may request specified information from chief officer of a criminal law-enforcement agency.
160(1) Minister may seek further information from Commonwealth
Minister has an obligation to request specified information.
Minister must comply with request for information from Commonwealth.
160(2) Minister may seek further information from Commonwealth
telecommunications-interception-and-access-act-1979.pdf, p.356
Annual report by Minister about stored communications
161 Annual report by Minister about stored communications
161A Report to contain information about preservation notices
Report must contain statistics about preservation notices given by the agency.
161A(1) Report to contain information about preservation notices
Report must contain statistics about foreign preservation notices and revocation notices.
161A(2) Report to contain information about preservation notices
162 Report to set out how many applications made and warrants
Report on stored communications warrants applications
162(1) Report to set out how many applications made and warrants
Statistics and information about warrant applications
162(2) Report to set out how many applications made and warrants
Report on international offences made by an enforcement agency during the year.
162(3) Report to set out how many applications made and warrants
Report includes offences committed during the year
Report must include offences committed during the year
Enforcement agency made an international assistance application
Report on international offences made during the year
Agency must report on international offences
telecommunications-interception-and-access-act-1979.pdf, p.358
163 Report to contain information about effectiveness of warrants
Report must set out number of occasions information was communicated under subsection 139(1) or section 142 to certain entities.
163A Report regarding international requests
telecommunications-interception-and-access-act-1979.pdf, p.359
164 Annual reports
Annual reports must be laid before each House of the Parliament within 15 sitting days.
164(1) Annual reports
164(2) Annual reports
Must not enable identification of a person
Annual reports must be given to the Minister by a certain date.
164(3) Annual reports
Temporal interval between June 30th and the due date.
(3) For the purposes of section 34C of the Acts Interpretation Act 1901, a report that Division 2 requires to be prepared...
telecommunications-interception-and-access-act-1979.pdf, p.360
165 Civil remedies—unlawful access or communication
Prohibition on unlawful access or communication
165(1) Civil remedies—unlawful access or communication
Prohibits accessing a stored communication in contravention of subsection 108(1)
(1) This section applies to an accessing of a stored communication if the access was in contravention of subsection 108(1).
Imposes an obligation on the person accessing the communication to comply with subsection 108(1)
Prohibits the person accessing the communication from disclosing its contents to others
Traces the accessed communication back to its originator
Person is an aggrieved person if they were a party to the communication or the communication was made on their behalf.
165(2) Civil remedies—unlawful access or communication
...they were a party to the communication or the communication was made on their behalf.
Temporal relation between communication and being a party
Conditional relation between being a party and being an aggrieved person
Grant remedial relief in respect of access by defendant
165(3) Civil remedies—unlawful access or communication
Grant remedial relief against defendant for unlawful access or communication
165(4) Civil remedies—unlawful access or communication
Court may grant remedial relief to an aggrieved person if convicted of unlawful access or communication.
165(5) Civil remedies—unlawful access or communication
Court has an obligation to grant remedial relief.
Remedial relief for unlawful access or communication
165(6) Civil remedies—unlawful access or communication
the court may, on the application of an aggrieved person...
Temporal interval between access and communication
(a) information was obtained by accessing the communication;
Implication of conviction on remedial relief
(c) a court convicts a person (in this subsection called the defendant)...
Temporal interval until remedial relief is granted
(b) the information was communicated to a person in contravention of section 133;
telecommunications-interception-and-access-act-1979.pdf, p.363
166 Limitation periods etc.
Application for remedial relief must be made within 6 years after access took place.
166(1) Limitation periods etc.
166(2) Limitation periods etc.
Application for remedial relief must be made as soon as practicable after conviction.
166(3) Limitation periods etc.
No limitation on liability under other provisions or laws
167 No limitation on other liability
telecommunications-interception-and-access-act-1979.pdf, p.364
168 Concurrent operation of State and Territory laws
No remedial relief beyond State/Territory law limits
169 State or Territory courts—jurisdictional limits
Remedial relief is part of State/Territory law
Remedial relief overlaps with State/Territory law
State/Territory law defines court's jurisdictional limits
Remedial relief is inferred from State/Territory law
CogAI infers remedial relief from State/Territory law
Obligation to follow State/Territory law
Remedial relief is diffused into State/Territory law
Remedial relief diffuses into State/Territory law
Remedial relief is contained in State/Territory law
Remedial relief contains State/Territory law
telecommunications-interception-and-access-act-1979.pdf, p.140
17 Reports to be made to Attorney-General on results of
Report on results of interception under Part 2-2 warrant
17(1) Reports to be made to Attorney-General on results of
Report details of intercepted communication source
17(2) Reports to be made to Attorney-General on results of
170 Extended meaning of conviction—orders under section 19B of
...the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
Includes the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.
A reference in this Part to the conviction of a person of an offence includes a reference to...
telecommunications-interception-and-access-act-1979.pdf, p.365
171 Outline of Part
Disclosure of information under certain circumstances is permitted.
171(1) Outline of Part
Permits disclosure under certain circumstances.
Exemptions from prohibition on use of information or documents
171(2) Outline of Part
Offences for certain disclosures and uses of information and documents created.
171(3) Outline of Part
Prohibits certain disclosures and uses of information and documents.
telecommunications-interception-and-access-act-1979.pdf, p.366
No disclosure of communication contents or substance
172 No disclosure of the contents or substance of a communication
Prohibits disclosure of communication contents or substance
Nothing in Divisions 3 to 5 limits the generality of anything else in those Divisions or in Subdivision A of Division 3 of Part 13 of the Telecommunications Act 1997.
173 Effect of Divisions 3 to 5
telecommunications-interception-and-access-act-1979.pdf, p.367
174 Voluntary disclosure
Disclosure of information is permitted in connection with Organisation's functions.
174(1) Voluntary disclosure
Holder must disclose information or document if requested by ASIO employee or affiliate.
174(2) Voluntary disclosure
175 Authorisations for access to existing information or documents
Authorisation allows disclosure of information or document
175(1) Authorisations for access to existing information or documents
Authorisation in force under subsection (2)
Authorized disclosure of specified information or documents
175(2) Authorisations for access to existing information or documents
telecommunications-interception-and-access-act-1979.pdf, p.368
176 Authorisations for access to prospective information or
Authorisation allows disclosure of information or document under certain conditions.
176(1) Authorisations for access to prospective information or
Authorized persons may disclose specified information or documents
176(2) Authorisations for access to prospective information or
Authorisation for disclosure of specified information or documents that came into existence before the authorisation comes into force.
176(3) Authorisations for access to prospective information or
Authorises disclosure of specified information or documents.
Must satisfy condition before authorizing disclosure
176(4) Authorisations for access to prospective information or
Authorisation under this section comes into force upon notification and ends at the specified time.
176(5) Authorisations for access to prospective information or
The time period for authorisation overlaps with the period specified under section 180N.
Time period for authorisation overlaps with the period specified under section 180N.
(ii) if the authorisation is made under a journalist information warrant—is no later than the end of the period specified under section 180N as the period for which the warrant is to remain in force.
The authorisation holds from the point of notification.
Authorisation holds from the point of notification.
(a) comes into force at the time the person from whom the disclosure is sought receives notification of the authorisation;
The authorisation ends at the specified time.
Authorisation ends at the specified time.
(b) unless it is revoked earlier, ends at the time specified in the authorisation;
The authorisation can be revoked earlier than the specified time.
Authorisation can be revoked earlier than the specified time.
Revoke authorisation if disclosure is no longer required or warrant has been revoked.
176(6) Authorisations for access to prospective information or
telecommunications-interception-and-access-act-1979.pdf, p.370
176A Meaning of enforcement agency
176A(1) Meaning of enforcement agency
Request for Minister's declaration of authority as enforcement agency
176A(2) Meaning of enforcement agency
...the Minister to declare the authority or body to be an enforcement agency.
(2) The head of an authority or body may request...
...the authority or body to be an enforcement agency.
(2) The head of an authority or body may request the Minister to declare...
Minister may declare authority or body as enforcement agency.
176A(3) Meaning of enforcement agency
Declaration by Minister regarding request under subsection (2)
176A(3A) Meaning of enforcement agency
Minister cannot make declaration without reasonable grounds
176A(3B) Meaning of enforcement agency
...the functions of the authority or body include...
Temporal interval check for authority or body
(a) enforcement of the criminal law; or (b) administering a law imposing a pecuniary penalty; or (c) administering a law relating to the protection of the public revenue.
...unless the Minister is satisfied on reasonable grounds...
(3B) The Minister must not make the declaration...
The Minister must consider certain factors when deciding whether to make a declaration.
176A(4) Meaning of enforcement agency
The declaration must consider the authority or body's compliance with obligations over time.
(d) whether the authority or body proposes to adopt processes and practices that would ensure its compliance...
The Minister's decision implies certain conditions about the authority or body's actions.
(e) whether the Minister considers that the declaration would be in the public interest;
The Minister must consider certain factors.
(4) In considering whether to make the declaration, the Minister...
The declaration must consider multiple factors simultaneously.
(f) any other matter that the Minister considers relevant.
comparable protection, mechanism for monitoring compliance, and recourse for mishandled information
Protection of personal information must be comparable to the Australian Privacy Principles.
176A(4A) Meaning of enforcement agency
Temporal interval for monitoring compliance
(4A) For the purposes of subparagraphs (4)(c)(ii) and (iii),
Obligation to protect personal information
Consultation with certain persons or bodies
176A(5) Meaning of enforcement agency
The declaration may be subject to conditions.
176A(6) Meaning of enforcement agency
Authority or body is not to exercise a power conferred on an enforcement agency.
176A(7) Meaning of enforcement agency
telecommunications-interception-and-access-act-1979.pdf, p.372
177 Voluntary disclosure
Disclosure of information or document to enforcement agency is reasonably necessary for the enforcement of criminal law.
177(1) Voluntary disclosure
Disclosure is reasonably necessary for the enforcement of criminal law
Disclosures are permitted if reasonably necessary
Obligation to disclose information or document
Reasonably necessary for the enforcement of criminal law.
Disclosure of information to enforcement agency is allowed under certain conditions.
177(2) Voluntary disclosure
Disclosure is allowed within reasonably necessary limits.
Disclosure is for enforcement of law or protection of public revenue.
Permits disclosure of information to enforcement agency.
Reasonably necessary for enforcement of law or protection of public revenue.
Disclosure not required if requested by enforcement agency staff
177(3) Voluntary disclosure
telecommunications-interception-and-access-act-1979.pdf, p.373
178 Authorisations for access to existing information or
178(1) Authorisations for access to existing information or
Authorized disclosure of specified information or documents before notification.
178(2) Authorisations for access to existing information or
Authorised officer must not make authorisation unless satisfied disclosure is reasonably necessary for enforcement of criminal law or performance of ACC's function.
178(3) Authorisations for access to existing information or
...the disclosure is reasonably necessary for...
(3) The authorised officer must not make the authorisation unless...
telecommunications-interception-and-access-act-1979.pdf, p.374
178A Authorisations for access to existing information or
178A(1) Authorisations for access to existing information or
Authorisation for disclosure of specified information or documents
178A(2) Authorisations for access to existing information or
Must not make authorisation unless satisfied disclosure is reasonably necessary
178A(3) Authorisations for access to existing information or
179 Authorisations for access to existing information or
179(1) Authorisations for access to existing information or
179(2) Authorisations for access to existing information or
179(3) Authorisations for access to existing information or
authorised officer must not make authorisation unless during reasonable necessity period
authorisation must be made during reasonable necessity period
authorised officer must not make authorisation
authorised officer must make authorisation
authorised officer must not make authorisation unless satisfied disclosure is reasonably necessary
authorisation unless authorised officer is satisfied disclosure is reasonably necessary
18 Evidentiary certificates
Employees of carriers may issue written certificates for interception purposes.
18(1) Evidentiary certificates
Conclusive evidence of matters stated in the document
18(2) Evidentiary certificates
Obligation to provide conclusive evidence
Issue written certificate with relevant facts for warrant execution
18(3) Evidentiary certificates
Certificate issued in connection with warrant execution
(3) The Director-General of Security or the Deputy Director-General of Security may issue a written certificate signed by him or her setting out such facts as he or she considers relevant...
Certificate issuance implies warrant execution
Certificate issuance infers warrant execution
Certificate issuance propagates to warrant execution
Issue written certificate with relevant facts about ASIO employee or affiliate activities
18(4) Evidentiary certificates
Exempt proceeding without Chapter 2 Interception of telecommunications
18(5) Evidentiary certificates
telecommunications-interception-and-access-act-1979.pdf, p.375
180 Authorisations for access to prospective information or
180(1) Authorisations for access to prospective information or
Authorisation for access to specified information or documents.
180(2) Authorisations for access to prospective information or
180(3) Authorisations for access to prospective information or
Must not make authorisation unless satisfied disclosure is reasonably necessary for investigation of serious offence or imprisonment offence.
180(4) Authorisations for access to prospective information or
...unless he or she is satisfied that the disclosure is reasonably necessary...
Temporal interval for investigation of serious offence
(4) The authorised officer must not make the authorisation...
Knowledge representation for access to information
Diffusion of information for investigation of serious offence
Recurring trace for investigation of serious offence
telecommunications-interception-and-access-act-1979.pdf, p.377
180A Authorisations for access to existing information or
180A(1) Authorisations for access to existing information or
Authorisation is in force under subsection (2)
(1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure...
