telecommunications-interception-and-access-act-1979.pdf, p.68
This Schedule provides for a scheme to facilitate cooperation in law enforcement matters between Australia and each foreign country that is a party to a designated international agreement.
1 Simplified outline of this Schedule
telecommunications-interception-and-access-act-1979.pdf, p.320
1 Oct 2006 (see
telecommunications-interception-and-access-act-1979.pdf, p.323
Royal Assent for Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010
1 Mar 2010
Anti-People Smuggling and Other Measures Act, 2010
1 July 2010
Freedom of Information Amendment (Reform) Act 2010
1 June 2010
telecommunications-interception-and-access-act-1979.pdf, p.327
telecommunications-interception-and-access-act-1979.pdf, p.330
Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2022
1 Apr 2022
telecommunications-interception-and-access-act-1979.pdf, p.312
1 June 1980 (see Gazette
1 June 1980 (see s. 2 and
telecommunications-interception-and-access-act-1979.pdf, p.315
1 July 1997 (s 2(2)(d))
telecommunications-interception-and-access-act-1979.pdf, p.317
1 Oct 2001
telecommunications-interception-and-access-act-1979.pdf, p.318
telecommunications-interception-and-access-act-1979.pdf, p.319
Amendment of telecommunications interception provisions
The scheme imposes obligations on the State to cooperate in law enforcement matters.
The scheme grants permission to competent authorities of foreign countries to issue international production orders.
telecommunications-interception-and-access-act-1979.pdf, p.91
Person is taken to have uploaded material for storage or back-up by the storage/back-up service.
10 Uploaded material
telecommunications-interception-and-access-act-1979.pdf, p.316
10 Dec
Amendment machinery for Australian Federal Police Legislation Amendment Act 2000
Requires a relation between identifiable temporal intervals for amendment machinery
Amendment machinery is conditional on the Act's commencement
Mandatory commencement of certain provisions
telecommunications-interception-and-access-act-1979.pdf, p.326
10 Sept
telecommunications-interception-and-access-act-1979.pdf, p.329
Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Act 2019
Requires compliance with certain items in Schedule 1
telecommunications-interception-and-access-act-1979.pdf, p.331
10 Aug
Comprehensive Review and Other Measures No. 2 Act 2023
Person uses device with software that automatically uploads material
telecommunications-interception-and-access-act-1979.pdf, p.202
Issue of further international production order under clause 98 that is in respect of the person and directed to the provider.
100 Issue of further international production order
telecommunications-interception-and-access-act-1979.pdf, p.203
101 Application for international production order—national
Application for international production order under clause 107.
101(1) Application for international production order—national
...for an international production order under clause 107.
State has obligation to apply for international production order.
Application must nominate a designated international agreement.
101(2) Application for international production order—national
Must nominate an international agreement.
Application must be made by Director-General, Deputy Director-General, or eligible position-holder with authorization.
101(3) Application for international production order—national
Authorise eligible position-holders to make applications on behalf of the Organisation.
101(4) Application for international production order—national
Specify temporal interval for authorization
(4) The Director-General of Security may authorise in writing...
...eligible position-holders who, or classes of eligible position-holders...
Create knowledge graph for authorization
Specify recurring trace for authorization
102 Form of application
102(1) Form of application
Telephone application permitted under urgent circumstances
102(2) Form of application
telecommunications-interception-and-access-act-1979.pdf, p.204
Application must provide Organisation's name and person making application on behalf of the organisation.
103 Contents of written application
104 Affidavits to accompany written application
Affidavit required for written application
104(1) Affidavits to accompany written application
Affidavits must set out facts and grounds for application
104(2) Affidavits to accompany written application
Written application may be accompanied by multiple affidavits.
104(3) Affidavits to accompany written application
Information must be provided on telephone application
105 Information to be given on telephone application
telecommunications-interception-and-access-act-1979.pdf, p.205
106 Giving further information to nominated ART Intelligence and
A nominated ART Intelligence and Security member may require further information.
106(1) Giving further information to nominated ART Intelligence and
(1) A nominated ART Intelligence and Security member may require further information to be given in connection with an application under clause 101
Provide further information on oath or as directed by nominated ART Intelligence and Security member.
106(2) Giving further information to nominated ART Intelligence and
Obligation to provide further information
107 Issue of international production order—national security
Prohibition on issuing international production order for a particular person
107(1) Issue of international production order—national security
...an international production order that: (a) is in respect of a particular person (the relevant person); and (b) is directed to a prescribed communications provider.
Defines the temporal scope of the provision
(1) This clause applies if the Organisation applies, under clause 101...
Prohibits issuing international production order
National security justification for issuing international production orders
107(2) Issue of international production order—national security
Issuance of international production order overlaps with national security justification
Specifies the temporal overlap between national security justification and issuance of international production orders
Issuance of international production order is inferred from national security justification
Specifies the inference relationship between national security justification and issuance of international production orders
State must issue international production order
Imposes an obligation on the state to issue international production orders for national security reasons
Issuance of international production order is diffused from national security justification
Specifies the diffusion of information from national security justification to issuance of international production orders
Issuance of international production order is until national security justification
Specifies the temporal relationship between national security justification and issuance of international production orders
telecommunications-interception-and-access-act-1979.pdf, p.208
International production orders relating to national security must comply with this clause.
108 Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.209
Conditional commencement of international production order
109 Issue of further international production order
Requires a relation between identifiable temporal intervals for conditional commencement
Conditional commencement is Undertaking, not Prohibition
10A When a prescribed communications provider is based in, or
A prescribed communications provider is based in a foreign country if they are ordinarily resident there.
10A(1) When a prescribed communications provider is based in, or
Ordinary residence is a condition for being based in a foreign country
A prescribed communications provider is based in a foreign country if it is incorporated or has its principal place of business there.
10A(2) When a prescribed communications provider is based in, or
...the provider is incorporated in the foreign country.
Temporal relationship between 'incorporated' and 'based in'
(2) For the purposes of the application of this Schedule to a prescribed communications provider that is a body corporate, the provider is based in a foreign country if...
...the provider is incorporated in the foreign country; or...the provider has its principal place of business in the foreign country.
...the provider has its principal place of business in the foreign country.
Obligation to have principal place of business
Obligation to be incorporated in foreign country
Temporal relationship between 'principal place of business' and 'based in'
A prescribed communications provider operates in a foreign country if, and only if: International production orders
10A(3) When a prescribed communications provider is based in, or
telecommunications-interception-and-access-act-1979.pdf, p.92
Defines intended recipient of a communication
11 Intended recipient of a communication
Conditional commencement of Crimes and Other Legislation Amendment (Omnibus) Act 2023
11 Aug
Requires relation between identifiable temporal intervals for conditional commencement
Conditional commencement of certain schedules and amendments.
11 Nov
11 Nov 1999
11 Oct
telecommunications-interception-and-access-act-1979.pdf, p.328
Describes the relationship between the state and the intended recipient
telecommunications-interception-and-access-act-1979.pdf, p.211
Must consider if order complies with designated international agreement before giving it to the provider.
110 Simplified outline of this Part
If the Australian Designated Authority is satisfied that the order complies with the designated international agreement nominated in the application for the order, the Australian Designated Authority must give the order to the prescribed communications provider.
Must consider if order complies with designated international agreement.
The Australian Designated Authority must consider whether the order complies with the designated international agreement nominated in the application for the order.
Must cancel the order if it does not comply with designated international agreement.
If the Australian Designated Authority is not satisfied that the order complies with the designated international agreement nominated in the application for the order, the Australian Designated Authority must cancel the order.
Agency must give order to Australian Designated Authority
111 Giving of international production orders—relevant agency
telecommunications-interception-and-access-act-1979.pdf, p.213
The Organisation must give an international production order to the Australian Designated Authority as soon as practicable after it is issued.
112 Giving of international production orders—the Organisation
The Organisation must give an international production order.
telecommunications-interception-and-access-act-1979.pdf, p.216
Chief officer must revoke order if grounds cease to exist.
113 Simplified outline of this Part
114 Revocation of international production orders—relevant agency
Agency chief officer may revoke international production orders issued in response to an application.
114(1) Revocation of international production orders—relevant agency
Order revocation conditional on grounds ceasing to exist
(d) must revoke the order if the chief officer is satisfied that the grounds on which the order was issued have ceased to exist.
Agency chief officer obligation to revoke order
Agency chief officer duty to revoke order if grounds cease to exist
Agency chief officer permission to revoke order without grounds ceasing
Agency must provide written instrument for revocation of international production orders.
114(2) Revocation of international production orders—relevant agency
Ground for revocation of international production orders ceases if no Part 5.3 supervisory order is in force.
114(3) Revocation of international production orders—relevant agency
...that ground is taken to have ceased to exist if, and only if, neither that Part 5.3 supervisory order, nor any succeeding Part 5.3 supervisory order, is in force.
Ground for revocation meets the condition of no supervisory order being in force.
(3) For the purposes of the application of subclause (1) to an international production order...
Ground for revocation recognizes the condition of no supervisory order being in force.
Ground for revocation ceases if no supervisory order is in force.
Ground for revocation spreads to the condition of no supervisory order being in force.
telecommunications-interception-and-access-act-1979.pdf, p.217
115 Giving of instrument of revocation—relevant agency
Agency must give instrument of revocation to Australian Designated Authority
115(1) Giving of instrument of revocation—relevant agency
Agency must give instrument of revocation
Must provide instrument of revocation to prescribed communications provider
115(2) Giving of instrument of revocation—relevant agency
Conditional commencement of revocation under clause 114
115(3) Giving of instrument of revocation—relevant agency
telecommunications-interception-and-access-act-1979.pdf, p.218
116 Revocation of international production orders—the
Director-General may revoke international production order
116(1) Revocation of international production orders—the
A revocation under this clause must be set out in a written instrument.
116(2) Revocation of international production orders—the
Must provide a written instrument for revocation
117 Giving of instrument of revocation—the Organisation
Must provide instrument of revocation to Australian Designated Authority upon revocation.
117(1) Giving of instrument of revocation—the Organisation
Must provide instrument of revocation to communications provider after order revocation
117(2) Giving of instrument of revocation—the Organisation
(c) give the instrument of revocation to the prescribed communications provider
Must provide instrument of revocation as soon as practicable
(d) do so as soon as practicable after the instrument of revocation is given to the Australian Designated Authority
Revocation takes effect upon giving of instrument or when revocation is made.
117(3) Giving of instrument of revocation—the Organisation
Clauses 112 ceases to apply when revocation takes effect.
117(4) Giving of instrument of revocation—the Organisation
telecommunications-interception-and-access-act-1979.pdf, p.219
118 Delegation by the chief officer of a relevant agency
Delegation of functions or powers by the chief officer.
118(1) Delegation by the chief officer of a relevant agency
Delegate must comply with directions of the chief officer.
118(2) Delegation by the chief officer of a relevant agency
telecommunications-interception-and-access-act-1979.pdf, p.220
119 Delegation by the Director-General of Security
Delegate functions or powers to Deputy Director-General of Security or ASIO employee
119(1) Delegation by the Director-General of Security
Delegation by the Director-General of Security
119(2) Delegation by the Director-General of Security
(2) In performing functions, or exercising powers, under a delegation under subclause (1), the delegate must comply with any directions of the Director-General of Security.
