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Ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed.
(2) Subsection (1) ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed.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