180A(2) Authorisations for access to existing information or
Must not make authorisation unless satisfied disclosure is reasonably necessary for specified purposes.
180A(3) Authorisations for access to existing information or
(3) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for...
...unless he or she is satisfied that the disclosure is reasonably necessary for...
(3) The authorised officer must not make the authorisation...
Authorisation for disclosure of information to foreign law enforcement agency
180A(4) Authorisations for access to existing information or
An authorised officer of the Australian Federal Police may authorise the disclosure of the information or documents so disclosed to a foreign law enforcement agency.
(4) If specified information or specified documents are disclosed because of an authorisation given under subsection (2)
telecommunications-interception-and-access-act-1979.pdf, p.378
180B Authorisations for access to prospective information or
Authorisation for disclosure of information or document under subsection (2) of this section.
180B(1) Authorisations for access to prospective information or
Temporal overlap between prospective authorisation and disclosure.
(1) Sections 276, 277 and 278 of the Telecommunications Act 1997 do not prevent a disclosure of information or a document if the information or document is covered by an authorisation in force under subsection (2) of this section.
Recognition of prospective authorisation and disclosure.
Permission to disclose information or document.
Diffusion of prospective authorisation and disclosure.
Recurring trace of prospective authorisation and disclosure.
180B(2) Authorisations for access to prospective information or
Authorized officer must obtain Attorney-General authorization before making an authorization.
180B(3) Authorisations for access to prospective information or
The authorized officer must obtain the Attorney-General's authorization.
Authorised officer must revoke authorisation if disclosure is no longer required.
180B(4) Authorisations for access to prospective information or
Authorisation under subsection (2) comes into force upon notification and ceases after a specified period or is revoked earlier.
180B(5) Authorisations for access to prospective information or
The authorisation ceases to be in force during the specified period.
(b) ceases to be in force at the time specified in the authorisation,
The legal system recognises the authorisation.
(5) An authorisation under subsection (2):
Authorisation under subsection (2) permits disclosure.
The authorisation diffuses to the person from whom the disclosure is sought.
The authorisation ceases to be in force until the specified period or is revoked earlier.
(b) ceases to be in force at the time specified in the authorisation, which must not be more than 21 days after the day the authorisation is made,
180B(6) Authorisations for access to prospective information or
telecommunications-interception-and-access-act-1979.pdf, p.380
180C Authorisations to disclose information or documents—
Authorise disclosure of information or documents to foreign law enforcement agencies.
180C(1) Authorisations to disclose information or documents—
An authorised officer of the Australian Federal Police may authorise...
(1) If specified information or specified documents are disclosed...
Must not make authorisation unless satisfied disclosure is appropriate and necessary for specified purposes.
180C(2) Authorisations to disclose information or documents—
...the disclosure is appropriate in all the circumstances and that the disclosure is reasonably necessary for: ...
Temporal relation to enforcement of foreign criminal law
(2) The authorised officer must not make the authorisation unless...
...unless he or she is satisfied that the disclosure is appropriate...
(2) The authorised officer must not make the authorisation...
...he or she is satisfied that the disclosure is appropriate...
Prohibition of making authorisation without satisfaction
Temporal relation to investigation or prosecution of crime within ICC jurisdiction
telecommunications-interception-and-access-act-1979.pdf, p.381
180D Authorisations to disclose information or documents—
Authorisation for disclosure of information or documents
180D(1) Authorisations to disclose information or documents—
an authorised officer of the Australian Federal Police may authorise the following:
(1) If specified information or specified documents are disclosed because of an authorisation given under this Division...
the disclosure of the information or documents to the Organisation or an enforcement agency;
the use of the information or documents by the Australian Federal Police.
Authorised officer must make disclosure only if necessary for Organisation's functions or enforcement of laws.
180D(2) Authorisations to disclose information or documents—
Disclosure must be made only if necessary for Organisation's functions or enforcement of laws.
Disclosure is justified only if necessary for Organisation's functions or enforcement of laws.
(a) in the case of a disclosure to the Organisation—...
Authorised officer must make disclosure.
Disclosure is necessary for Organisation's functions or enforcement of laws.
telecommunications-interception-and-access-act-1979.pdf, p.382
180E Disclosing information etc. to foreign countries or foreign law
Disclosing information to foreign countries or law enforcement agencies without conditions is prohibited.
180E(1) Disclosing information etc. to foreign countries or foreign law
Prohibition of disclosing information to foreign countries or law enforcement agencies.
Legislative instrument is not a determination made under paragraph (1)(c)
180E(2) Disclosing information etc. to foreign countries or foreign law
telecommunications-interception-and-access-act-1979.pdf, p.383
Authorised officers must consider privacy before making an authorisation.
180F Authorised officers to consider privacy
Authorised officers must be satisfied on reasonable grounds
telecommunications-interception-and-access-act-1979.pdf, p.384
180G The Organisation
Eligible persons cannot make authorisations that would disclose information about a journalist or their employer.
180G(1) The Organisation
Cannot disclose information after a journalist information warrant is in force.
Disclosure of information before a journalist information warrant is in force
Cannot make authorisation to disclose information.
Eligible person knows or reasonably believes the person is a journalist or their employer.
Cannot disclose information about a journalist or their employer.
Purpose of making authorisation would be to identify another person
Prohibition justified by knowledge of journalist status.
Disclosure of information about a journalist or their employer is prohibited.
Eligible person must not make authorisation
Nothing in this section affects by implication the kind of person in relation to whom a warrant may be issued under this Act.
180G(2) The Organisation
(2) Nothing in this section affects by implication the kind of person in relation to whom a warrant (other than a journalist information warrant) may be issued under this Act.
180H Enforcement agencies
Authorized officer must not make authorization to disclose information about a journalist or their employer.
180H(1) Enforcement agencies
Prohibition applies until a journalist information warrant is in force.
Temporal interval for disclosure prohibition
Authorized officer knows or reasonably believes the person is a journalist.
Must not make authorization to disclose information about the journalist.
Inference of prohibition based on knowledge
Must not make authorization to disclose information.
Prohibition applies to all employees of the employer.
Diffusion of prohibition to related persons
Authorized officer knows or reasonably believes the person is an employer of a journalist.
Validation of prohibition against related persons
Authorized officer must not disclose information or documents of a particular person if they are a journalist or their employer.
180H(2) Enforcement agencies
Disclosure must not be made within this temporal interval.
Authorized officer knows or reasonably believes person is a journalist or their employer.
Authorized officer must not make authorisation under Division 4A.
Implication of disclosure prohibition on authorized officer's actions
Journalists and employers are represented in authorized officer's knowledge base.
Knowledge representation of journalists and employers in authorized officer's knowledge base
Disclosure must not be propagated by authorized officer's actions.
Propagation of disclosure prohibition through authorized officer's actions
180H(3) Enforcement agencies
telecommunications-interception-and-access-act-1979.pdf, p.385
180J Requesting a journalist information warrant
Request for issuance of journalist information warrant
180J(1) Requesting a journalist information warrant
Request must specify facts and grounds for issuing warrant.
180J(2) Requesting a journalist information warrant
telecommunications-interception-and-access-act-1979.pdf, p.386
180K Further information
The Attorney-General may require the Director-General of Security 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 request
Prohibition of action by Attorney-General
180L Issuing a journalist information warrant
Attorney-General must issue a journalist information warrant or refuse to issue one.
180L(1) Issuing a journalist information warrant
The Attorney-General must satisfy certain conditions before issuing a journalist information warrant.
180L(2) Issuing a journalist information warrant
The Attorney-General has an obligation to satisfy certain conditions before issuing a journalist information warrant.
The excerpt classifies the issuance of a journalist information warrant as an obligation.
Conditions or restrictions for issuing authorisations under a warrant.
180L(3) Issuing a journalist information warrant
telecommunications-interception-and-access-act-1979.pdf, p.387
The Director-General must issue a journalist information warrant in an emergency.
180M Issuing a journalist information warrant in an emergency
The Director-General must issue a journalist information warrant.
telecommunications-interception-and-access-act-1979.pdf, p.389
A journalist information warrant must specify a duration of up to 6 months.
180N Duration of a journalist information warrant
telecommunications-interception-and-access-act-1979.pdf, p.390
Ensure discontinuation of authorisations upon warrant expiry
180P Discontinuance of authorisations before expiry of a journalist
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
Application must be made by a person or officer of the agency
180Q(2) Enforcement agency may apply for a journalist information
Agency chief officer may nominate an office or position 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-act-1979.pdf, p.391
180R Further information
Agency must provide further information to Part 4-1 issuing authority
180R(1) Further information
Breaching requirement results in breach of obligation
180R(2) Further information
the chief officer or other person is in breach of obligation
(2) If the chief officer or other person breaches the requirement
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 relation of oath or affirmation administration method
The oath or affirmation may be administered in person, or by telephone, video call, video link or audio link.
Cognitive AI application of oath or affirmation administration method
(2) For the purposes of this section, the Part 4-1 issuing authority may:
Diffusion of oath or affirmation administration method
Recurring trace of oath or affirmation administration method
Authority must issue a journalist information warrant upon application.
180T Issuing a journalist information warrant
telecommunications-interception-and-access-act-1979.pdf, p.393
180U Form and content of a journalist information warrant
A journalist information warrant must be in accordance with the prescribed form and signed by the issuing authority.
180U(1) Form and content of a journalist information warrant
Obligation to comply with prescribed form and signature
Conditions or restrictions for making authorisations under the warrant.
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.
180U(4) Form and content of a journalist information warrant
(4) A Part 4-1 issuing authority must not vary a journalist information warrant issued under this Subdivision by extending the period for which it is to be in force.
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
Prohibits chief officer of an enforcement agency from revoking a journalist information warrant.
180W Revocation of a journalist information warrant by chief
Prohibits chief officer from revoking warrant.
telecommunications-interception-and-access-act-1979.pdf, p.394
180X Public Interest Advocates
The Prime Minister must declare one or more persons to be Public Interest Advocates.
180X(1) Public Interest Advocates
Submit matters relevant to decisions about journalist information warrants.
180X(2) Public Interest Advocates
Public Interest Advocate must submit matters.
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-act-1979.pdf, p.395
Use of telecommunications data for disclosure purposes is permitted.
181 Uses of telecommunications data connected with provision of
Permission to use telecommunications data.
telecommunications-interception-and-access-act-1979.pdf, p.396
181A Disclosure/use offences: authorisations under Division 3
Disclosing certain information is an offence.
181A(1) Disclosure/use offences: authorisations under Division 3
Prohibits disclosure of certain information.
(1) A person commits an offence if: (a) the person discloses information; (b) the information is about any of the following:
(b) the information is about any of the following: (i) whether an authorisation under Division 3 has been, or is being, sought; (ii) the making of such an authorisation;
(b) the information is about any of the following: (iii) the existence or non-existence of such an authorisation; (iv) the revocation of such an authorisation;
(b) the information is about any of the following: (v) the notification of such a revocation.
Disclosing certain documents is an offence.
181A(2) Disclosure/use offences: authorisations under Division 3
Prohibits disclosure of certain documents.
Disclosure of information or document is permitted under certain conditions.
181A(3) Disclosure/use offences: authorisations under Division 3
Using certain information is an offence.
181A(4) Disclosure/use offences: authorisations under Division 3
Using a document with certain authorisations is an offence.
181A(5) Disclosure/use offences: authorisations under Division 3
Prohibits using a document with certain authorisations.
(5) A person commits an offence if: (a) the person uses a document; and (b) the document consists (wholly or partly) of any of the following:
telecommunications-interception-and-access-act-1979.pdf, p.398
Disclosure/use offences: certain authorisations under
181B Disclosure/use offences: certain authorisations under
telecommunications-interception-and-access-act-1979.pdf, p.401
182 Secondary disclosure/use offence: disclosures under Division 4
Disclosing or using information without permission is an offence.
182(1) Secondary disclosure/use offence: disclosures under Division 4
Temporal interval within which disclosure is permitted.
(a) information or a document is disclosed to the person as permitted by Division 4 or 4A; and (b) the person discloses or uses the information or document.
(b) the person discloses or uses the information or document.
The penalty is Imprisonment for 2 years.
Implication from permitted disclosure to committing an offence.
Disclosure of non-missing person information is permitted under certain circumstances.
182(2) Secondary disclosure/use offence: disclosures under Division 4
telecommunications-interception-and-access-act-1979.pdf, p.404
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 that disclosure or use of journalist information warrants is an offence.
Disclosing or using a journalist information warrant without permission is an offence.
182A(2) Disclosure/use offences: journalist information warrants
...discloses or uses a document; and (b) the document consists wholly or partly of any of the following: ...
Temporal relation between disclosure/use and journalist information warrant.
Knowledge graph representation of disclosure/use and journalist information warrant.
Prohibition of disclosing or using a journalist information warrant.
Spread of disclosure/use to journalist information warrant.
Recurring trace of disclosure/use and journalist information warrant.
telecommunications-interception-and-access-act-1979.pdf, p.405
Disclosure or use of information is permitted under certain conditions.
182B Permitted disclosure or use: journalist information warrants
Indicates that disclosure or use is not prohibited.
telecommunications-interception-and-access-act-1979.pdf, p.406
183 Form of authorisations and notifications
Written form or electronic form of authorisation and revocation notifications must comply with requirements.