Reference to use of a thing is to its use in isolation or conjunction with other things.
12 Use of a thing
12 Dec
Remains of Royal Assent for certain items in Schedule 1, Statute Law Revision Act 1996
12 June 1996
12 Nov
12 Feb
telecommunications-interception-and-access-act-1979.pdf, p.325
12 Sept
Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
Defines temporal interval for commencement of the Act
Prohibits slavery and slavery-like conditions
Imposes obligation on agents to prevent slavery and slavery-like conditions
Permits agents to take measures to prevent slavery and slavery-like conditions
telecommunications-interception-and-access-act-1979.pdf, p.221
Communications provider may object to international production order on grounds of non-compliance with designated agreement.
120 Simplified outline of this Part
121 Prescribed communications provider may object to
Provider may object to order on grounds of non-compliance with designated international agreement
121(1) Prescribed communications provider may object to
Notice with reasons for non-compliance with designated international agreement
Must provide notice to Australian Designated Authority within a reasonable time after international production order is given.
121(2) Prescribed communications provider may object to
telecommunications-interception-and-access-act-1979.pdf, p.222
122 Cancellation of international production orders
Cancellation of international production orders
122(1) Cancellation of international production orders
The Australian Designated Authority must not cancel an international production order.
Prohibits cancellation of international production orders
(1) The Australian Designated Authority may cancel an international production order.
Any entity must not cancel an international production order.
Prohibits cancellation of international production orders by any entity
Cancellation of international production orders implies a prohibition
Implies that cancellation of international production orders is a prohibition
A written instrument must be used to cancel an international production order.
122(2) Cancellation of international production orders
Inform relevant agencies or Organisation of cancellation
122(3) Cancellation of international production orders
Must provide instrument of cancellation to prescribed communications provider after cancelling international production order.
122(4) Cancellation of international production orders
Must provide instrument of cancellation.
Cancellation takes effect upon instrument of cancellation being given or made.
122(5) Cancellation of international production orders
122(6) Cancellation of international production orders
telecommunications-interception-and-access-act-1979.pdf, p.224
Civil penalties for failing to comply with international production orders
123 Simplified outline of this Part
Compliance with international production orders
124 Compliance with international production orders
...the prescribed communications provider meets the enforcement threshold.
...the prescribed communications provider must comply.
Given an international production order...
125 When a prescribed communications provider meets the
Prescribed communications provider must meet enforcement threshold to be considered compliant.
125(1) When a prescribed communications provider meets the
Prescribed communications provider must meet enforcement threshold
Ordinary resident in Australia is considered Australian for purposes of this clause.
125(2) When a prescribed communications provider meets the
Individual who is ordinarily resident in Australia is considered Australian
telecommunications-interception-and-access-act-1979.pdf, p.226
126 Civil penalty provision—enforcement
126(1) Civil penalty provision—enforcement
Defines Communications Access Coordinator as authorised applicant for civil penalty provision.
126(2) Civil penalty provision—enforcement
Communications Access Coordinator is an authorised applicant
126(3) Civil penalty provision—enforcement
Defines temporal interval for penalty application
(3) For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, the Federal Court of Australia and the Federal Circuit and Family Court of Australia are relevant courts in relation to a civil penalty provision in this Part.
Implicates penalty application based on court relevance
Establishes recurring trace for penalty application
Omits and substitutes certain words in a regulatory provision
126(4) Civil penalty provision—enforcement
Prohibition on application of Part 4 to acts outside Australia
126(5) Civil penalty provision—enforcement
Application of Part 4 is prohibited for acts outside Australia
Prohibits application of Part 4 to acts outside Australia
Part 4 applies only to acts within Australia
telecommunications-interception-and-access-act-1979.pdf, p.227
Annual reports must be given by certain agencies and authorities.
127 Simplified outline of this Part
telecommunications-interception-and-access-act-1979.pdf, p.228
Annual reports by relevant agencies must be submitted within 3 months after the end of each financial year.
128 Annual reports by relevant agencies
Annual reports must be submitted within 3 months after the end of each financial year.
telecommunications-interception-and-access-act-1979.pdf, p.229
129 Reports to be made to the Attorney-General by the
A particular person may be identified by various means.
13 Identification of a particular person
telecommunications-interception-and-access-act-1979.pdf, p.321
13 June 2006 (s 2(1)
Conditional commencement of Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
13 Feb 2010
Conditional commencement is specified as February 2010
13 July
Customs and Other Legislation Amendment (Australian Border Force) Act 2015
13 April
Conditional commencement of Act on September 14, 2023
13 Sept
A relation between the dates is required
Requires a relation between identifiable temporal intervals
The text mentions a specific date and year for commencement
telecommunications-interception-and-access-act-1979.pdf, p.230
130 Annual reports by the Australian Designated Authority
Annual reports by the Australian Designated Authority must be provided within 3 months after the end of each financial year.
130(1) Annual reports by the Australian Designated Authority
Classification of international production orders
The Minister must provide a copy of the report to the Attorney-General.
130(2) Annual reports by the Australian Designated Authority
The Minister must provide a copy of the report.
The Minister has an obligation to provide a copy of the report.
telecommunications-interception-and-access-act-1979.pdf, p.232
131 Annual reports by the Minister
Annual reports must be prepared by the Minister.
131(1) Annual reports by the Minister
The Minister must cause a report to be tabled in each House of the Parliament.
131(2) Annual reports by the Minister
The Minister must cause a report to be tabled.
Annual reports must not be made in a manner that enables identification of a person.
131(3) Annual reports by the Minister
Annual reports by the Minister are required.
131(4) Annual reports by the Minister
132 Deferral of inclusion of information in Ministerial report
The Minister must not include certain information in the report.
132(1) Deferral of inclusion of information in Ministerial report
The Minister is prohibited from including certain information.
Minister must advise not to include information in report if chief officer satisfies certain conditions.
132(2) Deferral of inclusion of information in Ministerial report
Chief officer's satisfaction with information must occur during report preparation.
chief officer is satisfied that the information is Part 5.3 information
Minister's action is influenced by chief officer's satisfaction with information.
Minister must advise not to include information in report.
Minister has an obligation to advise not to include information in report.
Chief officer's satisfaction with information leads to Minister advising not to include information in report.
Information must be included in report if chief officer does not satisfy certain conditions.
chief officer is not satisfied that the information is Part 5.3 information
Minister must notify chief officer in writing and not include information in report until decided otherwise.
132(3) Deferral of inclusion of information in Ministerial report
Minister has a duty to notify chief officer in writing.
Minister must not include information in report until decided otherwise.
Chief officer must reconsider information before Minister prepares next report.
132(4) Deferral of inclusion of information in Ministerial report
Minister must prepare next report with reconsidered information.
Chief officer must reconsider information.
telecommunications-interception-and-access-act-1979.pdf, p.237
133 Keeping documents associated with international production
Agency must keep records of international production orders and authorizations.
133(1) Keeping documents associated with international production
Must keep documents for a certain period
133(2) Keeping documents associated with international production
telecommunications-interception-and-access-act-1979.pdf, p.238
134 Other records to be kept—relevant agencies
Agency must keep records of international production orders and communications.
134(1) Other records to be kept—relevant agencies
Records are kept in the agency's records.
Minister may prescribe documents and materials to be kept in agency records.
134(2) Other records to be kept—relevant agencies
telecommunications-interception-and-access-act-1979.pdf, p.240
135 Keeping documents associated with international production
Must keep specified documents in Organisation’s records
135(1) Keeping documents associated with international production
The Organisation must keep a copy of the document for 3 years or until it ceases to retain information obtained in accordance with an international production order.
135(2) Keeping documents associated with international production
The document must be kept for 3 years or until it ceases to retain information obtained in accordance with an international production order.
Defines the temporal interval for keeping the document.
The period for which the Director-General of Security must cause a copy of the document to be kept is the period starting when the document came into existence.
The Organisation applies the rule by keeping the document.
Describes the application of the rule to the Organisation.
The Director-General of Security must cause a copy of the document to be kept in the Organisation’s records under subclause (1).
The Organisation has a duty to keep the document.
Imposes a duty on the Organisation to keep the document.
The Organisation's records include documents related to international production orders.
Describes the scope of the Organisation's records.
The document is kept in the Organisation’s records under subclause (1).
The document must be kept in an ordered trace for 3 years or until it ceases to retain information obtained in accordance with an international production order.
Defines the temporal interval for keeping the document as an ordered trace.
An agreement under paragraph (1)(bd) is not a legislative instrument.
135(3) Keeping documents associated with international production
telecommunications-interception-and-access-act-1979.pdf, p.241
Must keep records of international production orders
136 Other records to be kept—the Organisation
telecommunications-interception-and-access-act-1979.pdf, p.244
137 Keeping documents associated with international production
Must keep documents associated with international production orders
137(1) Keeping documents associated with international production
Document retention obligation for Australian Designated Authority
137(2) Keeping documents associated with international production
(2) The period for which the Australian Designated Authority must cause a document to be kept...
The Australian Designated Authority must keep certain records.
138 Other records to be kept—Australian Designated Authority
telecommunications-interception-and-access-act-1979.pdf, p.248
139 Register of international production orders
Register of international production orders must be kept.
139(1) Register of international production orders
Record specific details in the register for each international production order
139(2) Register of international production orders
Must record specific details in the register
Access to register information for performance of function or exercise of power
139(3) Register of international production orders
telecommunications-interception-and-access-act-1979.pdf, p.93
14 Eligible judge
14 Dec
telecommunications-interception-and-access-act-1979.pdf, p.314
Conditional commencement of certain sections
Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010
14 Apr
14 Mar
telecommunications-interception-and-access-act-1979.pdf, p.332
Conditional commencement of Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024
14(1) Eligible judge
Judge is a superior Court Judge during an international production order
A Judge may consent to be nominated by the Attorney-General.
14(2) Eligible judge
Temporal interval during which a Judge can consent
(2) A Judge may, by writing, consent to be nominated by the Attorney-General under subclause (3).
Artificial intelligence inference for a Judge's consent
Attorney-General may declare judges eligible for purposes of Schedule.
14(3) Eligible judge
Eligible Judge has protection and immunity as a Justice of the High Court.
14(4) Eligible judge
telecommunications-interception-and-access-act-1979.pdf, p.250
140 Destruction of records
Destroy records not likely required for purpose of clause 153 or 157
140(1) Destruction of records
...the record must be destroyed immediately after becoming so satisfied.
(d) the chief officer of the agency is satisfied that the record is not likely to be required for a purpose referred to in clause 153 or 157;
...the chief officer must cause the record to be destroyed immediately after becoming so satisfied.
(a) an international production order was issued in response to an application made by a relevant agency; and (b) ...
(c) a record of the intercepted communications, intercepted messages, intercepted voice calls, or intercepted video calls, as the case may be, is in the agency’s possession;
Destroy records if not required for a purpose referred to in clause 153 or 157
140(2) Destruction of records
the Director-General of Security must cause the record to be destroyed immediately after becoming so satisfied.