183(1) Form of authorisations and notifications
Obligation to provide written form or electronic form
Determine requirements for purposes of paragraph (1)(f)
183(2) Form of authorisations and notifications
Must consult ACMA and Information Commissioner on privacy matters before making a determination.
183(3) Form of authorisations and notifications
184 Notification of authorisations or revocations
Notification of authorisations or revocations
184(1) Notification of authorisations or revocations
(1) If a person makes an authorisation under Division 3 of Part 4-1, an ASIO employee or ASIO affiliate must notify the person from whom disclosure is sought.
Must notify the person from whom disclosure is sought
Notification of revocation of authorisation
184(2) Notification of authorisations or revocations
An ASIO employee or ASIO affiliate must notify the person who was notified of the authorisation.
(2) If, under subsection 176(6), a person revokes an authorisation
Staff member must notify person from whom disclosure is sought after authorization.
184(3) Notification of authorisations or revocations
184(4) Notification of authorisations or revocations
a relevant staff member of the enforcement agency must notify the person who was notified of the authorisation.
(4) If, under subsection 180(7), an authorised officer of a criminal law-enforcement agency revokes an authorisation...
184(5) Notification of authorisations or revocations
184(6) Notification of authorisations or revocations
telecommunications-interception-and-access-act-1979.pdf, p.407
185 Retention of authorisations
Head of enforcement agency must retain authorisation for 3 years.
185(1) Retention of authorisations
The Commissioner of Police must retain an authorisation made under Division 4A of Part 4-1.
185(2) Retention of authorisations
telecommunications-interception-and-access-act-1979.pdf, p.408
185A Evidentiary certificates relating to acts by carriers
telecommunications-interception-and-access-act-1979.pdf, p.409
185B Evidentiary certificates relating to acts by the Organisation
Director-General of Security or Deputy Director-General may issue a written certificate setting out relevant facts regarding ASIO employee or affiliate actions.
185B(1) Evidentiary certificates relating to acts by the Organisation
Director-General of Security or Deputy Director-General may issue a written certificate.
185B(2) Evidentiary certificates relating to acts by the Organisation
(2) A document purporting to be a certificate...
Certifying officer must issue written certificate setting out relevant facts.
185C Evidentiary certificates relating to acts by enforcement
Certifying officer has an obligation to issue a written certificate.
telecommunications-interception-and-access-act-1979.pdf, p.410
185D Notification etc. of authorisations intended to identify media
Notify Inspector-General and Attorney-General upon issuing a journalist information warrant.
185D(1) Notification etc. of authorisations intended to identify media
Notify Inspector-General and Attorney-General
Director-General of Security knows warrant issued
Notify Inspector-General and Attorney-General at time t+1
Temporal relation between notification and warrant issuance
Must notify Inspector-General of Intelligence and Security 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 receiving certain reports from the 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
Chief officer of ACC must notify Minister and Inspector-General of Intelligence and Security upon issuing a journalist information warrant.
185D(5) Notification etc. of authorisations intended to identify media
Chief officer of ACC must notify Minister and Inspector-General of Intelligence and Security.
telecommunications-interception-and-access-act-1979.pdf, p.413
Reports on access to retained data are required.
185E Reports on access to retained data
telecommunications-interception-and-access-act-1979.pdf, p.414
Agency must report to Minister on authorisations made during the year.
186 Report to Minister
telecommunications-interception-and-access-act-1979.pdf, p.417
Agency must keep records of authorisations and revocations.
186A Obligation to keep records
telecommunications-interception-and-access-act-1979.pdf, p.421
186B Inspection of records
The Ombudsman must inspect records of an enforcement agency to determine compliance with Chapter 4 and Chapter 3.
186B(1) Inspection of records
The Ombudsman may inspect records to determine compliance with Part 15 of the Telecommunications Act 1997.
186B(1A) Inspection of records
The records are related to the performance of a function or exercise of power within a certain time frame.
Records must be related to the performance of a function or exercise of power within a certain time frame
(b) an enforcement agency, except the ACC or any agency, or part of an agency performing any functions, prescribed by regulations made under the Ombudsman Act 1976 for the purposes of subsection (1B) of this section, has records that relate to the performance of that function or the exercise of that power;
The records are related to the performance of a function or exercise of power in order to determine compliance with Part 15 of the Telecommunications Act 1997.
Records must be related to the performance of a function or exercise of power in order to determine compliance with Part 15 of the Telecommunications Act 1997
There is an obligation to provide records.
The records are related to the performance of a function or exercise of power and also meet certain conditions.
Records must be related to the performance of a function or exercise of power and also meet certain conditions
(a) the performance of a function, or the exercise of a power, conferred by Part 15 of the Telecommunications Act 1997 is in connection with...
The records are related to the performance of a function or exercise of power in at least one of two possible ways.
Records must be related to the performance of a function or exercise of power in at least one of two possible ways
Regulations may prescribe certain agencies or functions for the purposes of this subsection.
186B(1B) 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 before inspecting records.
186B(3) Inspection of records
Chief officer must assist Ombudsman with inspection of records.
186B(4) Inspection of records
The assistance provided by the chief officer is contained within the timeframe of the inspection of records.
The chief officer must ensure that members of staff of the agency assist the Ombudsman with inspection of records within a reasonable timeframe.
The chief officer's provision of assistance implies that they have met their obligation.
If the chief officer has a duty to assist the Ombudsman, then they must provide assistance within a reasonable timeframe.
The chief officer's recognition of their responsibility implies that they have met their obligation.
Recognition of patterns or relationships
The chief officer recognizes their responsibility to assist the Ombudsman.
The chief officer must ensure that members of staff of the agency give the Ombudsman any assistance the Ombudsman reasonably requires.
Chief officer has a duty to assist the Ombudsman
The assistance provided by the chief officer diffuses to the Ombudsman and other relevant parties.
The chief officer's provision of assistance spreads to the Ombudsman and other relevant parties.
186B(5) Inspection of records
The Ombudsman may refrain from inspecting records relevant to the obtaining or execution of a warrant or authorisation.
186B(6) Inspection of records
telecommunications-interception-and-access-act-1979.pdf, p.423
186C Power to obtain relevant information
The Ombudsman may require an officer to provide information or attend a meeting.
186C(1) Power to obtain relevant information
The Ombudsman has the power to require an officer to provide information.
The officer is required to provide the information or attend the meeting.
The Ombudsman knows the identity of the officer if required.
The information must be provided within a specified period.
Specify a place and time for attendance under inspection.
186C(2) Power to obtain relevant information
Requires specification of a place and time for attendance.
Must attend, give information, and answer questions when required.
186C(3) Power to obtain relevant information
Requires attendance during a specific time period.
Must attend, give information, and answer questions.
telecommunications-interception-and-access-act-1979.pdf, p.424
186D Ombudsman to be given information and access despite other
Must provide information despite other laws or public interest concerns.
186D(1) Ombudsman to be given information and access despite other
Prohibition on using information obtained as a consequence of giving access to a document in certain proceedings.
186D(2) Ombudsman to be given information and access despite other
... except in a proceeding by way of a prosecution for an offence against section 133, 181A, 181B or 182, or against Part 7.4 or 7.7 of the Criminal Code.
Overlaps the information obtained as a consequence of giving access to a document with certain proceedings.
Restricts the use of information obtained as a consequence of giving access to a document in certain proceedings.
Prohibits the use of information obtained as a consequence of giving access to a document in certain proceedings.
Traces the information obtained as a consequence of giving access to a document through its direct and indirect consequences.
An officer of an enforcement agency must give information to an inspecting officer and access to records.
186D(3) Ombudsman to be given information and access despite other
Enforcement agency must provide information to a person upon request.
186D(4) Ombudsman to be given information and access despite other
telecommunications-interception-and-access-act-1979.pdf, p.425
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
...the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Chapter.
Temporal exclusion of Section 11A application
(1) Section 11A of the Ombudsman Act 1976 does not apply in relation to...
Permission to exclude Section 11A application
Obligation to exclude Section 11A application
Exclusion of inspecting officer's actions from Ombudsman Act reference
186E(2) Application of Ombudsman Act
Ombudsman Act reference does not include inspecting officer's actions
Exclusion of inspecting officer's actions
Subject to section 186D of this Act, subsections 35(2), (3), (4) and
186E(3) Application of Ombudsman Act
Application of Ombudsman Act to this Chapter
186E(8) Application of Ombudsman Act
telecommunications-interception-and-access-act-1979.pdf, p.426
186F Exchange of information between Ombudsman or
Exchange of information with inspecting authority
186F(1) Exchange of information between Ombudsman or
Ombudsman must provide information if necessary to perform functions.
186F(2) Exchange of information between Ombudsman or
Ombudsman may receive information from inspecting authority
186F(3) Exchange of information between Ombudsman or
Must provide information about performance of functions of an intelligence agency
186F(4) Exchange of information between Ombudsman or
telecommunications-interception-and-access-act-1979.pdf, p.427
186G Delegation by Ombudsman
The Ombudsman may delegate certain powers.
186G(1) Delegation by Ombudsman
Delegate must provide instrument of delegation upon request.
186G(2) Delegation by Ombudsman
telecommunications-interception-and-access-act-1979.pdf, p.428
No liability for acts done in good faith while performing a function or power under the Chapter.
186H Ombudsman not to be sued
If an act is done in good faith, then no liability.
If an act is done in good faith, then it entails no liability.
186J Reports
The Ombudsman must report to the Minister.
186J(1) Reports
Report must be given to Minister after financial year end.
186J(2) Reports
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
The Ombudsman must give a copy of a report to the chief officer of any enforcement agency.
186J(6) Reports
Obligation to provide a copy of a report.
Report cannot include information that could endanger a person's safety, prejudice an investigation or prosecution, or compromise enforcement agency activities.
186J(7) Reports
Temporal overlap between report and sensitive activities
(7) A report under this section must not include information which...
Commencement of the Act is conditional on another Act coming into operation.
2 Commencement
telecommunications-interception-and-access-act-1979.pdf, p.143
Request for interception of communication in emergency situations.
30 Emergency requests
Must provide written report with specified information by June 30th.
30 June, give to the Minister a written report that sets out such
(caller is dying, is being seriously injured or has been seriously injured)
telecommunications-interception-and-access-act-1979.pdf, p.145
31 Applications for authorisation
Request for Attorney-General authorization to intercept communications
31(1) Applications for authorisation
Attorney-General must authorize interception
Details of development or testing, functions of authority, and grounds for seeking authorisation.
Request for authorisation must include specific details.
31(2) Applications for authorisation
telecommunications-interception-and-access-act-1979.pdf, p.146
31A Attorney-General may authorise interception for developing
Attorney-General may authorise interception for developing purposes.
31A(1) Attorney-General may authorise interception for developing
The Attorney-General may authorise interception.
Interception of communications passing over a telecommunications system except for the purposes of development or testing of technologies is prohibited.
31A(2) Attorney-General may authorise interception for developing
Authorisation must be in writing and specify a period not exceeding 6 months.
31A(3) Attorney-General may authorise interception for developing
Specify a period not exceeding 6 months.
Authority must keep copy of authorisation
31A(4) Attorney-General may authorise interception for developing
Attorney-General may authorise interception for developing
31A(4A) Attorney-General may authorise interception for developing
Authorisation for interception for developing technologies or testing capabilities.
31A(4B) Attorney-General may authorise interception for developing
Grants permission to intercept information.
31A(4C) Attorney-General may authorise interception for developing
Includes accessing stored communications.
31A(5) Attorney-General may authorise interception for developing
telecommunications-interception-and-access-act-1979.pdf, p.147
Carrier must be notified of authorisation.
31AA Carrier to be notified of authorisation etc.
telecommunications-interception-and-access-act-1979.pdf, p.148
Authorises access to stored communications under section 31A authorisation.
31AB Access to stored communications under section 31A
31B Authorisation of employees of a security authority
Authorisation of employees for interception purposes
31B(1) Authorisation of employees of a security authority
Authorisation of employees of a security authority
31B(2) Authorisation of employees of a security authority
telecommunications-interception-and-access-act-1979.pdf, p.149
31C Destruction of records
Destroy records obtained through interception of communications if no longer required.
31C(1) Destruction of records
Prohibition on accessing stored communications after they have ceased to pass over a telecommunications system.
31C(2) Destruction of records
Temporal inclusion of accessed communications in stored communications.
(2) The reference in paragraph (1)(a) to interception of communications passing over a telecommunications system includes a reference to the accessing of the communications as stored communications after they have ceased to pass over a telecommunications system.
Analysis of accessed communications by artificial intelligence.
Prohibition on accessing stored communications.
Classification of accessed communications as stored communications.
Prevention of diffusion of accessed communications beyond their temporal scope.
Application of temporal logic to accessed communications.
Report on authorisation outcome and destruction of information
31D Reports to the Attorney-General
telecommunications-interception-and-access-act-1979.pdf, p.150
31E Employees of security authorities
Employees of security authorities are taken to be employees of the Organisation.
31E(1) Employees of security authorities
an ASIO employee is taken to be an employee of the Organisation;
Establishes a relationship between an individual and the Organisation.
Person is taken to be an employee of the security authority if they are a staff member and the agency is a security authority.
31E(2) Employees of security authorities
telecommunications-interception-and-access-act-1979.pdf, p.151
Declaration of an eligible authority of a State as an agency
34 Declaration of an eligible authority of a State as an agency
The Minister must ensure that a State's law makes satisfactory provision before making a declaration.