Records are within a temporal interval that requires destruction if not required for a purpose referred to in clause 153 or 157
Imposes a prohibition on destroying records
Imposes an obligation on the Director-General of Security to destroy records
Destroy copy of stored communications if not required for a specific purpose.
140(3) Destruction of records
...the chief officer must cause the copy to be destroyed immediately after becoming so satisfied.
...the chief officer must cause the copy to be destroyed immediately...
Prohibition of destroying copy of stored communications.
Prohibition on destruction of records in compliance with international production order
140(4) Destruction of records
telecommunications-interception-and-access-act-1979.pdf, p.253
Inspect records of relevant agencies to determine compliance with the Schedule.
141 Simplified outline of this Part
142 Inspection of records—relevant agency
Ombudsman may inspect records of a relevant agency to determine compliance.
142(1) Inspection of records—relevant agency
Regulations may prescribe certain agencies or functions for the purposes of this subclause.
142(1A) Inspection of records—relevant agency
Ombudsman must inspect records for relevant agency
142(2) Inspection of records—relevant agency
telecommunications-interception-and-access-act-1979.pdf, p.254
143 Inspection of records—Australian Designated Authority
Ombudsman may inspect records of Australian Designated Authority to determine compliance.
143(1) Inspection of records—Australian Designated Authority
The Ombudsman may enter premises, access records, and require information from staff.
143(2) Inspection of records—Australian Designated Authority
The Ombudsman requires a member of staff to give information.
The Ombudsman has full and free access to relevant records.
Must have full and free access to records
The Ombudsman has access to relevant records.
The Ombudsman may enter premises at any reasonable time.
May enter premises at any reasonable time
Ombudsman must give reasonable notice before inspecting records.
143(3) Inspection of records—Australian Designated Authority
143(4) Inspection of records—Australian Designated Authority
telecommunications-interception-and-access-act-1979.pdf, p.255
Ombudsman may require officer to provide information or attend inspection
144 Power to obtain relevant information
telecommunications-interception-and-access-act-1979.pdf, p.257
145 Ombudsman to be given information and access despite other
Must provide information, answer questions, or give access to documents despite other laws.
145(1) Ombudsman to be given information and access despite other
Must provide information, answer questions, or give access to documents.
Information obtained as a consequence of giving access to a document cannot be used in evidence against the person except in certain cases.
145(2) Ombudsman to be given information and access despite other
Prohibits use of information as evidence in certain cases.
Officer may give information to inspecting officer
145(3) Ombudsman to be given information and access despite other
telecommunications-interception-and-access-act-1979.pdf, p.258
146 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.
146(1) Application of Ombudsman Act
...the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Part.
The exclusion clause overlaps with Section 11A.
(1) Section 11A of the Ombudsman Act 1976 does not apply in relation to...
Section 11A is excluded from application.
The exclusion clause repeats in relation to Section 11A.
Exclusion of inspecting officer's actions from Ombudsman Act references
146(2) Application of Ombudsman Act
Ombudsman Act references do not include inspecting officer's actions within a specific time interval
Ombudsman Act references do not include inspecting officer's actions
Exclusion of inspecting officer's actions
Application of Ombudsman Act to this Part
146(3) Application of Ombudsman Act
International production orders Schedule 1 Oversight by the Commonwealth Ombudsman Part 10 Clause 147 Telecommunications (Interception and Access) Act 1979
telecommunications-interception-and-access-act-1979.pdf, p.259
147 Exchange of information between Ombudsman or
Ombudsman may give information to another authority with similar powers and function.
147(1) Exchange of information between Ombudsman or
similar kind to those provided for in clause 142
Ombudsman must provide information if necessary to perform functions.
147(2) Exchange of information between Ombudsman or
Inspecting authority must provide Ombudsman with relevant information.
147(3) Exchange of information between Ombudsman or
telecommunications-interception-and-access-act-1979.pdf, p.260
148 Delegation by Ombudsman
The Ombudsman may delegate certain powers to APS employees or persons with similar oversight functions.
148(1) Delegation by Ombudsman
Delegate must provide instrument of delegation upon request.
148(2) Delegation by Ombudsman
Delegate must provide instrument of delegation.
telecommunications-interception-and-access-act-1979.pdf, p.261
Ombudsman not liable to action for acts done in good faith
149 Ombudsman not to be sued
If the Ombudsman does not act in good faith, then they are liable to an action.
The Ombudsman is not liable to an action for acts done in good faith.
If the Ombudsman has an obligation, then they must perform their duty.
The Ombudsman's obligation implies their duty.
Obligation is a necessary condition for duty
telecommunications-interception-and-access-act-1979.pdf, p.94
Attorney-General may nominate a person to issue international production orders.
15 Nominated ART member
telecommunications-interception-and-access-act-1979.pdf, p.313
15 June
15 Dec 2004
Telecommunications (Interception and Access) Amendment Act 2007
15 Mar
150 Reports
Report to Minister on inspections results
150(1) Reports
Must provide report to Minister after financial year end.
150(2) Reports
Minister must table a report in each House of Parliament within 15 sitting days.
150(3) Reports
The Ombudsman must report to the Minister in writing about inspection results.
150(4) Reports
Ombudsman must report on inspection results
150(5) Reports
telecommunications-interception-and-access-act-1979.pdf, p.263
Protected information cannot be used, recorded or disclosed without an exception.
151 Simplified outline of this Part
Prohibits the use, recording or disclosure of protected information.
152 Prohibition on use, recording or disclosure of protected
Use, recording or disclosure of protected information is prohibited.
152(1) Prohibition on use, recording or disclosure of protected
Prohibits the use, recording or disclosure of protected information at all times.
(1) A person commits an offence if: (a) the person uses, records or discloses information; and (b) the information is protected information; and (c) the use, recording or disclosure of the information is not permitted by this Part.
Infer prohibition from protected information.
Diffuses prohibition to all relevant entities.
Protected information cannot be admitted in evidence.
152(2) Prohibition on use, recording or disclosure of protected
Prohibits the use of protected information.
Protected information may be used for specific purposes.
153 Exceptions—general
telecommunications-interception-and-access-act-1979.pdf, p.267
Disclosure of protected information to the Minister for ministerial purposes.
154 Exception—disclosure to the Minister
telecommunications-interception-and-access-act-1979.pdf, p.268
Disclosure of protected information to the Attorney-General for official purposes.
155 Exception—disclosure to the Attorney-General
Disclosure of aggregate statistical information is permitted.
156 Exception—statistical information
Disclosure of statistical information is permitted.
Protected information may be used for certain purposes in specific proceedings.
157 Exceptions—international production orders relating to
Permission to use protected information.
telecommunications-interception-and-access-act-1979.pdf, p.278
Protected information may be used, recorded or disclosed for certain purposes.
158 Exceptions—international production orders relating to stored
Protected information may be used, recorded or disclosed
telecommunications-interception-and-access-act-1979.pdf, p.279
159 Exceptions—telecommunications data
Protected information may be used for enforcement of criminal law, pecuniary penalties, or public revenue.
159(1) Exceptions—telecommunications data
Permission to use protected information for specified purposes.
Protected information must be disclosed if a person is missing and notified to the authorities.
159(2) Exceptions—telecommunications data
Mandatory disclosure of protected information.
16 Issuing authority
16 Dec
16 Dec 1983
Repeal of sections 56–59 and consequential provisions
Prohibition on transitional provisions and consequential amendments
16 Dec 1994
Consequential and transitional amendment to the Public Employment (Consequential and Transitional) Amendment Act 1999
16 July
The Attorney-General may appoint a person as an issuing authority.
16(1) Issuing authority
Consent to be appointed by the Attorney-General
16(2) Issuing authority
Appointment ceases if Attorney-General cannot appoint
16(3) Issuing authority
No effect on provisions of this Act (other than this Schedule)
16(4) Issuing authority
Issuing authority has protection and immunity as a Justice of the High Court.
16(5) Issuing authority
telecommunications-interception-and-access-act-1979.pdf, p.281
Issue an evidentiary certificate setting out facts with respect to acts or things done by the provider in order to comply with an international production order.
160 Simplified outline of this Part
telecommunications-interception-and-access-act-1979.pdf, p.282
161 Evidentiary certificates—compliance with international
Manager must issue written certificate for compliance with international production order.
161(1) Evidentiary certificates—compliance with international
Provider may issue written certificate setting out facts relevant to compliance with international production order.
161(2) Evidentiary certificates—compliance with international
Conclusive evidence of matters stated in the document
161(3) Evidentiary certificates—compliance with international
The document is received in evidence during proceedings.
Document is received in evidence during proceedings
(3) A document purporting to be a certificate...
The document implies the matters stated are true.
Document implies the matters stated are true
The document is recognized as conclusive evidence.
Document is recognized as conclusive evidence
The document spreads information about the matters stated.
Document spreads information about the matters stated
telecommunications-interception-and-access-act-1979.pdf, p.283
Manager must issue written certificate with relevant information about provider's actions in connection with international production order.
162 Evidentiary certificates—voluntary provision of associated
telecommunications-interception-and-access-act-1979.pdf, p.290
163 Evidentiary certificates—interception
Certifying officer must issue written certificate with relevant facts.
163(1) Evidentiary certificates—interception
Certifying officer has an obligation to issue a written certificate.
The certifying officer has permission to issue a written certificate.
Certifying officer must issue written certificate setting out relevant facts.
163(2) Evidentiary certificates—interception
Certifying person must issue written certificate with relevant facts.
163(3) Evidentiary certificates—interception
Certifying person has an obligation to issue written certificate.
A document purporting to be a certificate issued under subclause (1), (2) or (3) must be provided.
163(4) Evidentiary certificates—interception
telecommunications-interception-and-access-act-1979.pdf, p.292
164 Evidentiary certificates—stored communications
164(1) Evidentiary certificates—stored communications
Certifying officer has an obligation to issue written certificate.
Certifying officer must issue written certificate setting out relevant facts regarding receipt of stored communications or telecommunications data.
164(2) Evidentiary certificates—stored communications
Certificate is issued at the time of receipt.
(2) A certifying officer of a Part 5.3 IPO agency may issue a written certificate...
Issuing the certificate implies that the officer has considered relevant facts.
Certificate is transmitted to the agency.
written certificate signed by the certifying person
164(3) Evidentiary certificates—stored communications
Exhibit stored communication certificates as prima facie evidence in Australian proceedings.
164(4) Evidentiary certificates—stored communications
Legal obligation to provide stored communication certificates.
telecommunications-interception-and-access-act-1979.pdf, p.293
165 Evidentiary certificates—telecommunications data
Telecommunications data disclosure information
165(1) Evidentiary certificates—telecommunications data
Telecommunications data disclosure facts
165(2) Evidentiary certificates—telecommunications data
Telecommunications data disclosure details
165(3) Evidentiary certificates—telecommunications data
Certifying person has an obligation to issue a written certificate.
Document purporting to be a certificate is prima facie evidence in proceedings.
165(4) Evidentiary certificates—telecommunications data
Obligation to receive document as evidence
telecommunications-interception-and-access-act-1979.pdf, p.294
166 Evidentiary certificates—Australian Designated Authority
Issue a written certificate with relevant facts to prescribed communications providers.
166(1) Evidentiary certificates—Australian Designated Authority
Issuance of written certificate by Australian Designated Authority
166(2) Evidentiary certificates—Australian Designated Authority
Issue a written certificate with relevant facts about the copy
166(3) Evidentiary certificates—Australian Designated Authority
Issue written certificate with relevant facts about telecommunications data disclosure
166(4) Evidentiary certificates—Australian Designated Authority
Australian Designated Authority must issue written certificate
A document purporting to be a certificate is prima facie evidence in a proceeding.
166(5) Evidentiary certificates—Australian Designated Authority
It is prima facie evidence in a proceeding.
Obligation to provide prima facie evidence
The document purports to be a certificate.
telecommunications-interception-and-access-act-1979.pdf, p.296
Exemption from certain provisions for acts done in compliance with foreign country orders or requests under international agreements.
167 Simplified outline of this Part
Granting permission for certain actions.
Exemptions from prohibitions for international agreements
168 Incoming orders and requests—exemptions from various
telecommunications-interception-and-access-act-1979.pdf, p.297
Disclosure of information in compliance with foreign orders or requests
169 Interaction with the Privacy Act 1988
Disclosure of information in compliance with any such order or request
Designated international agreement between Australia and one or more foreign countries
telecommunications-interception-and-access-act-1979.pdf, p.95
The Attorney-General may nominate a person to issue international production orders.
17 Nominated ART Intelligence and Security member
17 Oct
17 Oct 1984
17 Jan 1990
Conditional commencement of legislation amendment act
17 Feb
17 Dec
May issue international production orders.
telecommunications-interception-and-access-act-1979.pdf, p.299
170 Simplified outline of this Part
171 Electronic service of documents
Permits electronic service of documents at nominated address.
171(1) Electronic service of documents
Requirement to provide international production orders to the Australian Designated Authority
171(2) Electronic service of documents
Mandatory provision of international production orders
telecommunications-interception-and-access-act-1979.pdf, p.300
172 International production order issued in response to a telephone
Issue an international production order in response to a telephone application made by a relevant agency or the Organisation.
172(1) International production order issued in response to a telephone
The telephone application must occur before the international production order is issued.
(1) This clause applies if a person (the issuing person) issues an international production order in response to a telephone application made by a person (the applicant) on behalf of:
Must issue an international production order
Must issue an international production order in response to a telephone application made by the Organisation.
Affidavit and authorisation must be provided within one day after the international production order is issued.
172(2) International production order issued in response to a telephone
Must provide affidavit and authorisation
Cancellation of international production order if subclause (2) not complied with.
172(3) International production order issued in response to a telephone
Written instrument required for cancellation under subclause (3)
172(4) International production order issued in response to a telephone
The written instrument must be provided during the cancellation
Written instrument must be provided during cancellation
A written instrument is required for cancellation
Must inform relevant parties of cancellation
172(5) International production order issued in response to a telephone
Duty to schedule international production order after cancellation
172(6) International production order issued in response to a telephone
the Australian Designated Authority must:
telecommunications-interception-and-access-act-1979.pdf, p.302
173 Duty of nominated ART Intelligence and Security member
174 Certified copy of international production order—interception
A certified copy of an international production order must be received in evidence.
174(1) Certified copy of international production order—interception
Obligation to provide a certified copy of an international production order.
Document must be known as a certified copy of the original international production order.
174(2) Certified copy of international production order—interception
telecommunications-interception-and-access-act-1979.pdf, p.303
175 Certified copy of international production order—criminal
175(1) Certified copy of international production order—criminal
Must provide a certified copy of an international production order.
175(2) Certified copy of international production order—criminal
Must provide a specific name for the document.
176 Certified copy of international production order—enforcement
A certified copy of an international production order must be provided in certain proceedings.
176(1) Certified copy of international production order—enforcement
176(2) Certified copy of international production order—enforcement
Prohibition on receiving certified copy of international production order in certain proceedings
177 Certified copy of international production order—Part 5.3 IPO
Prohibits receiving certified copy of international production order in certain proceedings
telecommunications-interception-and-access-act-1979.pdf, p.305
178 Certified copy of international production order—the
Exhibit certified copy of international production order in court proceedings.
178(1) Certified copy of international production order—the
Legal obligation to provide certified copy of international production order.
Certified copy of international production order
178(2) Certified copy of international production order—the
178(3) Certified copy of international production order—the
Must provide certified copy of international production order.
178(4) Certified copy of international production order—the
Exhibit certified copy of international production order in certain proceedings.
178(5) Certified copy of international production order—the
Obligation to provide certified copy of international production order.
178(6) Certified copy of international production order—the
telecommunications-interception-and-access-act-1979.pdf, p.306
179 Delegation by the Australian Designated Authority
Delegation of functions or powers to SES employees and APS employees in the Attorney-General's Department.
179(1) Delegation by the Australian Designated Authority
Authority to delegate functions or powers
Delegation must comply with directions of the Australian Designated Authority.
179(2) Delegation by the Australian Designated Authority
Comply with directions of the Australian Designated Authority
Delegate performing functions or exercising powers under a delegation
telecommunications-interception-and-access-act-1979.pdf, p.97
17A Urgent circumstances
Application under Part 2 or 3 of the Schedule for an international production order by telephone in urgent circumstances.
17A(1) Urgent circumstances
the circumstances exist if, and only if:
The text establishes a temporal relationship between the circumstances and the application.
an imminent risk of serious harm to a person or substantial damage to property exists
the circumstances are represented if, and only if:
The text represents knowledge about the circumstances and the application.
it is necessary to make an application under Part 2 or 3 of this Schedule for an international production order by telephone if, and only if:
Urgent circumstances necessitate the application.
the application under Part 2 or 3 of this Schedule for an international production order by telephone must be made if, and only if:
It is not practicable in the circumstances to make the application in writing.
The text establishes a recurring trace between the circumstances and the application.
Application under Part 4 of this Schedule for an international production order by telephone is permitted if certain conditions are met.
17A(2) Urgent circumstances
Temporal relation between urgency and application by telephone.
Permission to make application by telephone under Part 4 of this Schedule.
(2) For the purposes of this Schedule, it is necessary...
Oral consent required for international production order under urgent circumstances
17A(3) Urgent circumstances
Attorney-General permits international production order under urgent circumstances
(3) For the purposes of this Schedule, it is necessary...
telecommunications-interception-and-access-act-1979.pdf, p.98
Disregard expressions in this Schedule when determining meaning of other provisions.
18 Meaning of expressions in other provisions of this Act
18 Sept
18 Sept 2018 (s 2(1)
180 Minor defects in connection with international production order
Information obtained in accordance with an international production order is taken to have been so if there's a defect or irregularity.
180(1) Minor defects in connection with international production order
the information is taken to have been obtained in accordance with the international production order.
Temporal relationship between obtaining information and its defect/irregularity.
(b) there is a defect or irregularity in relation to the international production order;
Conditional relationship between obtaining information and its defect/irregularity.
(a) information is purportedly obtained in accordance with an international production order;
Obligation to provide information in accordance with an international production order.
Defect or irregularity in relation to an international production order means a defect or irregularity that is not substantial and related to the issue of a document purporting to be the international production order, compliance with the international production order, or purported compliance.
180(2) Minor defects in connection with international production order
telecommunications-interception-and-access-act-1979.pdf, p.307
181 Protection of persons—control order declared to be void
No criminal proceeding against a person in good faith compliance with an international production order
181(1) Protection of persons—control order declared to be void
a criminal proceeding does not lie against a person in respect of anything done in good faith by the person in purported compliance with the international production order.
Temporal interval for compliance with an international production order
Knowledge representation for individuals who comply with an international production order
Obligation to comply with an international production order
Diffusion of obligations to comply with an international production order
Recurring trace for individuals who comply with an international production order
Knew or ought reasonably to have known of the declaration
181(2) Protection of persons—control order declared to be void
Reference to international agreements is a reference to the agreement as amended and in force for Australia from time to time.
182 Specification of international agreements
telecommunications-interception-and-access-act-1979.pdf, p.308
This Schedule is not intended to limit the operation of the Mutual Assistance in Criminal Matters Act 1987.
183 Operation of the Mutual Assistance in Criminal Matters Act 1987
184 Other functions or powers not limited
telecommunications-interception-and-access-act-1979.pdf, p.15
187 Definitions
telecommunications-interception-and-access-act-1979.pdf, p.16
187A Service providers must keep certain information and
Service providers must keep certain information and documents.
187A(1) Service providers must keep certain information and
Has part: Information of a kind specified in or under section 187AA.
187A(3) Service providers must keep certain information and
Minister may declare service to be subject to this Part.
187A(3A) Service providers must keep certain information and
Service providers must keep certain information for a specified period.
187A(3B) Service providers must keep certain information and
Review report within 15 sitting days of a House of the Parliament
Must refer amendment to Parliamentary Joint Committee on Intelligence and Security for review.
187A(3C) Service providers must keep certain information and
Obligation to refer amendment for review
Minister is a type of agent that must perform the action
(4) This section does not require a service provider to keep, or cause to be kept:
Service providers must keep certain information.
187A(4) Service providers must keep certain information and
telecommunications-interception-and-access-act-1979.pdf, p.19
Must keep certain information about subscribers and services.
187AA Information to be kept
Service provider must keep certain information.
telecommunications-interception-and-access-act-1979.pdf, p.22
187B Certain service providers not covered by this Part
Service providers not covered by this Part
187B(1) Certain service providers not covered by this Part
Declares subsection 187A(1) applies to a relevant service operated by a service provider.
187B(2) Certain service providers not covered by this Part
Consultation with Privacy Commissioner before declaration.
187B(2A) Certain service providers not covered by this Part
Declaration cannot proceed without consultation
Communications Access Coordinator must consult Privacy Commissioner
Consider interests of law enforcement and national security, Telecommunications Act 1997, Privacy Act 1988, and submissions from the Privacy Commissioner.
187B(3) Certain service providers not covered by this Part
Telecommunications Act 1997 and Privacy Act 1988 interests
Law enforcement and national security interests
187B(4) Certain service providers not covered by this Part
Obligation to provide written declaration.
A declaration made under subsection (2) is not a legislative instrument.
187B(5) Certain service providers not covered by this Part
Declaration made under subsection (2) is not a legislative instrument.
Written notice to Minister after declaration under subsection (2)
187B(6) Certain service providers not covered by this Part
Minister must notify Parliamentary Joint Committee on Intelligence and Security after receiving notice.
187B(7) Certain service providers not covered by this Part
Protection measures (encryption, protection from unauthorized interference/access)
telecommunications-interception-and-access-act-1979.pdf, p.23
Must protect confidentiality of information
187BA Ensuring the confidentiality of information
Period for keeping information and documents
187C Period for keeping information and documents
telecommunications-interception-and-access-act-1979.pdf, p.25
Comply with data retention implementation plan for communications carried by a service.
187D Effect of data retention implementation plans
Obligation to comply with data retention implementation plan.