35 Preconditions for declaration
The report must be given within 3 months after the warrant ceases to be in force.
The Minister is making a declaration under section 34.
The State's law must make satisfactory provision.
The Minister must ensure that the law makes satisfactory provision.
The chief officer of the eligible authority must give a written report.
The chief officer of the eligible authority must impose requirements corresponding to those imposed on Commonwealth agencies.
The chief officer of the eligible authority must give a report about the use made by the eligible authority of information obtained by interceptions under the warrant.
telecommunications-interception-and-access-act-1979.pdf, p.154
36 State laws requiring copies of documents to be given to
State must provide copies of documents to a specified Minister.
36(1) State laws requiring copies of documents to be given to
State has an obligation to provide copies of documents.
State must provide documents to Minister for compliance with requirement.
36(2) State laws requiring copies of documents to be given to
37 Revocation of declaration
Minister must revoke declaration upon request from Premier of a State.
37(1) Revocation of declaration
Minister has an obligation to revoke declaration.
The Minister may revoke a declaration in force under section 34 if certain conditions are met.
37(2) Revocation of declaration
The extent of compliance with a requirement has been unsatisfactory in so far as the requirement relates to the authority.
the extent of compliance with a requirement
If certain conditions are met, the Minister must revoke the declaration.
The Minister must provide evidence that certain conditions are met.
The extent of compliance with a requirement has been unsatisfactory.
telecommunications-interception-and-access-act-1979.pdf, p.155
Continues to apply in relation to a warrant issued before revocation.
38 Effect of revocation
38A Agencies authorised to apply for Part 5.3 warrants
Authorisation for eligible authorities of a State
38A(1) Agencies authorised to apply for Part 5.3 warrants
Minister must authorise eligible authority to apply for Part 5.3 warrants.
38A(2) Agencies authorised to apply for Part 5.3 warrants
The Minister must amend the declaration to authorise the eligible authority to apply for Part 5.3 warrants.
38A(3) Agencies authorised to apply for Part 5.3 warrants
The Minister must amend the declaration.
telecommunications-interception-and-access-act-1979.pdf, p.157
38B Agencies authorised to apply for Part 9.10 warrants
38B(1) Agencies authorised to apply for Part 9.10 warrants
Minister must authorise eligible authority to apply for Part 9.10 warrants.
38B(2) Agencies authorised to apply for Part 9.10 warrants
Minister must amend declaration to authorise eligible authority to apply for Part 9.10 warrants.
38B(3) Agencies authorised to apply for Part 9.10 warrants
telecommunications-interception-and-access-act-1979.pdf, p.160
39 Agency may apply for warrant
Agency may apply for warrant in respect of a telecommunications service or a person.
39(1) Agency may apply for warrant
An application for a warrant must be made by an authorized person on behalf of the agency.
39(2) Agency may apply for warrant
The application must be made by an authorized person.
telecommunications-interception-and-access-act-1979.pdf, p.1
Compilation information and notes on amendments, applications, and modifications.
4 June 2026
The Act binds the Crown in right of the Commonwealth, States, Australian Capital Territory, and Northern Territory.
4 Act binds the Crown
telecommunications-interception-and-access-act-1979.pdf, p.161
40 Form of application
Application for warrant must be in writing.
40(1) Form of application
Obligation to provide written application.
Permits telephone application under urgent circumstances.
40(2) Form of application
Defines temporal interval for telephone application
(2) If the person making an application for a warrant on an agency’s behalf: (a) is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subsection (3); and (b) thinks it necessary, because of urgent circumstances, to make the application by telephone;
Describes classification of telephone application
(2) If the person making an application for a warrant on an agency’s behalf:
Describes diffusion of telephone application
Defines recurring trace for telephone application
telecommunications-interception-and-access-act-1979.pdf, p.162
Agency must provide name and person's name in application.
41 Contents of application
Application must contain name and person's name.
42 Affidavit to accompany written application
Agency must provide affidavit with written application.
42(1) Affidavit to accompany written application
Affidavit must set out facts and grounds for application
42(2) Affidavit to accompany written application
Affidavit must specify period and reason for warrant duration
42(3) Affidavit to accompany written application
Must provide information about previous applications and warrants.
42(4) Affidavit to accompany written application
Details about the person, telecommunications services, and devices
Affidavit requirements for a named person warrant
42(4A) Affidavit to accompany written application
Details must identify the person and services
Allows multiple affidavits with written application
42(5) Affidavit to accompany written application
Describes temporal relationship between sections
telecommunications-interception-and-access-act-1979.pdf, p.163
Provide information on telephone application
43 Information to be given on telephone application
Temporal interval for urgent circumstances
(a) shall include particulars of the urgent circumstances because of which the person making the application on the agency's behalf thinks it necessary to make the application by telephone;
Recurring trace for matters requiring written application
(b) shall include each matter that, if the application had been made in writing, section 41, 42 or 48 would have required;
telecommunications-interception-and-access-act-1979.pdf, p.164
44 Giving further information to Judge
A Judge or nominated ART member may require further information.
44(1) Giving further information to Judge
Provide further information on oath or otherwise as directed by the Judge or nominated ART member.
44(2) Giving further information to Judge
Imposes a duty on the LegalPerson to provide further information.
44A Application by interception agency of Victoria
Application by interception agency of Victoria for a warrant in respect of a telecommunications service or a person.
44A(1) Application by interception agency of Victoria
A Victorian PIM may make submissions to the Judge or nominated ART member about certain matters.
44A(2) Application by interception agency of Victoria
make submissions to the Judge or nominated ART member about certain matters.
The Victorian PIM may, orally or in writing...
The Victorian PIM may question certain individuals in the presence of an eligible Judge or nominated ART member.
44A(3) Application by interception agency of Victoria
Obligation to question individuals in the presence of an eligible Judge or nominated ART member
telecommunications-interception-and-access-act-1979.pdf, p.165
45 Application by interception agency of Queensland
Application by interception agency of Queensland for a warrant in respect of a telecommunications service or person.
45(1) Application by interception agency of Queensland
A Queensland PIM may make submissions to the Judge or nominated ART member about specific matters.
45(2) Application by interception agency of Queensland
The Queensland PIM must make submissions.
telecommunications-interception-and-access-act-1979.pdf, p.166
Notification requirements for interception agencies
45A State law not affected
telecommunications-interception-and-access-act-1979.pdf, p.167
Issue of warrant for investigation of serious offences
46 Issue of telecommunications service warrant
Division 3 has been complied with in relation to the application
telecommunications-interception-and-access-act-1979.pdf, p.179
Issue of named person warrant for serious offences investigation
46A Issue of named person warrant
The warrant authorises interception of communications made to or from any telecommunications service at a later time
Urgent circumstances necessitated the application by telephone
The warrant authorises interception of communications made to or from any telecommunications service based on the assessment
Knowledge representation for warrant issuance
The Judge or nominated ART member has assessed the information provided
A warrant authorising communications to be intercepted
The Judge or nominated ART member is satisfied that the conditions are met
The warrant authorises interception of communications made to or from any telecommunications service
Classification of telecommunications services
The person is using or likely to use more than one telecommunications service
The warrant authorises interception of communications made to or from any telecommunications service during the ongoing investigation
The person is involved in serious offences
The warrant authorises interception of communications made to or from any telecommunications service based on validation
The Judge or nominated ART member has validated the application
telecommunications-interception-and-access-act-1979.pdf, p.192
Limit on warrant authority for telecommunications interception
47 Limit on authority conferred by warrant
Prohibits warrant-based interception without carrier notification
Notification required for warrant issuance
48 Issue of warrant for entry on premises
Agency may apply for warrant under section 46 that also authorises entry on premises.
48(1) Issue of warrant for entry on premises
Affidavit must state why entry on premises is necessary and provide previous application numbers.
48(2) Issue of warrant for entry on premises
Classification of warrants based on application numbers.
48(3) Issue of warrant for entry on premises
telecommunications-interception-and-access-act-1979.pdf, p.194
49 Form and content of warrant
Warrant must be signed by Judge or nominated ART member
49(1) Form and content of warrant
Conditions or restrictions for warrant interceptions
49(2) Form and content of warrant
Warrant does not authorise interception of communications made to or from a specified telecommunications service.
49(2A) Form and content of warrant
Period for which warrant is to be in force
49(3) Form and content of warrant
Prohibits warrant from being issued without specifying period of force
Cannot vary warrant by extending its period
49(4) Form and content of warrant
(4) A Judge or nominated ART member shall not vary a warrant by extending the period for which it is to be in force.
Allows for further warrants in respect of a service or person where previous warrants have been issued.
49(5) Form and content of warrant
49(6) Form and content of warrant
Warrant remains in force despite changes to supervisory order.
49(6A) Form and content of warrant
Warrant remains in force during this period.
Temporal relationship between warrant and supervisory order.
Warrant issued for period mentioned in subsection (3).
Implications of warrant remaining in force despite supervisory order change.
Supervisory order ceases to be in force.
Cognitive implications of warrant remaining in force despite supervisory order change.
Continues despite change in supervisory order.
Spread of warrant's effect despite supervisory order change.
Warrant issued on basis of supervisory order.
Warrant remains in force despite changes to community safety supervision order.
49(6B) Form and content of warrant
Warrant's temporal scope overlaps with changes to underlying condition.
(6B) To avoid doubt, a warrant issued on the basis that a community safety supervision order is in force remains in force for the period mentioned in subsection (3)
Warrant continues in effect despite changes to underlying condition.
Warrant's applicability is not restricted by changes to underlying condition.
Warrant's applicability depends on underlying condition's continuation.
Warrant's applicability ceases upon underlying condition's termination.
Warrant must be issued under specific circumstances
49(7) Form and content of warrant
Chapter 2 of the Criminal Code applies to all offences against this Act.
4A Application of the Criminal Code
telecommunications-interception-and-access-act-1979.pdf, p.18
4B Application to Norfolk Island
Prohibition on application to Norfolk Island
4B(1) Application to Norfolk Island
This Act does not apply to Norfolk Island.
(1) This Act does not extend to Norfolk Island.
Ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed.
4B(2) Application to Norfolk Island
(2) Subsection (1) ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed.
telecommunications-interception-and-access-act-1979.pdf, p.19
Definitions and explanations of terms used in the Act.
5 Interpretation
telecommunications-interception-and-access-act-1979.pdf, p.197
50 Issue of warrant on telephone application
Inform applicant about warrant terms and signing date.
50(1) Issue of warrant on telephone application
Informing applicant about warrant terms and signing date.
Keep a copy of the warrant issued on a telephone application.
50(2) Issue of warrant on telephone application
51 Action by agency after warrant issued on telephone application
Comply with section within one day after warrant issuance
51(1) Action by agency after warrant issued on telephone application
Affidavit requirement for information provided to the Judge or ART member
51(2) Action by agency after warrant issued on telephone application
Applicant must provide information to Judge or nominated ART member
51(3) Action by agency after warrant issued on telephone application
The applicant shall give to the Judge or nominated ART member
telecommunications-interception-and-access-act-1979.pdf, p.198
52 Judge or nominated ART member may revoke warrant where
Revocation of warrant by Judge or ART member
52(1) Judge or nominated ART member may revoke warrant where
Agency must provide revocation notice to Secretary upon warrant revocation.
52(2) Judge or nominated ART member may revoke warrant where
Inform other agency or Director-General of Security about warrant revocation.
52(3) Judge or nominated ART member may revoke warrant where
telecommunications-interception-and-access-act-1979.pdf, p.199
54 Entry into force of warrants
55 Exercise of authority conferred by warrant
55(1) Exercise of authority conferred by warrant
Agency may approve persons to exercise authority conferred by warrants.
55(3) Exercise of authority conferred by warrant
55(4) Exercise of authority conferred by warrant
55(5) Exercise of authority conferred by warrant
a designated officer, or an employee of a carrier, may provide technical assistance to a person who is exercising the authority conferred by a warrant.
Temporal relationship between provision and exercise
Application of AI in provision and exercise
Sharing information between provision and exercise
Recurring relationship between provision and exercise
A reference to the doing of an act involved in the interception of a communication under a warrant.
55(6) Exercise of authority conferred by warrant
telecommunications-interception-and-access-act-1979.pdf, p.200
57 Revocation of warrant by chief officer
Chief officer must revoke warrant if grounds cease to exist.
57(1) Revocation of warrant by chief officer
Chief officer has obligation to revoke warrant
Chief officer must inform other agency or Director-General of Security before revoking warrant.
57(2) Revocation of warrant by chief officer
Chief officer must inform and provide revocation instrument.
57(3) Revocation of warrant by chief officer
Must inform and provide revocation instrument.
57(4) Revocation of warrant by chief officer
Section does not apply in relation to a warrant that has ceased to be in force.
57(5) Revocation of warrant by chief officer
Ground ceases to exist if no Part 5.3 supervisory order is in force.
57(6) Revocation of warrant by chief officer
57(7) Revocation of warrant by chief officer
Defines temporal interval for revocation
(7) For the purposes of the application of subsection (1) to a community safety supervision order warrant issued on the ground that a community safety supervision order was in force, that ground is taken to have ceased to exist if, and only if, neither that community safety supervision order, nor any succeeding community safety supervision order, is in force.
Defines temporal relationship for revocation
telecommunications-interception-and-access-act-1979.pdf, p.201
58 Discontinuance of interceptions under certain warrants
Agency must take steps to discontinue interceptions upon warrant revocation
58(1) Discontinuance of interceptions under certain warrants
Agency must take steps to ensure discontinuance of interceptions upon warrant revocation
58(2) Discontinuance of interceptions under certain warrants
Revocation of warrant does not immediately cease its effect.