Subclass of obligations related to data retention implementation plans.
187E Applying for approval of data retention implementation plans
Service provider must apply for approval of data retention implementation plan.
187E(1) Applying for approval of data retention implementation plans
Service provider must apply for approval.
Interim arrangements for keeping and ensuring confidentiality of information and documents
Plan must specify current practices for keeping and ensuring confidentiality of information and documents.
187E(2) Applying for approval of data retention implementation plans
Plan must cease to be in force under section 187H by the specified day.
187E(3) Applying for approval of data retention implementation plans
must not be later than the day on which the plan would, if approved, cease to be in force under section 187H
(3) The day specified under paragraph (2)(c)
telecommunications-interception-and-access-act-1979.pdf, p.26
187F Approval of data retention implementation plans
Must approve data retention implementation plan
187F(1) Approval of data retention implementation plans
Must consider certain factors when making a decision under subsection (1)
187F(2) Approval of data retention implementation plans
(2) Before making a decision under subsection (1), the Coordinator...
Co-operation with agencies within 60 days
187F(3) Approval of data retention implementation plans
Decision made by Communications Access Coordinator has effect on service provider's application.
187F(4) Approval of data retention implementation plans
Communications Access Coordinator makes decision on application.
Decision made by Communications Access Coordinator has effect during service provider's application.
telecommunications-interception-and-access-act-1979.pdf, p.27
187G Consultation with agencies and the ACMA
Notify enforcement agencies and security authorities of data retention plan
187G(1) Consultation with agencies and the ACMA
Must request amendment within 30 days after receiving comment or summary.
187G(2) Consultation with agencies and the ACMA
Obligation to request amendment within 30 days
telecommunications-interception-and-access-act-1979.pdf, p.29
187H When data retention implementation plans are in force
Data retention implementation plan commencement and cessation
187H(1) When data retention implementation plans are in force
187H(2) When data retention implementation plans are in force
Service provider's data retention implementation plan may be amended under certain conditions.
187J Amending data retention implementation plans
telecommunications-interception-and-access-act-1979.pdf, p.31
187K Communications Access Coordinator may grant exemptions
Grant exemptions from obligations imposed on service providers
187K(1) Communications Access Coordinator may grant exemptions
187K(2) Communications Access Coordinator may grant exemptions
Granting of exemptions by Communications Access Coordinator
187K(3) Communications Access Coordinator may grant exemptions
Decision to grant exemption or variation is not a legislative instrument.
187K(4) Communications Access Coordinator may grant exemptions
Prohibits decision from being a legislative instrument.
Granting exemptions for particular decisions under subsection (1)
187K(5) Communications Access Coordinator may grant exemptions
telecommunications-interception-and-access-act-1979.pdf, p.33
187KA Review of exemption or variation decisions
Service provider may apply for review of exemption or variation decisions.
187KA(1) Review of exemption or variation decisions
Confirm or substitute a decision made under subsection 187K(1)
187KA(2) Review of exemption or variation decisions
Obligation to confirm or substitute a decision
Must provide a copy of the application to specified agencies and authorities.
187KA(3) Review of exemption or variation decisions
Consider interests of law enforcement and national security, objects of the Telecommunications Act 1997, and service provider's compliance history when making decisions.
187KA(4) Review of exemption or variation decisions
telecommunications-interception-and-access-act-1979.pdf, p.35
187KB Commonwealth may make a grant of financial assistance to
The Commonwealth may make a grant of financial assistance to a service provider.
187KB(1) Commonwealth may make a grant of financial assistance to
Commonwealth may make a grant of financial assistance to service providers.
187KB(2) Commonwealth may make a grant of financial assistance to
The Commonwealth may enter into an agreement on behalf of the Minister.
187KB(3) Commonwealth may make a grant of financial assistance to
Permission to act on behalf of the Commonwealth
187L Confidentiality of applications
Must treat application as confidential and ensure it is not disclosed without written permission.
187L(1) Confidentiality of applications
Must not disclose application without written permission.
Maintain confidentiality of service provider's application
187L(1A) Confidentiality of applications
Must treat the application as confidential
telecommunications-interception-and-access-act-1979.pdf, p.36
187LA Application of the Privacy Act 1988
The Privacy Act 1988 applies to service providers in relation to retained data.
187LA(1) Application of the Privacy Act 1988
Information is personal if it relates to an individual or a communication involving the individual.
187LA(2) Application of the Privacy Act 1988
It is personal information about an individual if it relates to the individual or a communication involving the individual.
The information is kept under this Part for all purposes of:
The information is kept under this Part or is in a document kept under this Part.
Pecuniary penalties and infringement notices for contraventions of civil penalty provisions.
187M Pecuniary penalties and infringement notices
Prohibits pecuniary penalties and infringement notices.
187N Review of operation of this Part
187N(1) Review of operation of this Part
Review of operation of this Part must start and conclude within specific timeframes.
187N(1A) Review of operation of this Part
Committee must give Minister a written report of review.
187N(2) Review of operation of this Part
The Committee must give the Minister a written report of the review.
Agency must keep documents and information for a specified period.
187N(3) Review of operation of this Part
Agency has an obligation to keep documents and information.
Must keep authorisations and information related to a report.
187N(4) Review of operation of this Part
Obligation to keep authorisations and information.
No limitation on other obligation to keep information under this Act or another law.
187N(5) Review of operation of this Part
Subsections (3) and (4) overlap with other obligations
Subsections (3) and (4) imply no limitation on other obligation
Subsections (3) and (4) imply no limitation on AI decision-making
No limitation on obligation to keep information
Subsections (3) and (4) imply no limitation on diffusion of information
written report on operation of Part during year ending on that 30 June
telecommunications-interception-and-access-act-1979.pdf, p.37
Annual report must be prepared by the Minister after each 30 June.
187P Annual reports
telecommunications-interception-and-access-act-1979.pdf, p.39
Carrier must nominate a location for transmission of intercepted information.
188 Delivery points
telecommunications-interception-and-access-act-1979.pdf, p.42
189 Minister may make determinations
Minister has the obligation to make determinations in relation to interception capabilities.
189(1) Minister may make determinations
a copy of the international standard or of the relevant part of the international standard
Minister must specify international standard and provide for interception capability
189(2) Minister may make determinations
Minister must specify an international standard or guidelines
Minister may make determinations about international standards for interception agencies.
189(3) Minister may make determinations
Minister must consider certain factors before making a determination.
189(4) Minister may make determinations
Minister's consideration must be before making a determination
(4) Before making a determination under subsection (1), the Minister must take into account:
Obligation to consider national security interests
(a) the interests of law enforcement and national security; and
Minister may consider relevant matters when making determinations.
189(5) Minister may make determinations
Extra-territorial application obligation
19 Extra-territorial application
Conditional commencement on July 1, 1989
19 June
telecommunications-interception-and-access-act-1979.pdf, p.322
Schedule 1–3: 25 Aug Remainder: Royal Assent
19 Feb
Conditional commencement of Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010
Requires temporal intervals for conditional commencement
Conditional commencement of Statute Law Revision Act 2010
Defines temporal intervals for commencement of Act
Commencement of the Act is on 20 February 2010
This Schedule extends to acts, omissions, matters and things outside Australia.
Schedule applies to acts, omissions, matters and things outside Australia.
telecommunications-interception-and-access-act-1979.pdf, p.43
190 Obligations of persons covered by a determination
Carrier must comply with a determination under section 189.
190(1) Obligations of persons covered by a determination
Obligation to comply with a determination.
Carrier must ensure interception capability is developed, installed and maintained.
190(2) Obligations of persons covered by a determination
Each carrier must ensure a telecommunications service has the capability to
191 Obligations of persons not covered by a determination in
telecommunications-interception-and-access-act-1979.pdf, p.45
192 Communications Access Coordinator may grant exemptions
Granting exemptions from obligations under Division 1 for specified telecommunications services.
192(1) Communications Access Coordinator may grant exemptions
192(2) Communications Access Coordinator may grant exemptions
192(3) Communications Access Coordinator may grant exemptions
Exemptions granted by Communications Access Coordinator are not legislative instruments.
192(4) Communications Access Coordinator may grant exemptions
Granting exemption from obligations under Division 1 for a specified kind of telecommunications service.
192(5) Communications Access Coordinator may grant exemptions
Exemptions granted by Communications Access Coordinator have limited duration.
192(6) Communications Access Coordinator may grant exemptions
telecommunications-interception-and-access-act-1979.pdf, p.46
193 ACMA may grant exemptions for trial services
193(1) ACMA may grant exemptions for trial services
ACMA must consult interception agencies before granting an exemption.
193(2) ACMA may grant exemptions for trial services
193(3) ACMA may grant exemptions for trial services
Obligation to provide written exemption.
193(4) ACMA may grant exemptions for trial services
193(5) ACMA may grant exemptions for trial services
telecommunications-interception-and-access-act-1979.pdf, p.47
195 Nature of an interception capability plan
Carrier or nominated carriage service provider must comply with IC plan
195(1) Nature of an interception capability plan
IC plan must be included in the instrument
(1) An interception capability plan (IC plan) of a carrier or nominated carriage service provider is a written instrument that complies with subsections (2) and (3). Matters to be included in the instrument
Carrier or nominated carriage service provider must comply with IC plan implies written instrument
IC plan must be part of the carrier or nominated carriage service provider's written instrument
Carrier or provider must set out policies and strategies for interception capabilities.
195(2) Nature of an interception capability plan
Carrier or provider must comply with legal obligation.
Classification of interception capabilities plan.
Instrument must be approved by chief executive officer or authorized person.
195(3) Nature of an interception capability plan
telecommunications-interception-and-access-act-1979.pdf, p.48
196 Time for giving IC plans by carriers
Carrier must provide IC plan to Communications Access Coordinator by a specified date.
196(1) Time for giving IC plans by carriers
Carrier has an obligation to provide IC plan.
Carrier must inform ACMA of agreements under paragraph (1)(b)
196(2) Time for giving IC plans by carriers
Carrier must provide IC plan within 90 days after start day.
196(3) Time for giving IC plans by carriers
197 Time for giving IC plans by nominated carriage service
197(1) Time for giving IC plans by nominated carriage service
Inform ACMA of agreements under paragraph (1)(b)
197(2) Time for giving IC plans by nominated carriage service
Carriage service provider must give IC plan to Communications Access Coordinator within 90 days after start day.
197(3) Time for giving IC plans by nominated carriage service
Minister may declare a carriage service provider as nominated
197(4) Time for giving IC plans by nominated carriage service
A declaration made under subsection (4) is not a legislative instrument.
197(5) Time for giving IC plans by nominated carriage service
Declaration is a legislative instrument.
telecommunications-interception-and-access-act-1979.pdf, p.49
198 Consideration of IC plans
telecommunications-interception-and-access-act-1979.pdf, p.52
IC plan comes into force on approval and continues until another approved plan is notified.
199 Commencement of IC plans
telecommunications-interception-and-access-act-1979.pdf, p.69
Defines terms for access and account in Schedule 1
2 Definitions
2 Dec 1988
telecommunications-interception-and-access-act-1979.pdf, p.324
Royal Assent for Legislation Amendment (Identity Crimes and Other Measures) Act, 2011
2 Mar 2011
2 Oct 2014
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021
2 Sept 2021
Relies on Commonwealth's legislative powers under paragraph 51(v) (communications) of the Constitution.
20 Constitutional basis of this Schedule
20 Mar
Mandatory commencement and amendment of certain schedules
20 May
Conditional commencement of Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019
20 Sept
Relies on Commonwealth's legislative powers
Paragraph 51(v) (communications) of the Constitution
Ensure business activities are consistent with IC plan
200 Compliance with IC plans
201 Consequences of changed business plans
Prepare and provide a new IC plan within a certain timeframe.
201(1) Consequences of changed business plans
Obligation to prepare and provide a new IC plan.
Material adverse effect on compliance with obligations under Part 5-3
201(2) Consequences of changed business plans
Obligation to comply with obligations under Part 5-3
(2) Subsection (1) applies only if the change in business plans has, or is likely to have, a material adverse effect on the ability of the carrier or provider to comply with its obligations under Part 5-3.
telecommunications-interception-and-access-act-1979.pdf, p.53
Must treat IC plan as confidential and ensure it is not disclosed without written permission.
202 Confidential treatment of IC plans
Obligation to treat IC plan as confidential
telecommunications-interception-and-access-act-1979.pdf, p.54
Require carriers and providers to give notice of proposed changes in telecommunications services.
202A Purpose of Part
202B Carrier or provider to notify of proposed change
Carrier or provider must notify of proposed change
202B(1) Carrier or provider to notify of proposed change
Carrier or provider must notify of proposed change to telecommunications service or system.
202B(2) Carrier or provider to notify of proposed change
Notification is a subclass of required actions
202B(3) Carrier or provider to notify of proposed change
202B(4) Carrier or provider to notify of proposed change
Notification in writing by Communications Access Coordinator
Carrier or provider must notify of proposed change within 30 days.
202B(5) Carrier or provider to notify of proposed change
202B(6) Carrier or provider to notify of proposed change
telecommunications-interception-and-access-act-1979.pdf, p.56
202C Communications Access Coordinator may notify agencies
Notify agencies of proposed change after notification by carrier or nominated carriage service provider
202C(1) Communications Access Coordinator may notify agencies
Treat proposed change as confidential upon receiving notification.
202C(2) Communications Access Coordinator may notify agencies
Obligation to treat proposed change as confidential.
telecommunications-interception-and-access-act-1979.pdf, p.57
203 Communications Access Coordinator may make determinations
Determination may be made in relation to delivery capabilities
203(1) Communications Access Coordinator may make determinations
Temporal involvement in relation to delivery capabilities
(a) a specified kind of telecommunications service that involves, or will involve, the use of a telecommunications system and that is supplied by one or more specified carriers;
Determination requirements for Communications Access Coordinator
203(2) Communications Access Coordinator may make determinations
(b) the place to which, and manner in which, that information is to be delivered
Relates to format, place, and manner of delivery
(a) the format in which lawfully intercepted information is to be delivered from the delivery point...
Must consult ACMA before making a determination
203(3) Communications Access Coordinator may make determinations
Determination made under subsection (1) is not a legislative instrument.
203(4) Communications Access Coordinator may make determinations
telecommunications-interception-and-access-act-1979.pdf, p.58
204 Obligations of persons covered by a determination
Carrier must comply with a determination under section 203.
204(1) Obligations of persons covered by a determination
(1) If a determination under section 203 applies:
Definition of carrier includes carriage service providers.
Note: The definition of carrier in subsection 5(1) includes carriage service providers.
Carrier must ensure delivery capability is developed, installed and maintained.
204(2) Obligations of persons covered by a determination
Class hierarchy: Agent -> State -> LegalPerson
205 Obligations of persons not covered by a determination in
Carrier must ensure delivery capability for certain telecommunications services.
205(1) Obligations of persons not covered by a determination in
Obligation to ensure delivery capability
Delivery capability is a required characteristic of the service or system
Ensure capability development, installation, and maintenance.
205(2) Obligations of persons not covered by a determination in
telecommunications-interception-and-access-act-1979.pdf, p.59
206 Outline of Part
telecommunications-interception-and-access-act-1979.pdf, p.60
Carrier bears capital and ongoing costs of developing, installing and maintaining a capability.
207 Costs to be borne by the carriers
Carrier has an obligation to bear costs.
telecommunications-interception-and-access-act-1979.pdf, p.61
Interception agencies bear capital and ongoing costs of developing a delivery capability.
208 Costs to be borne by the interception agencies
Interception agencies have an obligation to bear costs.
Carrier includes carriage service providers.
Definition of carrier in subsection 5(1)
209 Working out costs of delivery capabilities
Carrier must develop, install and maintain delivery capability on agreed terms or as determined by ACMA.
209(1) Working out costs of delivery capabilities
Carrier must incur costs of development, installation and maintenance of delivery capability.
209(2) Working out costs of delivery capabilities
telecommunications-interception-and-access-act-1979.pdf, p.99
International production orders may be issued for serious offence investigation
21 Simplified outline of this Part
21 Jan 1991
Amendment of section 21 by Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act 2004
21 Dec 2001 (see
21 May
telecommunications-interception-and-access-act-1979.pdf, p.333
21 Jan
Conditional commencement of the provision
Issuing international production orders is obligatory
telecommunications-interception-and-access-act-1979.pdf, p.63
210 Examination of lower cost options
ACMA may require carrier to examine lower cost options and report results.
210(1) Examination of lower cost options
ACMA has an obligation to require carriers to examine lower cost options.
Carrier must carry out examination and report results to ACMA.
210(2) Examination of lower cost options
Notice given under subsection (1) is not a legislative instrument.
210(3) Examination of lower cost options
211 ACMA may require independent audit of costs
ACMA may require independent audit of costs
211(1) ACMA may require independent audit of costs
211(2) ACMA may require independent audit of costs
ACMA may require independent audit of costs if auditor not approved
211(3) ACMA may require independent audit of costs
ACMA may specify the period for an auditor to report.
211(4) ACMA may require independent audit of costs
Permission to specify a reporting period.
telecommunications-interception-and-access-act-1979.pdf, p.101
22 Application for international production order—enforcement of
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018
22 May
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024
Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026
Royal Assent required for certain sections of the Act.
22 Dec
Conditional commencement of Sch 3 (items 2, 3) on July 2, 2000.
22 June
22 July
References Schedule 6 (items 28,29) and Schedule 7
22 Mar
Conditional commencement of Statute Update (Winter 2017) Act 2017
Temporal interval required for conditional commencement
Requires ordered or recurring trace for conditional commencement
Ordered or recurring trace required for conditional commencement
Investigation and Prosecution Measures Act 2018
Application for international production order enforcement
22(1) Application for international production order—enforcement of
Eligible Judge or nominated ART member may apply for order
22(1A) Application for international production order—enforcement of
22(2) Application for international production order—enforcement of
Application must be made by authorized personnel
22(3) Application for international production order—enforcement of
telecommunications-interception-and-access-act-1979.pdf, p.103
23 Form of application
International War Crimes Tribunals (Consequential Amendments) Act 1995
23 Feb
Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
23 May 2009
Counter-Terrorism Legislation Amendment Act (No. 1) 2016
23 Mar
23 Aug
Conditional commencement of the Telecommunications Legislation Amendment (International Production Orders) Act 2021 on 23 January 2022.
23 July
The Act does not commence until the condition is satisfied.
The commencement of the Act is conditional on a specific event occurring.
The Act will commence on 23 January 2022 if the specified condition is met.
23(1) Form of application
Application must be submitted during a specific time period.
(1) Subject to subclause (2), an application under clause 22 for an international production order must be in writing.
Application by telephone permitted under urgent circumstances.
23(2) Form of application
Authorises persons to make applications on behalf of an agency.
23(3) Form of application
(3) The chief officer of an interception agency may authorise in writing...
name of agency, name of person making application on agency's behalf
Application requirements for international production orders
24 Contents of application
Mandatory commencement of Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001
24 Nov
Repeals Corporations (Repeals, Consequentials and Transitionals) Act 2001 s 4(1) and (2)
24 July 2009
Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Act 2024
24 Oct
telecommunications-interception-and-access-act-1979.pdf, p.104
25 Affidavits to accompany written application
25 Oct
Prohibition on certain telecommunications activities
A written application must be accompanied by an affidavit.
25(1) Affidavits to accompany written application
25(2) Affidavits to accompany written application
Must provide information about previous applications and orders for international production.
25(3) Affidavits to accompany written application
Affidavit must provide information about agency's records
25(4) Affidavits to accompany written application
Written application may be accompanied by 2 or more affidavits
25(5) Affidavits to accompany written application
telecommunications-interception-and-access-act-1979.pdf, p.105
Information must be provided to an eligible Judge or nominated ART member.
26 Information to be given on telephone application
26 May
26 June
26 Nov
27 Giving further information to eligible Judge or nominated ART
27 June
Defines temporal intervals for commencement
Schedules 1–7: 26 Sept 2002 (see s. 2(1) and Gazette 2002, No. GN38)
27 Apr
27 May 2008
Conditional commencement of Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012
Eligible Judge or nominated ART member may require further information.
27(1) Giving further information to eligible Judge or nominated ART
Eligible Judge or nominated ART member must receive further information on oath or otherwise as directed.
27(2) Giving further information to eligible Judge or nominated ART
telecommunications-interception-and-access-act-1979.pdf, p.106
28 Application by interception agency of Victoria
Conditional commencement of National Crime Authority Legislation Amendment Act 2001
28 June
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act 2004
28 Apr 2004
28 Sept
Permits interception agency of Victoria to apply for international production order under clause 30.
28(1) Application by interception agency of Victoria
Allows interception agency to apply for international production order.
Submit matters to ART member or Judge about specific transmission services
28(2) Application by interception agency of Victoria
ART member/Judge must consider submissions within this time frame
PIM may make submissions orally or in writing
ART member/Judge must consider these matters
Submission implies consideration by ART member/Judge
ART member/Judge must consider submissions
The Victorian PIM may question the person making the application or a required person in the presence of the eligible Judge or nominated ART member.
28(3) Application by interception agency of Victoria
Obligation to question in the presence of the eligible Judge or nominated ART member
telecommunications-interception-and-access-act-1979.pdf, p.107
29 Application by interception agency of Queensland
29 Nov
29 Mar
29 Mar 1985
Royal Assent for Telecommunications (Interception) Amendment Act 1995
29 June 2013 (s 2(1)
29 June
National Security Legislation Amendment Act (No. 1) 2014
Amendment of Sch 9 by Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016
29(1) Application by interception agency of Queensland
29(2) Application by interception agency of Queensland
The Queensland PIM may question certain individuals in the presence of an eligible Judge or nominated ART member.
29(3) Application by interception agency of Queensland
telecommunications-interception-and-access-act-1979.pdf, p.65
298 Protection of persons—control order declared to be void
No criminal proceeding lies against a person in respect of anything done or omitted to be done in good faith by the person.
298(1) Protection of persons—control order declared to be void
...a criminal proceeding does not lie...