59 When revocation of certain warrants takes effect
telecommunications-interception-and-access-act-1979.pdf, p.202
59A Notification to Secretary of the Department
Agency must notify Secretary of Department upon issuance of warrant.
59A(1) Notification to Secretary of the Department
Chief officer must notify Secretary of Department with description of service sufficient to identify it.
59A(2) Notification to Secretary of the Department
Description of service sufficient to identify it
59B Notification to Ombudsman or Inspector-General of
Chief officer must notify Ombudsman or Inspector-General of warrant issuance within 6 months.
59B(1) Notification to Ombudsman or Inspector-General of
Must notify Ombudsman or Inspector-General
Notification of contravention to Ombudsman or Inspector-General
59B(2) Notification to Ombudsman or Inspector-General of
Agency officer must notify Ombudsman or Inspector-General of contravention
Notification obligation does not affect warrant validity
59B(3) Notification to Ombudsman or Inspector-General of
does not affect the validity of the warrant.
Temporal overlap between failure and warrant validity
telecommunications-interception-and-access-act-1979.pdf, p.203
59C Notification to Ombudsman or Inspector-General of
59C(1) Notification to Ombudsman or Inspector-General of
Must notify Ombudsman or Inspector-General of warrant issuance.
Notification to Ombudsman or Inspector-General upon contravention
59C(2) Notification to Ombudsman or Inspector-General of
Notification must occur after contravention
Contravention occurs before notification
Agency must notify Ombudsman or Inspector-General
telecommunications-interception-and-access-act-1979.pdf, p.75
A person who gives, makes use of, or produces a record obtained by interception must provide the relevant record in a proceeding.
5A Communicating etc. certain information
telecommunications-interception-and-access-act-1979.pdf, p.72
The Minister may declare a Royal Commission an eligible authority.
5AA Eligible Commonwealth authority declarations
5AB Authorised officers
Authorises management office or position for enforcement agency purposes.
5AB(1) Authorised officers
...authorise a management office or management position in the enforcement agency for the purposes of subparagraph (b)(iii)...
Defines the temporal interval for authorisation.
(1) The head (however described) of an enforcement agency may, by writing...
Implicates that authorisation is necessary for management office or position.
Represents knowledge about authorisation and management offices.
Grants permission to authorise a management office or position.
Propagates the authorisation to the management office or position.
Commissioner of Police may authorise AFP employee to be an authorised officer.
5AB(1A) Authorised officers
Permission granted by the Commissioner of Police.
Must provide a copy of authorisation to the Communications Access Coordinator.
5AB(2) Authorised officers
An authorisation made under this section is not a legislative instrument.
5AB(3) Authorised officers
Rejection of legislative instrument status
(3) An authorisation made under this section is not a legislative instrument.
telecommunications-interception-and-access-act-1979.pdf, p.73
5AC Authorisation of certifying officers
5AC(1) Authorisation of certifying officers
(1) The Commissioner of Police may authorise...
5AC(2) Authorisation of certifying officers
5AC(3) Authorisation of certifying officers
Authorises an AFP employee to be a certifying officer of the Police Force of the State.
5AC(4) Authorisation of certifying officers
5AD Authorisation of certifying person
Authorisation of a person to be a member of the staff
5AE Authorisation of members of the staff of a Commonwealth
telecommunications-interception-and-access-act-1979.pdf, p.76
5B Exempt proceedings
telecommunications-interception-and-access-act-1979.pdf, p.80
5C Information or question relevant to inspection by Ombudsman
Information or question relevant to inspection by Ombudsman
5C(1) Information or question relevant to inspection by Ombudsman
During inspection under Part 2-7 or Chapter 4A
(1) For the purposes of this Act, information or a question is relevant to an inspection...
(b) in any case—any matter to which any of those records relates;
if the Ombudsman suspects on reasonable grounds that an officer...
Nothing in subsection (1) limits the generality of a reference to information or a question relevant to an inspection.
5C(2) Information or question relevant to inspection by Ombudsman
telecommunications-interception-and-access-act-1979.pdf, p.81
5D Serious offences
Temporal intervals for terrorism-related offences
Includes specific types of crimes (continued)
telecommunications-interception-and-access-act-1979.pdf, p.88
5E Serious contraventions
Serious contraventions are defined as contraventions of a law that meet certain conditions.
5E(1) Serious contraventions
A serious contravention is a contravention of a law...
This contravention must meet the conditions for seriousness.
The contravention must be an offence punishable by imprisonment...
A contravention is taken to be a contravention if it has been committed or is suspected on reasonable grounds of having been committed.
5E(2) Serious contraventions
The state takes a contravention to be a contravention if it has been committed or is being committed.
has been committed or is being committed
(2) Except so far as the contrary intention appears, a contravention...
The state takes a contravention to be a contravention.
The state takes a contravention to be a contravention if it is suspected on reasonable grounds of having been committed.
is suspected on reasonable grounds of having been committed
The state takes a contravention to be a contravention if it is being committed.
Reference to penalty units includes reference to equivalent fine or pecuniary penalty amount.
5E(3) Serious contraventions
Equivalent fine or pecuniary penalty amount
Reference to equivalent fine or pecuniary penalty amount
Class/type/subclass hierarchy applied to definitions
telecommunications-interception-and-access-act-1979.pdf, p.89
A communication is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication.
5F When a communication is passing over a telecommunications
telecommunications-interception-and-access-act-1979.pdf, p.90
Defines intended recipient of communication
5G The intended recipient of a communication
5H When a communication is accessible to the intended recipient
Communication is accessible if received or under control of intended recipient
5H(1) When a communication is accessible to the intended recipient
The communication occurs during the intended recipient's control
Communication during intended recipient's control
(a) has been received by the telecommunications service provided to the intended recipient; or (b) is under the control of the intended recipient; or (c) has been delivered to the telecommunications service provided to the intended recipient.
The communication is recognized by the AI system
The communication is accessible if it meets one of these conditions
Communication diffuses if received by intended recipient
Communication received by intended recipient
No limitation on accessibility for purposes of the Act.
5H(2) When a communication is accessible to the intended recipient
6 Interception of a communication
Interception of communication without knowledge is prohibited.
6(1) Interception of a communication
Declaration of emergency service facility
6(2A) Interception of a communication
Minister may declare premises an emergency service facility.
6(2B) Interception of a communication
Minister's declaration is not a legislative instrument.
6(2C) Interception of a communication
Declares prohibition on Minister's declaration as a legislative instrument.
Specify name of force or service and geographical region.
6(2D) Interception of a communication
Revocation of declaration upon disallowance
6(2E) Interception of a communication
The declaration is taken to have been revoked.
Temporal overlap between disallowance and revocation
(2E) If a House of the Parliament disallows...
Duty to intercept and record communications in emergency services
6(2F) Interception of a communication
Duty to intercept and record communications
telecommunications-interception-and-access-act-1979.pdf, p.204
60 Notification to authorised representative of carrier of issue or
60(1) Notification to authorised representative of carrier of issue or
Notify authorised representative of carrier upon warrant revocation.
60(3) Notification to authorised representative of carrier of issue or
Description of telecommunications service
Certify service identification to authorised representative
60(4) Notification to authorised representative of carrier of issue or
Notify authorized representative of carrier about issue of named person warrant.
60(4A) Notification to authorised representative of carrier of issue or
telecommunications-interception-and-access-act-1979.pdf, p.206
61 Evidentiary certificates
Carrier employees must provide written certificates upon request.
61(1) Evidentiary certificates
Carrier employees have an obligation to provide written certificates.
Exempt proceeding conclusive evidence of matters stated in document
61(2) Evidentiary certificates
Document issued under subsection (1) overlaps with exempt proceeding
Temporal overlap: Document issued under subsection (1) and exempt proceeding
Document purporting to be a certificate issued under subsection (1)
CogAI recognizes document as conclusive evidence
Document diffuses conclusive evidence in exempt proceeding
Diffusion: Document diffuses conclusive evidence in exempt proceeding
Document is conclusive evidence in exempt proceeding
Recurring trace: Document is conclusive evidence in exempt proceeding
61(4) Evidentiary certificates
Certifying officer has the authority to issue certificates.
written certificate signed by certifying person
Certifying person must issue written certificate with relevant facts.
61(4A) Evidentiary certificates
Certifying person must issue written certificate.
Prohibits issuing a document purporting to be a certificate without proper authorization.
61(5) Evidentiary certificates
Prohibition of issuing a document without proper authorization.
telecommunications-interception-and-access-act-1979.pdf, p.208
A document certified in writing by a certifying officer of an agency is admissible as evidence.
61A Certified copy of warrant
The provision establishes a rule for the admissibility of documents.
telecommunications-interception-and-access-act-1979.pdf, p.209
This Part applies in relation to certain types of information, interceptions, and proceedings.
62 Application of Part
The Part applies to the specified types of information, interceptions, and proceedings.
63 No dealing in intercepted information or interception warrant
No communication with intercepted information after commencement.
63(1) No dealing in intercepted information or interception warrant
...communicate to another person, make use of, or make a record of...
Prohibition of communication with intercepted information.
(1) Subject to this Part and section 299, a person shall not...
...make use of, or make a record of; or give in evidence in a proceeding...
Prohibition of use, record, or evidence with intercepted information.
...give in evidence in a proceeding; lawfully intercepted information or information obtained by intercepting a communication in contravention of subsection 7(1).
Prohibition of giving evidence with intercepted information.
No communication, use, or record of interception warrant information after commencement.
63(2) No dealing in intercepted information or interception warrant
(2) Subject to this Part and section 299, a person must not...
telecommunications-interception-and-access-act-1979.pdf, p.222
63A Dealing in connection with existing proceeding
Communicate with another person for a purpose connected to a proceeding.
63A(1) Dealing in connection with existing proceeding
Prohibition on using defective warrants in proceedings
63A(2) Dealing in connection with existing proceeding
A proceeding begins before a commencement if a related proceeding began earlier.
63A(3) Dealing in connection with existing proceeding
Conditional commencement of a proceeding
63A(4) Dealing in connection with existing proceeding
telecommunications-interception-and-access-act-1979.pdf, p.210
Communicate interception warrant information, make use of it, record it, or give it in evidence.
63AA Dealing in interception warrant information for the purposes
Permission to communicate interception warrant information.
63AB Dealing in general computer access intercept information etc.
Authorizes communication of general computer access intercept information.
63AB(1) Dealing in general computer access intercept information etc.
Permitted activities related to telecommunications interception and access
63AB(2) Dealing in general computer access intercept information etc.
Permits communication of information to a person or use of information in connection with official functions.
63AB(3) Dealing in general computer access intercept information etc.
Permits inspection of telecommunications in connection with a function or duty.
63AB(3A) Dealing in general computer access intercept information etc.
telecommunications-interception-and-access-act-1979.pdf, p.213
63AC Dealing in ASIO computer access intercept information etc.
Authorises communication, use, recording, and evidence provision of ASIO computer access intercept information.
63AC(1) Dealing in ASIO computer access intercept information etc.
Allow communication, use, or record of ASIO computer access intercept information.
63AC(2) Dealing in ASIO computer access intercept information etc.
Permission to communicate, use, or record ASIO computer access intercept information.
telecommunications-interception-and-access-act-1979.pdf, p.215
Authorises communication, use, and recording of data disruption intercept information.
63AD Dealing in data disruption intercept information etc.
telecommunications-interception-and-access-act-1979.pdf, p.219
63AE Dealing in network activity warrant intercept information etc.
Authorizes communication, use, and recording of network activity warrant intercept information.
63AE(1) Dealing in network activity warrant intercept information etc.
A person may communicate, make use of, or record network activity warrant intercept information under certain conditions.
63AE(2) Dealing in network activity warrant intercept information etc.
The information relates to or appears to relate to the involvement during a specific time period.
telecommunications-interception-and-access-act-1979.pdf, p.223
63B Dealing in information by employees of carriers
Employee may communicate or use information related to carrier operations or services.
63B(1) Dealing in information by employees of carriers
The communication or use of information occurs during the employee's duties as an agent of the state.
in the performance of his or her duties as such an employee
The employee may communicate or use information for a specific purpose.
(1) An employee of a carrier may, in the performance of his or her duties as such an employee
The communication or use of information is part of the employee's job requirements.
Permission granted by the state for an agent to perform an action.
The information is related to carrier operations or services.
(a) the operation or maintenance of a telecommunications network operated by the carrier; or (b) the supply of services by the carrier by means of a telecommunications network.
Employee may communicate information to another carrier about its telecommunications network operation or service supply.
63B(2) Dealing in information by employees of carriers
Employee has lawful access to the information
Relates to telecommunications network operation or service supply
Communication is for carrying on business relating to service supply
Employee may communicate interception warrant information in performance of duties.
63B(3) Dealing in information by employees of carriers
Employee may communicate interception warrant information.
Permits action under certain conditions.
Employee has duty to intercept communications.
telecommunications-interception-and-access-act-1979.pdf, p.224
63C Dealing in information for network protection purposes etc.
Prohibits communication of unlawfully intercepted information
63C(1) Dealing in information for network protection purposes etc.
(1) Subject to subsection (3), a person engaged in network protection duties...
Describes the agent performing the action
may not communicate or make use of, or cause to be communicated unlawfully intercepted information
throughout the performance of those duties
until subsection (3) is repealed or revoked
Describes the duration of the prohibition
A person engaged in network protection duties must communicate intercepted information to the responsible person for the network and another person if necessary.
63C(2) Dealing in information for network protection purposes etc.
Must communicate information to the responsible person and another person if necessary.
Prohibiting communication of intercepted information in a specific form.
63C(3) Dealing in information for network protection purposes etc.
telecommunications-interception-and-access-act-1979.pdf, p.225
63D Dealing in information for disciplinary purposes
Duty to engage in network protection duties for certain networks.
63D(1) Dealing in information for disciplinary purposes
Obligation to engage in network protection duties.
Subject to subsections (3) and (4), the person may communicate or make use of, or cause to be communicated lawfully intercepted information that was obtained by intercepting a communication under paragraph 7(2)(aaa)
63D(2) Dealing in information for disciplinary purposes
telecommunications-interception-and-access-act-1979.pdf, p.226
Communicate intercepted information to an agency officer under certain conditions.
63E Responsible person for a computer network may communicate
64 Dealing in connection with Organisation’s functions
Communicating intercepted information for security purposes.
64(1) Dealing in connection with Organisation’s functions
Allows communication of intercepted information.
Communication with another person about foreign intelligence information
64(2) Dealing in connection with Organisation’s functions
64(3) Dealing in connection with Organisation’s functions
Allowing communication of information for investigation purposes
64(4) Dealing in connection with Organisation’s functions
Specifying the temporal overlap of permitted communication
for a purpose or purposes connected with the investigation to which the warrant, under which the information was obtained, relates,
Providing justification for permitted communication
Granting permission to communicate information
telecommunications-interception-and-access-act-1979.pdf, p.227
64A Dealing in connection with Inspector-General’s functions
64A(1) Dealing in connection with Inspector-General’s functions
Permits use of interception warrant information
64A(2) Dealing in connection with Inspector-General’s functions
telecommunications-interception-and-access-act-1979.pdf, p.228
65 Dealing in information obtained by Organisation
Prohibits communication of intercepted information without authorization.
65(1) Dealing in information obtained by Organisation
(1) The Director-General of Security may, personally, or by a person authorised by the Director-General...
65(1A) Dealing in information obtained by Organisation
communicate foreign intelligence information to another person (the second person), other than a person to whom the Director-General could communicate the information under subsection (1) or 64(2).
(c) subject to the conditions (if any) specified by the Attorney-General in writing;
(1A) The Director-General of Security may...
(b) for the purposes (if any) approved by the Attorney-General in writing;
Communicate foreign intelligence information to another person.
65(1B) Dealing in information obtained by Organisation
A person may communicate, use, and make a record of foreign intelligence information under certain conditions.
65(2) Dealing in information obtained by Organisation
The person may communicate, use, and make a record of the information.
Permission to communicate, use, and make a record of foreign intelligence information.
The Attorney-General has approved the purposes and conditions.
Exemptions from subsections (1), (1A), (1B) and (2)
65(3) Dealing in information obtained by Organisation
Prohibition on communication of intercepted information to certain staff members
65(4) Dealing in information obtained by Organisation
...unless the communication is for the purpose of the development or testing of technologies, or interception capabilities...
Describes temporal relationship between Organisation's authority and communication of intercepted information
(4) If lawfully intercepted information was obtained under a section 31A authorisation...
Prohibits communication of intercepted information to certain staff members
Prohibits staff members from communicating intercepted information to certain authorities
(a) a staff member of an authority of the Commonwealth; or (b) a staff member of an authority of a State;
Prohibits Organisation from communicating intercepted information to certain staff members
(c) that authority; or (d) the Organisation.
Prohibition on communication of intercepted information to staff members
65(5) Dealing in information obtained by Organisation
... subsection (1) of this section does not authorise the communication of the information in accordance with subsection 18(4A)
(5) If lawfully intercepted information was obtained under a section 31A authorisation...
Prohibits the communication of intercepted information to staff members
Describes a relationship between diffusion and the provision
telecommunications-interception-and-access-act-1979.pdf, p.230
65A Employee of carrier may communicate information to agency
Employee may communicate information to agency for specified purposes.
65A(1) Employee of carrier may communicate information to agency
Employee of carrier must communicate information to agency under specified circumstances.
65A(2) Employee of carrier may communicate information to agency
Temporal intervals for interception and access
Interception of telecommunications Chapter 2 Dealing with intercepted information etc. Part 2-6
Employee of carrier may communicate information to agency
Obligation to comply with supervision orders
The performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under Division 395 of the Criminal Code (community safety orders).
Recurring trace for community safety supervision orders
Determining whether a community safety supervision order has been, or is being, complied with;
telecommunications-interception-and-access-act-1979.pdf, p.231
66 Interceptor may communicate to officer who applied for warrant
Intercepted communication information may be communicated to the warrant applicant or authorized person.
66(1) Interceptor may communicate to officer who applied for warrant
Intercepted communication information must be communicated.
Authorise in writing a person (or class of person) to receive information obtained
66(2) Interceptor may communicate to officer who applied for warrant
telecommunications-interception-and-access-act-1979.pdf, p.232
67 Dealing for permitted purposes
Permitted communication of intercepted information
67(1) Dealing for permitted purposes
Exemptions from subsection (1) of section 67(1A)
67(1A) Dealing for permitted purposes
Permitted use of information for specified purposes
67(1B) Dealing for permitted purposes
...for a purpose or purposes set out in subsection (1C), and for no other purpose...
(1B) However, an officer or staff member of an agency may...
The purposes are purposes connected with the investigation, achieving a Part 5.3 object, determining compliance, or performing a function/duty related to specific laws.
67(1C) Dealing for permitted purposes
Imposes a duty on the state to investigate or comply with specific laws.
telecommunications-interception-and-access-act-1979.pdf, p.235
Chief officer may communicate information to Director-General of Security and Chief Executive Officer of ACC under certain conditions.
68 Chief officer may communicate information obtained by agency
telecommunications-interception-and-access-act-1979.pdf, p.241
68A Communicating information obtained by the Secretary of the
Obligation to provide information to the Secretary of the Department administered by the Attorney-General.
68A(1) Communicating information obtained by the Secretary of the
Permits communication of information to another person or entity.
68A(2) Communicating information obtained by the Secretary of the
69 State authority may ask not to receive information under
Request not to receive information under section 68.
69(1) State authority may ask not to receive information under
Request revocation of information request
69(2) State authority may ask not to receive information under
Prohibits the chief officer from revoking the request
telecommunications-interception-and-access-act-1979.pdf, p.94
6A Investigation of an offence
Investigation of an offence by specified authorities or agencies
6A(1) Investigation of an offence
Specifies the entities that must conduct an investigation
A reference in this Act to an investigation, in relation to an offence, is a reference to the investigation of the likely commission of that offence.
6A(2) Investigation of an offence
The text refers to an investigation in relation to an offence.
Accessing stored communication without knowledge of recipient is prohibited.
6AA Accessing a stored communication
Prohibits accessing stored communication without knowledge of recipient.
Classifies 'accessing a stored communication' as a prohibited action.
telecommunications-interception-and-access-act-1979.pdf, p.95
A person is taken to be involved in an offence if they have committed or are committing the offence, or are suspected of having committed it.
6B Involvement in an offence
The state takes an obligation on the person to be involved in the offence.
6C Issue of warrant to agency or eligible authority
Agency or eligible authority must receive warrant
telecommunications-interception-and-access-act-1979.pdf, p.96
6D Judges
6D(1) Judges
The definition of Judge is based on a class hierarchy.
Judges are defined in relation to a warrant applied for by the National Anti-Corruption Commission.
The definition of eligible Judge includes a subclass relationship with the general definition of Judge.
A Judge is defined as a person who is a Judge of a court created by the Parliament.
The definition of eligible Judge includes a temporal interval.
A consent under subsection (2) and a declaration under subsection (3) are in force for an eligible Judge.
A warrant applied for by the National Anti-Corruption Commission is related to a superior Court Judge.
The general definition of Judge is based on a class hierarchy.
A Judge means a person who is a Judge of a court created by the Parliament.
The definition of Judge includes a subclass relationship with the general definition of eligible Judge.
A Judge may consent to be nominated by the Attorney-General.
6D(2) Judges
Attorney-General may declare judges eligible for certain purposes.
6D(3) Judges
6D(4) Judges
Temporal relation between functions or powers
Eligible Judge has protection and immunity in relation to performance or exercise of a function or power
Same protection and immunity as a Justice of the High Court
Same argument for judges as for Justices of the High Court
CogAI's understanding of protection and immunity for judges
Eligible Judge has protection and immunity
6DA Nominated ART members
The Attorney-General may nominate a person to issue warrants.
6DA(1) Nominated ART members
Cannot nominate a person without being enrolled as a legal practitioner for at least 5 years.
6DA(2) Nominated ART members
Temporal interval requirement for enrollment
(b) has been so enrolled for not less than 5 years.
(a) is enrolled as a legal practitioner...
Prohibition of nomination without proper qualifications
Mandatory enrollment requirement for nomination
...the person: (a) is enrolled as a legal practitioner...
Nomination restriction based on enrollment status
Nomination ceases if nominated ART member ceases to hold appointment or Attorney-General withdraws nomination.
6DA(3) Nominated ART members
Nomination and ceasing to have effect overlap in time
(3) A nomination ceases to have effect if... (a) the nominated ART member ceases to hold an appointment...
(3) A nomination ceases to have effect if...
Attorney-General can withdraw nomination
(3) A nomination ceases to have effect if... or (b) the Attorney-General, by writing, withdraws the nomination.
Nomination ceases if nominated ART member ceases to hold appointment
Nomination is contained in ceasing to have effect
Protection and immunity for nominated ART members issuing warrants
6DA(4) Nominated ART members
Performing a function of or connected with issuing a warrant
telecommunications-interception-and-access-act-1979.pdf, p.97
6DB Issuing authorities
The Attorney-General may appoint a person as an issuing authority.
6DB(1) Issuing authorities
A person who is a judge of a court created by the Parliament or a magistrate must issue an authority.
6DB(2) Issuing authorities
The authority must be issued within a certain time frame.
The person is a judge of a court created by the Parliament or a magistrate.
They must be a judge of a court created by the Parliament or a magistrate.
Must be a judge of a court created by the Parliament or a magistrate.
telecommunications-interception-and-access-act-1979.pdf, p.98
6DC Part 4-1 issuing authorities
The Attorney-General may appoint a person as a Part 4-1 issuing authority.
6DC(1) Part 4-1 issuing authorities
Consent to be appointed by the Attorney-General
6DC(2) Part 4-1 issuing authorities
Appointment ceases if person is no longer eligible for appointment by Attorney-General.
6DC(3) Part 4-1 issuing authorities
...the Attorney-General, by writing, revokes the appointment.
Defines temporal overlap between appointment and eligibility.
(3) A person’s appointment ceases to have effect...
Prohibits appointment if person is no longer eligible.
Imposes duty on Attorney-General to revoke appointment if person is no longer eligible.
Grants permission to Attorney-General to revoke appointment if person is no longer eligible.
Defines temporal relationship between appointment and eligibility.
Part 4-1 issuing authorities have the same protection and immunity as a Justice of the High Court.
6DC(4) Part 4-1 issuing authorities
telecommunications-interception-and-access-act-1979.pdf, p.99
6E Lawfully intercepted information
Lawfully intercepted information is defined as information obtained by intercepting a communication passing over a telecommunications system without contravening subsection 7(1).
6E(1) Lawfully intercepted information
Defines the term 'lawfully intercepted information'
Lawfully intercepted information must be referred to as obtained through intercepting a communication under a warrant or in accordance with section 65A or 63E.
6E(2) Lawfully intercepted information
The provision imposes a duty on the agency or authority to refer to lawfully intercepted information in a specific way.
Definition of lawfully intercepted information includes information obtained by accessing a stored communication under a section 31A authorisation.
6E(2A) Lawfully intercepted information
Definition of lawfully intercepted information includes
Information obtained by accessing a stored communication under a section 31A authorisation.
telecommunications-interception-and-access-act-1979.pdf, p.100
Reference to interception warrant information includes details about applications, warrants, and their existence/non-existence.
6EA Interception warrant information
Describes the content of an interception warrant information reference.
telecommunications-interception-and-access-act-1979.pdf, p.101
Provides definition for stored communications warrant information
6EB Stored communications warrant information
Reference to an offence is a reference to an offence that has been committed or is suspected on reasonable grounds of having been committed.
6F Offences
The offence has been committed during the period.
The reference is to the offence of that kind.
An offence is referred to as an offence of that kind.
telecommunications-interception-and-access-act-1979.pdf, p.102
6G Officer of the Commonwealth, of a State or of a Territory
Defines who is considered an officer of the Commonwealth
6G(1) Officer of the Commonwealth, of a State or of a Territory
...an officer who is, or was, employed under a law of the Commonwealth
A reference to an officer of the Australian Capital Territory includes...
...a person who is, or is a member of, an authority or body established for a public purpose
Establishes a duty to include certain individuals in the definition
A reference to an officer of the Commonwealth includes...
...an officer of the Northern Territory or of an external Territory
Establishes a duty to exclude certain individuals from the definition
A reference to an officer of the Commonwealth does not include...