No criminal proceeding lies against a person in respect of anything done or omitted to be done in good faith.
Knew or reasonably ought to have known of the declaration at a particular time
298(2) Protection of persons—control order declared to be void
The person knew or reasonably ought to have known of the declaration at a particular time
Person knew or reasonably ought to have known of the declaration at a particular time
Person ought reasonably to have known of the declaration at a particular time
Declarative of voiding interim control order
299 Dealing with information obtained under a warrant—control
telecommunications-interception-and-access-act-1979.pdf, p.66
299A Schedule 1
telecommunications-interception-and-access-act-1979.pdf, p.80
3 Designated international agreement
3 May 1997
Conditional commencement of the Telecommunications (Interception) Amendment (Stored Communications) Act
3 May 2006
References Schedule 1, items 1–9, 25–145, and Schedules 2 and 3.
3 Oct 2008
Telecommunications (Interception and Access) Amendment (Data Retention) Act 39, 2015
3 Nov 2014
3 Oct 2018
Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021
3 Sept 2021
Designated international agreement defined when conditions are met.
3(1) Designated international agreement
The agreement is a designated international agreement
Agreement has entered into force for Australia and the foreign country
Agreement with foreign country must be followed if certain conditions are met.
3(1A) Designated international agreement
No copy of English text of agreement must be set out in regulations unless written assurance is received from foreign country's government.
3(2) Designated international agreement
...in connection with any proceeding by way of a prosecution for a death penalty offence...
Defines temporal interval for obtaining information.
For the purposes of this subclause, information is obtained by virtue of the agreement if it is obtained in accordance with such an order.
...unless the Minister has received a written assurance...
Recognizes the importance of written assurance from foreign country's government.
Note 2: For death penalty offence, see subclause (7A).
...a copy of the English text of the agreement must not be set out in regulations...
Prohibits setting out English text of agreement in regulations.
(2) If there is an agreement between Australia and a foreign country...
Diffuses information about Australian-sourced information.
For Australian-sourced information, see subclause (8).
...the issue of orders (however described) by a competent authority...
Conditional commencement based on agreement entering into force for Australia.
3(3) Designated international agreement
telecommunications-interception-and-access-act-1979.pdf, p.108
30 Issue of international production order—enforcement of the
Transition provisions and consequential amendments for the Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989
30 June 1989 (see
30 June
Counter-Terrorism Legislation Amendment (Foreign Fighters) Act
Conditional commencement of Tribunals Amalgamation Act 2015
30 Oct
Requires a relation between identifiable temporal intervals for commencement
30 Nov
Unexplained Wealth Legislation Amendment Act 2018
30 June 2018 (s 2(1)
Enforcement of international production order
30(1) Issue of international production order—enforcement of the
Eligible Judge or nominated ART member must be satisfied that there are reasonable grounds for suspecting the communications provider owns or operates a network used to supply individual transmission services.
30(2) Issue of international production order—enforcement of the
There are reasonable grounds for suspecting the communications provider owns or operates a network used to supply individual transmission services.
Temporal interval: Eligible Judge or nominated ART member must be satisfied between application submission and decision
Eligible Judge or nominated ART member must be satisfied
telecommunications-interception-and-access-act-1979.pdf, p.67
May make regulations not inconsistent with the Act
300 Regulations
telecommunications-interception-and-access-act-1979.pdf, p.115
31 Content of international production order
31 Aug
References Schedule 1 (items 17,18) and Schedule 3
31 May
This clause applies to an international production order issued under clause 30 in response to an application made by an interception agency.
31(1) Content of international production order
Clause applies to international production order
The order must be signed by the eligible Judge or nominated ART member.
31(2) Content of international production order
Must set out specific information in international production orders
31(3) Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.117
Issue of further international production order
32 Issue of further international production order
telecommunications-interception-and-access-act-1979.pdf, p.119
33 Application for international production order—enforcement of
33(1) Application for international production order—enforcement of
33(2) Application for international production order—enforcement of
Application must be made by a person or officer of the agency
33(3) Application for international production order—enforcement of
Chief officer may nominate an office or position for agency management.
33(4) Application for international production order—enforcement of
Chief officer has the power to nominate.
Nomination under subclause (4) is not a legislative instrument.
33(5) Application for international production order—enforcement of
telecommunications-interception-and-access-act-1979.pdf, p.120
34 Form of application
34(1) Form of application
34(2) Form of application
Temporal overlap between chief officer and person with authorisation.
(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 subclause (3); and (b) thinks it necessary, because of urgent circumstances, to make the application by telephone.
Recognition of person's authority based on chief officer's authorisation.
Permission to make application by telephone.
Diffusion of authorisation from chief officer to person.
Repeating pattern of chief officer's authorisation.
Authorises persons for the purposes of subclause (2)
34(3) Form of application
Application must provide agency name and applicant name.
35 Contents of written application
36 Affidavits to accompany written application
36(1) Affidavits to accompany written application
36(2) Affidavits to accompany written application
A written application may be accompanied by 2 or more affidavits.
36(3) Affidavits to accompany written application
telecommunications-interception-and-access-act-1979.pdf, p.121
37 Information to be given on telephone application
38 Giving further information to issuing authority
Issuing authority may require further information.
38(1) Giving further information to issuing authority
Provide further information on oath or as directed by the issuing authority.
38(2) Giving further information to issuing authority
39 Issue of international production order—enforcement of the
telecommunications-interception-and-access-act-1979.pdf, p.84
3A Disallowance of regulations relating to designated international
Disallowance of regulations relating to designated international
3A(1) Disallowance of regulations relating to designated international
3A(2) Disallowance of regulations relating to designated international
3A(3) Disallowance of regulations relating to designated international
...the regulations take effect on the day immediately after...
Temporal relation between regulation disallowance and commencement
(3) If neither House passes such a resolution...
Knowledge graph representation of regulation disallowance and commencement
Regulations disallowed if not passed by both Houses
Spread of regulation disallowance and commencement
Recurring trace of regulation disallowance and commencement
3A(4) Disallowance of regulations relating to designated international
... the regulations is then taken to have been disallowed
Regulations are disallowed if notice of motion is given within 15 sitting days
3A(5) Disallowance of regulations relating to designated international
Identifies same disallowance periods for regulation and clause
Paragraph (2)(b) of this clause / Paragraph 42(1)(b) of the Legislation Act 2003
Identifies same notice periods for disallowance and regulation
telecommunications-interception-and-access-act-1979.pdf, p.85
Statutory requirements for international agreements regarding orders by a competent authority of a foreign country.
3B Statutory requirements certificate—designated international
Australia must comply with the agreement
Agreement between Australia and one or more foreign countries
telecommunications-interception-and-access-act-1979.pdf, p.87
Nothing in this Schedule is intended to modify or limit the application of Australia’s treaty-making process relating to a Schedule 1 International production orders
3C Australia’s treaty-making process
telecommunications-interception-and-access-act-1979.pdf, p.88
4 Message application service
Conditional commencement of Criminal Code Amendment (State Sponsors of Terrorism) Act 2025
4 Nov 2025
Requires temporal relation between commencement and Criminal Code Amendment (State Sponsors of Terrorism) Act 2025
4 Dec 2025
4 Dec 1979
4 Apr 1984
4 June 1985
References two sections of the Telecommunications (Interception and Access) Act 1979
4 Mar 1991
Regulation of interception and access in telecommunications
Imposes a duty on the state to regulate interception and access in telecommunications
Conditional commencement of Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 129, 2005
4 Nov 2005
Requires temporal intervals for commencement
4(1) Message application service
It is immaterial whether the service also enables end-users to send or receive messages to or from persons (other than end-users) using a transmission service.
4(2) Message application service
No provision of a message application service solely because of supplying a transmission service.
4(3) Message application service
Temporal overlap: Provision of message application service does not solely depend on supplying a transmission service.
(3) For the purposes of this Schedule, a person does not provide a message application service merely because the person supplies a transmission service that enables messages to be sent or received.
CogAI: Provision of message application service is not solely dependent on supplying a transmission service.
Obligation to not provide a message application service solely because of supplying a transmission service.
Diffusion: Provision of message application service is not solely dependent on supplying a transmission service.
Temporal until: Provision of message application service does not solely depend on supplying a transmission service until a certain point.
No provision of a message application service solely because of other services.
4(4) Message application service
telecommunications-interception-and-access-act-1979.pdf, p.126
40 Content of international production order
This clause applies to an international production order issued under clause 39 in response to an application made by a criminal law-enforcement agency.
40(1) Content of international production order
The order must be signed by the issuing authority.
40(2) Content of international production order
40(3) Content of international production order
Prescribed communications provider must make copy of stored communications available to agency in specified way.
40(4) Content of international production order
Prohibits making copy of stored communications available to agency without specified way.
Requirement for storing communications with criminal law-enforcement agency
40(5) Content of international production order
Provider must disclose data in a specified way if ordered to do so by the criminal law-enforcement agency.
40(6) Content of international production order
Telecommunications data must be disclosed to criminal law-enforcement agency directly or indirectly.
40(7) Content of international production order
Permits a specified way to deal with matters of timing.
40(8) Content of international production order
Describes the temporal relationship between the clause and the specified way.
(8) For the purposes of this clause, a specified way may deal with matters of timing.
Describes the capability of the clause to handle matters of timing.
Specifies the permissive nature of the clause.
Defines the structure and constraints of the clause.
telecommunications-interception-and-access-act-1979.pdf, p.127
Issue of further international production order is permitted under certain conditions.
41 Issue of further international production order
issue of further international production order overlaps with the original order
Conditions overlap with the original order.
the original order was in respect of a particular person and the original order was directed to a prescribed communications provider
issue of further international production order is recognized under these conditions
issue of further international production order is permitted
Permission granted under specific conditions.
the original order was in respect of a particular person
issue of further international production order diffuses through the system under these conditions
issue of further international production order is permitted until the original order expires
Conditions are until the original order expires.
telecommunications-interception-and-access-act-1979.pdf, p.128
42 Application for international production order—enforcement of
Enforcement agency may apply for international production order
42(1) Application for international production order—enforcement of
42(2) Application for international production order—enforcement of
Authorized officer must make application on behalf of agency.
42(3) Application for international production order—enforcement of
43 Form of application
43(1) Form of application
43(2) Form of application
Defines temporal interval for urgent circumstances
(b) thinks it necessary, because of urgent circumstances, to make the application by telephone.
(2) However, a person making the application on the enforcement agency’s behalf may make the application by telephone...
Authorise persons for enforcement purposes
43(3) Form of application
...authorise persons (including classes of persons)...
(3) The chief officer of an enforcement agency may, in writing...
Establish recurring trace for authorization
telecommunications-interception-and-access-act-1979.pdf, p.129
44 Contents of written application
45 Affidavits to accompany written application
45(1) Affidavits to accompany written application
45(2) Affidavits to accompany written application
Allow written application with multiple affidavits
45(3) Affidavits to accompany written application
46 Information to be given on telephone application
telecommunications-interception-and-access-act-1979.pdf, p.130
47 Giving further information to issuing authority
47(1) Giving further information to issuing authority
Must provide further information on oath or as directed by the issuing authority.