...an officer of the Australian Capital Territory
...a person holding an office or appointment
An officer of the Commonwealth includes...
Reference to an officer of a State includes references to certain individuals or authorities.
6G(2) Officer of the Commonwealth, of a State or of a Territory
authority or body established for a public purpose by or under a law of the State
Reference to an officer of a Territory includes a person holding or acting in an office or appointment, or employed under a law of the Territory.
6G(3) Officer of the Commonwealth, of a State or of a Territory
This person is included in the temporal interval of the reference.
A reference in this Act to an officer of a Territory includes a person holding or acting in an office or appointment, or employed under a law of the Territory.
This person is subject to the duty of being included in the reference.
A reference in this Act to an officer of a Territory includes a person who is or is a member of an authority or body established for a public purpose by or under a law of the Territory.
Reference to an officer of a Territory includes this person.
Person holding or acting in an office or appointment, or employed under a law of the Territory.
Person who is or is a member of an authority or body established for a public purpose by or under a law of the Territory.
This person is included in the recurring trace of the reference.
telecommunications-interception-and-access-act-1979.pdf, p.103
Information must be provided to satisfy the Judge or nominated ART member about a particular person.
6H Person to whom application relates
A reference in this Act to a proceeding by way of a prosecution for an offence includes a reference to a proceeding with a view to the committal of a person for trial for the offence.
6J Proceeding by way of a prosecution for an offence
The interval includes a reference to a proceeding with a view to the committal of a person for trial for the offence.
Includes a reference to a proceeding with a view to the committal of a person for trial for the offence.
A proceeding by way of a prosecution for an offence includes a proceeding with a view to the committal of a person for trial for the offence.
The reference includes a proceeding with a view to the committal of a person for trial for the offence.
The obligation includes a reference to a proceeding with a view to the committal of a person for trial for the offence.
The duty includes a reference to a proceeding with a view to the committal of a person for trial for the offence.
Includes a reference to a proceeding by way of a prosecution for an offence.
The description includes a reference to a proceeding by way of a prosecution for an offence.
The trace includes a reference to a proceeding by way of a prosecution for an offence.
Reference to confiscation or forfeiture proceedings includes condemnation or recovery of seized goods.
6K Proceeding for confiscation or forfeiture or for pecuniary
Classification of goods as subject to confiscation
telecommunications-interception-and-access-act-1979.pdf, p.104
A reference to a relevant proceeding is defined as a prosecution, confiscation, forfeiture, pecuniary penalty, taking of evidence, extradition, police disciplinary proceeding, or other proceeding related to alleged misbehaviour.
6L Relevant proceeding
The key refers to a relevant proceeding.
telecommunications-interception-and-access-act-1979.pdf, p.107
Terminating appointment of officer due to misbehaviour or improper conduct
6M Terminating the appointment of an officer
Prohibits terminating appointment of officer
telecommunications-interception-and-access-act-1979.pdf, p.108
6N Declaration of staff members of State Police Forces
This section applies to an agency that is the Police Force of a State.
6N(1) Declaration of staff members of State Police Forces
The Minister must make a written declaration about staff members of State Police Forces.
6N(2) Declaration of staff members of State Police Forces
The Minister has an obligation to make a written declaration.
Staff members of State Police Forces are included in the specified class of members.
Staff members of State Police Forces are referred to as staff members in relation to the agency concerned.
6N(3) Declaration of staff members of State Police Forces
Referral of staff members as staff members.
Staff members are a subclass of agency personnel.
6P Identification of service
A telecommunications device may be identified by a unique number or factor.
6Q Identification of telecommunications device
Temporal relation between device assignments
6R Communications Access Coordinator
Definition of Communications Access Coordinator
6R(1) Communications Access Coordinator
Communications Access Coordinator means...
...if a person or body is covered by an instrument made under subsection (2)—that person or body.
Specify persons or bodies for Communications Access Coordinator purposes
6R(2) Communications Access Coordinator
Minister must specify APS employees in an instrument
6R(2A) Communications Access Coordinator
Must specify functions or powers of a Communications Access Coordinator
6R(2B) Communications Access Coordinator
Functions or powers of a Communications Access Coordinator
Restricts performance of functions or exercise of powers to those specified in an instrument.
6R(2C) Communications Access Coordinator
Act done by or in relation to the Coordinator is taken to be an act done on behalf of all agencies.
6R(3) Communications Access Coordinator
All acts done by or in relation to the Coordinator are acts done on behalf of all agencies.
Act done by or in relation to the Coordinator is an act done on behalf of all agencies.
telecommunications-interception-and-access-act-1979.pdf, p.109
Permitted purposes for integrity purposes
6S Permitted purposes—integrity purposes
A Part 5.3 supervisory order is taken to be in force in relation to a person if certain conditions are met.
6T When a Part 5.3 supervisory order is taken to be in force
The order is taken to be in force during the period of detention.
...the person is detained in custody in a prison...
The order is taken to be in force in relation to the person.
The order is a control order that has been made but has not yet come into force.
The order is taken to be in force if the person is detained in custody.
The order is taken to be in force if the order is an extended supervision order or an interim supervision order.
Alternative condition for extended supervision order
...the order is an extended supervision order or an interim supervision order...
The order is taken to be in force until the end of the specified period.
...the period specified in the order under paragraph 105A.7A(4)(d) or...
telecommunications-interception-and-access-act-1979.pdf, p.112
6U Succeeding Part 5.3 supervisory orders
Each later control order is a succeeding Part 5.3 supervisory order in relation to each earlier control order.
6U(1) Succeeding Part 5.3 supervisory orders
Confirmed control order overlaps with interim control order
The confirmed control order overlaps with the interim control order.
Interim control order and confirmed control order
Confirmed control order is inferred from interim control order
The confirmed control order is inferred from the interim control order.
Confirmed control order is a succeeding Part 5.3 supervisory order
If an interim control order is confirmed, the confirmed control order is a succeeding Part 5.3 supervisory order in relation to the interim control order.
Confirmed control order diffuses to earlier control order
The confirmed control order diffuses to the earlier control order.
Confirmed control order is a succeeding Part 5.3 supervisory order until next control order
The confirmed control order is a succeeding Part 5.3 supervisory order until the next control order.
A succeeding Part 5.3 supervisory order is a later extended supervision order in relation to an earlier interim supervision order.
6U(2) Succeeding Part 5.3 supervisory orders
The succeeding Part 5.3 supervisory order is made during the extended supervision order in relation to the person.
The succeeding Part 5.3 supervisory order is recognized by the State as a later extended supervision order in relation to the person.
If an interim supervision order is made, a succeeding Part 5.3 supervisory order must be made in relation to the person.
The succeeding Part 5.3 supervisory order diffuses the extended supervision order in relation to the person.
The succeeding Part 5.3 supervisory order is made until the extended supervision order in relation to the person.
Each later extended supervision order or interim supervision order is a succeeding Part 5.3 supervisory order in relation to each earlier extended supervision order or interim supervision order.
6U(3) Succeeding Part 5.3 supervisory orders
There exists a temporal interval between each pair of these orders.
The temporal interval between the two or more successive extended supervision orders or interim supervision orders is included in the Allen interval for each earlier order.
Two or more successive extended supervision orders or interim supervision orders are made
If two or more successive extended supervision orders or interim supervision orders are made, then each later order is a succeeding supervisory order.
2 or more successive extended supervision orders or interim supervision orders are made
The diffusion of the supervisory orders is included in the Allen interval for each earlier order.
The temporal intervals between the two or more successive extended supervision orders or interim supervision orders form an LTL trace.
Order is in force until specified period begins.
6UA When a community safety supervision order is taken to be in
Describes the duration of the obligation
6UB Succeeding community safety supervision orders
A succeeding community safety supervision order is a succeeding order in relation to an earlier order.
6UB(1) Succeeding community safety supervision orders
Each later community safety supervision order is a succeeding community safety supervision order if 2 or more successive community safety supervision orders are made in relation to the same person.
6UB(2) Succeeding community safety supervision orders
Each later community safety supervision order is a succeeding community safety supervision order
2 or more successive community safety supervision orders are made in relation to the same person.
telecommunications-interception-and-access-act-1979.pdf, p.113
Prohibition on making substituted reference orders under certain circumstances.
6V Substitution of references to the Attorney-General
During exceptional circumstances, the Governor-General must not make a substituted reference order.
The Governor-General must not make a substituted reference order.
Prohibits the Governor-General from making substituted reference orders.
The Prime Minister is satisfied that exceptional circumstances exist.
telecommunications-interception-and-access-act-1979.pdf, p.114
7 Telecommunications not to be intercepted
No one can intercept or enable interception of communications.
7(1) Telecommunications not to be intercepted
Exemptions from interception prohibition for certain employees and authorized persons
7(2) Telecommunications not to be intercepted
Exemptions from interception prohibition
Reasonably necessary for employee to perform duties effectively
telecommunications-interception-and-access-act-1979.pdf, p.242
Prohibition on communicating information obtained by interception under certain circumstances
70 Communicating information obtained by interception under
71 Dealing with information where interception suspected to be
Intercepted information may establish a suspected offence if reasonable grounds exist.
71(1) Dealing with information where interception suspected to be
The succeeding provisions of this section have effect.
Establishing a suspected offence is an obligation.
Reasonable grounds exist for suspecting the offence.
Who can be informed about suspected interception of information
71(2) Dealing with information where interception suspected to be
Communicating relevant information for specific purposes.
71(3) Dealing with information where interception suspected to be
Obligation to communicate relevant information.
telecommunications-interception-and-access-act-1979.pdf, p.243
Making record for permitted communication
72 Making record for purpose of permitted communication
telecommunications-interception-and-access-act-1979.pdf, p.84
List of sections prohibited from prosecution
73 Section 73
Recipient of certain information must comply with subsections (1A), (2) and (3)
73 Further dealing by recipient of certain information
Communicated for a certain period of time
Prohibits listed sections from prosecution
telecommunications-interception-and-access-act-1979.pdf, p.244
74 Giving information in evidence in exempt proceeding
Permits giving lawfully intercepted information in evidence in exempt proceeding.
74(1) Giving information in evidence in exempt proceeding
Determine question whether communication was intercepted in contravention of subsection 7(1) on balance of probabilities.
74(2) Giving information in evidence in exempt proceeding
Giving interception warrant information in evidence in exempt proceeding
74(3) Giving information in evidence in exempt proceeding
Permission to give interception warrant information
telecommunications-interception-and-access-act-1979.pdf, p.245
75 Giving information in evidence where defect in connection with
Provide information obtained by interception in evidence if certain conditions are met.
75(1) Giving information in evidence where defect in connection with
Prohibition on issuing a document purporting to be a warrant with an irregularity.
75(2) Giving information in evidence where defect in connection with
...in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.
Describes the timing of the prohibited action.
(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity...
...or the purported execution of a document purporting to be a warrant.
Prohibits issuing a document purporting to be a warrant with an irregularity.
...in, or in connection with the issue of, a document purporting to be a warrant; or
Prohibits connection with issuing a document purporting to be a warrant.
Describes the duration of the prohibited action.
75A Evidence that has been given in exempt proceeding
Allows later use of exempt proceeding evidence.
telecommunications-interception-and-access-act-1979.pdf, p.246
76 Giving information in evidence in criminal proceedings under
Giving information obtained by intercepting a communication in contravention of subsection 7(1) in evidence in a proceeding.
76(1) Giving information in evidence in criminal proceedings under
Permission to give information obtained by intercepting a communication in contravention of subsection 7(1) in evidence in a proceeding.
(1) A person may give information obtained by intercepting a communication in contravention of subsection 7(1)
Permission to authorise, suffer or permit, or do any act or thing to enable the interception.
(a) an offence against subsection 7(1) constituted by the interception, or by authorising, suffering or permitting, or doing any act or thing to enable, the interception;
Permission to communicate to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the interception.
(b) an offence against section 63 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the intercepted
Permission to do any act or thing to enable, the interception.
(c) an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this subsection.
Allowing interception warrant information in evidence in criminal proceedings under certain conditions.
76(2) Giving information in evidence in criminal proceedings under
76A Giving information in evidence in civil proceedings for remedial
76A(1) Giving information in evidence in civil proceedings for remedial
Permission to give information obtained by intercepting a communication in contravention of subsection 7(1)
Allowance to provide evidence in civil proceedings for remedial
Obligation to provide evidence in civil proceedings for remedial
Prohibition on providing evidence in civil proceedings for remedial
Tracing the provision to its application in civil proceedings for remedial
Allowing person to give interception warrant information in evidence
76A(2) Giving information in evidence in civil proceedings for remedial
telecommunications-interception-and-access-act-1979.pdf, p.247
77 Intercepted material and interception warrant information
Information obtained by interception is admissible in evidence under certain conditions.
77(1) Intercepted material and interception warrant information
Obligation to provide information in evidence under certain conditions.
Prohibition on using intercepted material without permission from relevant sections
77(2) Intercepted material and interception warrant information
Prohibits using intercepted material without permission
Exclusion of interception warrant information from evidence
77(3) Intercepted material and interception warrant information
A person may communicate interception warrant information to another person.
77(4) Intercepted material and interception warrant information
telecommunications-interception-and-access-act-1979.pdf, p.248
No part of this Act renders information or a restricted record admissible in evidence to a greater extent than it would have been admissible if this Part had not been enacted.
78 Where evidence otherwise inadmissible
79 Destruction of restricted records that are not likely to be
Destruction of restricted records not likely to be required for a permitted purpose.
79(1) Destruction of restricted records that are not likely to be
...the chief officer shall cause the restricted record to be destroyed forthwith.
Temporal interval for destruction of records.
(b) the chief officer of the agency is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the agency;
Artificial intelligence reasoning about record destruction.
Prohibition of destruction of restricted records.
(a) a restricted record (whether made before or after the commencement of this section) is in the possession of an agency...
Spread of knowledge about record destruction.
Destroying restricted records without permission is prohibited.
79(2) Destruction of restricted records that are not likely to be
Prohibition of destroying restricted records.
Exemption from destruction of intercepted records
79(3) Destruction of restricted records that are not likely to be
Exempts restricted records from destruction
telecommunications-interception-and-access-act-1979.pdf, p.250
79A Responsible person for a computer network must ensure
Responsible person for a computer network must ensure
79A(1) Responsible person for a computer network must ensure
Responsible person must ensure restricted record is destroyed
79A(2) Responsible person for a computer network must ensure
must cause the restricted record to be destroyed
Responsible person for a computer network
telecommunications-interception-and-access-act-1979.pdf, p.249
Prohibition on possessing restricted records without authorization.
79AA Destruction of restricted records—information obtained
Prohibits possession of restricted records.
Prohibition on destroying restricted records obtained before a community safety supervision order came into force.
79AB Destruction of restricted records—information obtained
Restricted record in possession of agency
telecommunications-interception-and-access-act-1979.pdf, p.252
Commonwealth agencies must keep documents connected with issue.
80 Commonwealth agencies to keep documents connected with issue
Particulars of each telephone application for a Part 2-5 warrant, statement as to whether the application was withdrawn or refused, particulars of each interception under the warrant, etc.
Commonwealth agencies must keep records of interceptions and telecommunications.
81 Other records to be kept by Commonwealth agencies in
telecommunications-interception-and-access-act-1979.pdf, p.255
81A General Register of Warrants
The Secretary of the Department must keep a General Register of Warrants.
81A(1) General Register of Warrants
Obligation to keep a General Register of Warrants
Record particulars of warrant issuance in the General Register.
81A(2) General Register of Warrants
telecommunications-interception-and-access-act-1979.pdf, p.254
Organisation must exercise authority conferred by a certain entity.
81AA Organisation to record particulars in relation to eligible
telecommunications-interception-and-access-act-1979.pdf, p.256
81B Regular submission of General Register to Minister
The Secretary of the Department must deliver the General Register to the Minister for inspection.
81B(1) Regular submission of General Register to Minister
Information recorded since the last delivery
Regular submission of General Register to Minister
81B(2) Regular submission of General Register to Minister
81C Special Register of Warrants
The Secretary of the Department must keep a Special Register of Warrants.
81C(1) Special Register of Warrants
Record particulars in relation to each registrable expired warrant.
81C(2) Special Register of Warrants
Duty to maintain a special register of warrants
81C(3) Special Register of Warrants
Obligation to maintain a special register
telecommunications-interception-and-access-act-1979.pdf, p.259
81D Regular submission of Special Register to Minister
Regular submission of Special Register to Minister
81D(1) Regular submission of Special Register to Minister
81D(2) Regular submission of Special Register to Minister
Ensure timely delivery of Special Register with General Register
81D(3) Regular submission of Special Register to Minister
Eligible authorities must provide information when applicable.
81E Provision of information by eligible authorities
Inspections of Commonwealth agencies, except ACC, are undertaken by the Ombudsman.
83 Inspections
telecommunications-interception-and-access-act-1979.pdf, p.261
84 Reports
The Ombudsman must report to the Minister within 3 months after each financial year.
84(1) Reports
The Ombudsman must include specific information in each report.
84(1A) Reports
Obligation to provide specific information
telecommunications-interception-and-access-act-1979.pdf, p.262
85 Ombudsman may report on other breaches of this Act
Ombudsman may report on other breaches of this Act
85(1) Ombudsman may report on other breaches of this Act
Contravention of a condition or restriction is also a contravention of the Act.
85(2) Ombudsman may report on other breaches of this Act
Exemption from subsection (1) for certain sections
85(3) Ombudsman may report on other breaches of this Act
Annual report may cover notified breaches in relation to
85A Annual report may cover notified breaches in relation to
telecommunications-interception-and-access-act-1979.pdf, p.263
Annual report must cover notified breaches.
85B Annual report may cover notified breaches in relation to
Ombudsman's general powers for inspection of agency records
86 Ombudsman’s general powers
telecommunications-interception-and-access-act-1979.pdf, p.264
87 Power to obtain relevant information
The Ombudsman can compel an officer to provide relevant information.
87(1) Power to obtain relevant information
The Ombudsman may require an officer to provide information.
87(2) Power to obtain relevant information
The officer must provide the information.
The Ombudsman may require an officer to attend for inspection.
87(3) Power to obtain relevant information
The Ombudsman may require an officer to attend.
The Ombudsman may require the chief officer to attend an inspection.
87(4) Power to obtain relevant information
The requirement must be reasonable having regard to the circumstances in which it is made.
87(5) Power to obtain relevant information
The time and day specified in a requirement under this section overlap with the circumstances.
The period or time and day specified in a requirement under this section are reasonable having regard to the circumstances in which the requirement is made.
The AI system infers the requirements from the circumstances.
The place, and the period or the time and day, specified in a requirement under this section shall be reasonable having regard to the circumstances in which the requirement is made.
The place and period specified in a requirement under this section shall be reasonable.
The information about the requirements diffuses to the circumstances.
The period or time and day specified in a requirement under this section until the circumstances.
87(6) Power to obtain relevant information
telecommunications-interception-and-access-act-1979.pdf, p.266
88 Ombudsman to be given information and access notwithstanding
Must provide information and access to documents upon request.
88(1) Ombudsman to be given information and access notwithstanding
Obligation to provide information and access.
An officer of an agency must provide information to an inspecting officer.
88(2) Ombudsman to be given information and access notwithstanding
An officer of an agency must make a record of information for the purposes of giving it to a person.
88(3) Ombudsman to be given information and access notwithstanding
telecommunications-interception-and-access-act-1979.pdf, p.267
Inspecting officer may communicate information to another inspecting officer for inspection purposes.
89 Dealing with information for the purposes of inspection and
telecommunications-interception-and-access-act-1979.pdf, p.119
Attorney-General may issue warrant for interception of communications under certain conditions.
9 Issue of telecommunications service warrants by Attorney-General
Permission to intercept communications under certain conditions.
Telecommunications service warrants issued by Attorney-General.
No liability for acts done in good faith
90 Ombudsman not to be sued
91 Delegation by Ombudsman
The Ombudsman may delegate powers to another inspecting officer.
91(1) Delegation by Ombudsman
91(2) Delegation by Ombudsman
telecommunications-interception-and-access-act-1979.pdf, p.268
92 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 Part.
92(1) Application of Ombudsman Act
Section 11A is excluded from the Ombudsman's powers and functions during certain periods.
Section 11A does not apply during the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Part.
Section 11A is excluded from the Ombudsman's powers and functions.
Section 11A does not prohibit the Ombudsman from exercising or performing a power or function.
The Ombudsman may exercise or perform a power or function despite Section 11A.
Section 11A does not relieve the Ombudsman of its obligations.
The Ombudsman is obligated to exercise or perform a power or function despite Section 11A.
92(2) Application of Ombudsman Act
An inspection officer's actions are excluded from the Ombudsman Act reference
Excluding inspecting officer's actions from Ombudsman Act reference
(2) A reference in section 19 of the Ombudsman Act 1976 to the Ombudsman’s operations does not include a reference to anything that an inspecting officer has done or omitted to do under this Part.
The exclusion is justified as an obligation
Justification of exclusion as an obligation
The exclusion is justified as a prohibition
Justification of exclusion as a prohibition
The exclusion implies that the Ombudsman Act reference does not include the inspection officer's actions
Implication of exclusion on Ombudsman Act reference
92(3) Application of Ombudsman Act
92A Exchange of information between Ombudsman or
Exchange of information between Ombudsman and State inspecting authorities
92A(1) Exchange of information between Ombudsman or
Classification of State agencies and inspecting authorities
State agency means an eligible authority of a State that is an agency.
The Ombudsman must provide information to the State inspecting authority.
92A(2) Exchange of information between Ombudsman or
Ombudsman must provide information to authority under certain conditions.
92A(3) Exchange of information between Ombudsman or
The Ombudsman may only give information...
Exchange of information between IGIS and State inspecting authorities.
92A(4) Exchange of information between Ombudsman or
Must provide information about a State agency obtained under the Inspector-General of Intelligence and Security Act 1986.
92A(5) Exchange of information between Ombudsman or
Under the Inspector-General of Intelligence and Security Act 1986
(5) The Inspector-General of Intelligence and Security may give information that: (a) relates to a State agency; and (b) was obtained by an IGIS official under the Inspector-General of Intelligence and Security Act 1986;
Must provide information about a State agency
telecommunications-interception-and-access-act-1979.pdf, p.271
Annual report on interceptions by employees
93 Annual reports to Minister about interceptions under Part 2-3
94 Annual reports regarding applications and warrants under
telecommunications-interception-and-access-act-1979.pdf, p.272
94A Reports regarding emergency interception action
Chief officer must provide written report to Minister regarding emergency interception actions.
94A(1) Reports regarding emergency interception action
Report must be given within 3 months after specified events.
94A(2) Reports regarding emergency interception action
Report requirements for emergency interception action
94A(3) Reports regarding emergency interception action
94A(4) Reports regarding emergency interception action
telecommunications-interception-and-access-act-1979.pdf, p.273
94B Reports regarding named person warrants
Agency must report to Minister on action taken under warrant.
94B(1) Reports regarding named person warrants
Chief officer must give a report within 3 months after warrant ceases to be in force.
94B(2) Reports regarding named person warrants
Must provide information about intercepted communication
94B(3) Reports regarding named person warrants
telecommunications-interception-and-access-act-1979.pdf, p.274
95 Minister may seek further information from Commonwealth
Minister may request specified information from Commonwealth agencies or authorities.
95(1) Minister may seek further information from Commonwealth
Minister may seek further information from Commonwealth
95(2) Minister may seek further information from Commonwealth
96 Annual reports by State authorities
Annual reports by State authorities must be provided to the Minister within 3 months after each June 30th.
96(1) Annual reports by State authorities
Total expenditure (including capital nature) incurred during the year
Annual report must include statement of total expenditure incurred by eligible authority
96(1A) Annual reports by State authorities
Chief officer need not give report to Minister if Minister has received written report from Minister.
96(2) Annual reports by State authorities
Chief officer need not give report to Minister
within 3 months after warrant ceases to be in force
telecommunications-interception-and-access-act-1979.pdf, p.275
Report on acts done in connection with warrant
97 Reports by Managing Directors about acts done in connection
Annual report by Minister about warrants under Part 2-5
99 Annual report by Minister about warrants under Part 2-5
telecommunications-interception-and-access-act-1979.pdf, p.120
9A Issue of named person warrants by Attorney-General
Attorney-General must issue a warrant under certain conditions.
9A(1) Issue of named person warrants by Attorney-General
(1) Upon receiving a request by the Director-General of Security for the issue of a warrant under this section in respect of a person, the Attorney-General may, under his or her hand, issue a warrant...
The Attorney-General MUST be satisfied that certain conditions are met.
The Director-General of Security MUST request the issue of a warrant.
The Attorney-General MUST be satisfied that certain conditions are met before issuing a warrant.
The Director-General of Security MUST reasonably suspect the person is engaged in activities prejudicial to security.
The Attorney-General MUST be satisfied that relying on a telecommunications service warrant would be ineffective.
Authorises interception of communications under specified conditions.
9A(1A) Issue of named person warrants by Attorney-General
Classifies communications to be intercepted.
Authorises entry on premises for equipment installation, maintenance, use or recovery.
9A(1B) Issue of named person warrants by Attorney-General
Requires Attorney-General to issue named person warrants for interception of communications.
9A(1C) Issue of named person warrants by Attorney-General
Attorney-General has an obligation to issue named person warrants.
The Attorney-General is responsible for issuing named person warrants.
telecommunications-interception-and-access-act-1979.pdf, p.123
9B Provisions applying to warrants issued under section 9 or 9A
Request for warrant must be in writing and forwarded to Attorney-General
9B(1) Provisions applying to warrants issued under section 9 or 9A
Obligation to provide request in writing
Warrant must state entry hours and may authorise measures without permission.
9B(2) Provisions applying to warrants issued under section 9 or 9A
Warrant revocation by Attorney-General before specified period ends
9B(3) Provisions applying to warrants issued under section 9 or 9A
The warrant may be revoked by the Attorney-General at any time before the end of the specified period.
Specifies temporal overlap between warrant revocation and specified period
(3) A warrant under section 9 or 9A must specify the period for which it is to remain in force.
Prohibits warrant revocation without Attorney-General's discretion
Permits Attorney-General's discretion over warrant revocation
Specifies temporal relationship between warrant revocation and specified period
9B(3A) Provisions applying to warrants issued under section 9 or 9A
Specifies temporal interval for warrant duration
(3A) The specified period must not exceed:
Issue of further warrant despite previous warrants
9B(4) Provisions applying to warrants issued under section 9 or 9A
(3) does not prevent the issue of a further warrant
Telecommunications (Interception and Access) Act 1979