47(2) Giving further information to issuing authority
Knows the issuing authority's direction.
48 Issue of international production order—enforcement of the
Enforcement agency must apply under clause 42 to issuing authority for international production order.
48(1) Issue of international production order—enforcement of the
Issuing authority for international production order.
Enforcement agency must apply under clause 42.
Issue of international production order—enforcement of the criminal law
48(2) Issue of international production order—enforcement of the
There are reasonable grounds for suspecting that the prescribed communications provider holds, or is likely to commence to hold, any of the following telecommunications data
The issuing authority must be satisfied on the basis of information given under this Division in connection with the application
If the issuing authority is satisfied, on the basis of the information given to the issuing authority under this Division...
State must reasonably suspect that the prescribed communications provider is based in, or operates in, a foreign country
The issuing authority is satisfied on the basis of the information given to the issuing authority under this Division...
The issuing authority must reasonably suspect that the prescribed communications provider is based in, or operates in, a foreign country
the person who made the application on behalf of the agency reasonably suspects that the prescribed communications provider is based in, or operates in, a foreign country that is a Schedule 1
telecommunications-interception-and-access-act-1979.pdf, p.133
49 Content of international production order
Clause applies to an international production order
5 Voice call application service
List of sections to be included in the Act
5 June 1987
Schedule 1 (items 23, 29, 33, 37, 39): 22 June Remainder: Royal Assent Sch 2 (item 46) Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 86, 2002
5 July 2002
5(1) Voice call application service
It is immaterial whether the service also enables end-users to make or receive voice calls to or from persons (other than end-users) using a transmission service.
5(2) Voice call application service
No provision of a voice call application service just because supplying a transmission service.
5(3) Voice call application service
Transmission service and voice call application service do not overlap in time
(3) For the purposes of this Schedule, a person does not provide a voice call application service merely because the person supplies a transmission service that enables voice calls to be made or received.
Transmission service and voice call application service are not CogAI together
Obligation to not provide voice call application service
Transmission service and voice call application service are not diffused together
Transmission service and voice call application service are not in trace together
No provision of a voice call application service solely by providing billing or fee collection services.
5(4) Voice call application service
Prohibits provision of a voice call application service solely by providing billing or fee collection services.
telecommunications-interception-and-access-act-1979.pdf, p.135
Issue of further international production order under certain conditions.
50 Issue of further international production order
Permission to issue further international production order
telecommunications-interception-and-access-act-1979.pdf, p.136
International production orders relating to Part 5.3 supervisory orders
51 Simplified outline of this Part
telecommunications-interception-and-access-act-1979.pdf, p.138
52 Application for international production order—Part 5.3
Agency may apply for international production order under certain conditions.
52(1) Application for international production order—Part 5.3
Permission to apply for international production order
52(1A) Application for international production order—Part 5.3
52(2) Application for international production order—Part 5.3
52(3) Application for international production order—Part 5.3
Nominate an office for international production order purposes
52(4) Application for international production order—Part 5.3
telecommunications-interception-and-access-act-1979.pdf, p.139
53 Form of application
53(1) Form of application
(1) Subject to subclause (2), an application under clause 52 for an international production order must be in writing.
53(2) Form of application
Authorise persons to make applications on behalf of the agency.
53(3) Form of application
54 Contents of application
Written application must be accompanied by an affidavit
55 Affidavits to accompany written application
telecommunications-interception-and-access-act-1979.pdf, p.141
56 Information to be given on telephone application
57 Giving further information to eligible Judge or nominated ART
57(1) Giving further information to eligible Judge or nominated ART
Eligible Judge or nominated ART member must receive further information on oath or otherwise.
57(2) Giving further information to eligible Judge or nominated ART
Scope of application for Part 5.3 IPO agency of Victoria
58 Application by Part 5.3 IPO agency of Victoria
telecommunications-interception-and-access-act-1979.pdf, p.142
Scope of application for Part 5.3 IPO agency of Queensland
59 Application by Part 5.3 IPO agency of Queensland
telecommunications-interception-and-access-act-1979.pdf, p.89
6 Video call application service
Reference to section 4(1), (2) and Schedule 47
6 Apr 2001
6 July 2005
Conditional commencement of Intelligence Services Legislation Amendment Act 2005
6 Nov 2025
6(1) Video call application service
It is immaterial whether the service also enables end-users to make or receive video calls to or from persons (other than end-users) using a transmission service.
6(2) Video call application service
No provision of a video call application service just because supplying a transmission service.
6(3) Video call application service
Transmission service and video call application service do not overlap in time
(3) For the purposes of this Schedule, a person does not provide a video call application service merely because the person supplies a transmission service that enables video calls to be made or received.
Video call application service is not CogAI of transmission service
No obligation to provide video call application service
Video call application service is not diffused from transmission service
Video call application service is not in trace of transmission service
No provision of a video call application service solely through billing or fee collection services.
6(4) Video call application service
Prohibits provision of a video call application service solely through billing or fee collection services.
telecommunications-interception-and-access-act-1979.pdf, p.144
60 Issue of international production order—Part 5.3 supervisory
Issue of international production order for eligible Judge or nominated ART member
60(1) Issue of international production order—Part 5.3 supervisory
Eligible Judge or nominated ART member must be satisfied that reasonable grounds exist for suspecting the prescribed communications provider owns or operates a telecommunications network used to supply individual transmission services.
60(2) Issue of international production order—Part 5.3 supervisory
telecommunications-interception-and-access-act-1979.pdf, p.153
61 Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.156
62 Issue of further international production order
62(1) Issue of further international production order
62(2) Issue of further international production order
telecommunications-interception-and-access-act-1979.pdf, p.157
63 Application for international production order—Part 5.3
Agency may apply for international production order
63(1) Application for international production order—Part 5.3
63(2) Application for international production order—Part 5.3
63(3) Application for international production order—Part 5.3
The application must be made on the Part 5.3 IPO agency’s behalf
63(4) Application for international production order—Part 5.3
63(5) Application for international production order—Part 5.3
telecommunications-interception-and-access-act-1979.pdf, p.158
64 Form of application
64(1) Form of application
64(2) Form of application
Authorise persons for purposes of subclause (2)
64(3) Form of application
65 Contents of written application
66 Affidavits to accompany written application
Affidavit required for written application under clause 63.
66(1) Affidavits to accompany written application
66(2) Affidavits to accompany written application
66(3) Affidavits to accompany written application
telecommunications-interception-and-access-act-1979.pdf, p.159
67 Information to be given on telephone application
68 Giving further information to issuing authority
68(1) Giving further information to issuing authority
68(2) Giving further information to issuing authority
Scope of Part 5.3 IPO agency's application to an international production order
69 Issue of international production order—Part 5.3 supervisory
7 Storage/back-up service
7 Mar 2000
7 Mar 2013
7 Dec 2016
7 Dec 2023
7(1) Storage/back-up service
storage/back-up service means a service that enables end-users to store or back-up material
Applies to explicit class/type/subclass hierarchies
No storage/back-up service provided merely because supplying Schedule 1 International production orders.
7(2) Storage/back-up service
Obligation to provide storage/back-up service
telecommunications-interception-and-access-act-1979.pdf, p.164
70 Content of international production order
This clause applies to an international production order issued under clause 69 in response to an application made by a Part 5.3 IPO agency.
70(1) Content of international production order
70(2) Content of international production order
International production order must contain specific information.
70(3) Content of international production order
Communications provider must make copy available to agency in specified way
70(4) Content of international production order
Prohibits communications provider from withholding copy
Requirement to make stored communications available to the Part 5.3 IPO agency directly or indirectly.
70(5) Content of international production order
Provider must disclose data in a specified way if ordered to do so.
70(6) Content of international production order
Requirement to disclose telecommunications data
70(7) Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.165
Issue of further international production order under clause 69 that is in respect of the person.
71 Issue of further international production order
Further international production order overlaps with the temporal interval of the original order
Temporal overlap between original and further orders
Original order was issued under clause 69
Further international production order is recognized by the AI system as a permitted order
Recognition of further order by AI system
Original order was in respect of a particular person
Further international production order diffuses to other persons in the same class as the original order
Diffusion of further order to other persons
Original order was directed to a prescribed communications provider
Further international production order is until the temporal interval of the original order
Temporal relationship between further and original orders
telecommunications-interception-and-access-act-1979.pdf, p.167
72 Application for international production order—Part 5.3
72(1) Application for international production order—Part 5.3
72(2) Application for international production order—Part 5.3
72(3) Application for international production order—Part 5.3
Must provide authorized officer's signature.
73 Form of application
73(1) Form of application
73(2) Form of application
telecommunications-interception-and-access-act-1979.pdf, p.168
74 Contents of written application
75 Affidavits to accompany written application
Affidavit required for written application under clause 72.
75(1) Affidavits to accompany written application
75(2) Affidavits to accompany written application
75(3) Affidavits to accompany written application
Information must be provided to the issuing authority in connection with a telephone application.
76 Information to be given on telephone application
Must provide information to the issuing authority.
telecommunications-interception-and-access-act-1979.pdf, p.169
77 Giving further information to issuing authority
77(1) Giving further information to issuing authority
77(2) Giving further information to issuing authority
78 Issue of international production order—Part 5.3 supervisory
Agency must apply clause 72 to issuing authority for international production order.
78(1) Issue of international production order—Part 5.3 supervisory
Issue of international production order—Part 5.3 supervisory
78(2) Issue of international production order—Part 5.3 supervisory
State has obligation to issue international production order
telecommunications-interception-and-access-act-1979.pdf, p.173
79 Content of international production order
This clause applies to an international production order issued under clause 78 in response to an application made by a Part 5.3 IPO agency.
79(1) Content of international production order
79(2) Content of international production order
79(3) Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.90
8 General electronic content service
Amendment to Telecommunications (Interception) Act
8 Nov 2005
8 Dec 2018
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022
8 Dec 2021
Conditional commencement of National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024
Definition of general electronic content service
8(1) General electronic content service
No general electronic content service merely because of transmission service.
8(2) General electronic content service
No provision of a general electronic content service solely because of billing or fee collection services.
8(3) General electronic content service
telecommunications-interception-and-access-act-1979.pdf, p.174
Issue of further international production order under clause 78 that is in respect of the person and directed to the provider.
80 Issue of further international production order
The original order was issued before the further international production order.
telecommunications-interception-and-access-act-1979.pdf, p.175
81 Notification to Ombudsman or the Inspector-General of
Notify Ombudsman or Inspector-General of Intelligence and Security within 3 months after international production order is issued.
81(1) Notification to Ombudsman or the Inspector-General of
Notification to Ombudsman or the Inspector-General of
Notify Ombudsman or Inspector-General of contravention
81(2) Notification to Ombudsman or the Inspector-General of
Failure to comply does not affect validity of international production order
81(3) Notification to Ombudsman or the Inspector-General of
telecommunications-interception-and-access-act-1979.pdf, p.176
International production orders may be issued for purposes in connection with the carrying out by the Organisation of its functions.
82 Simplified outline of this Part
Timing of international production order issuance
An international production order comes into force when it is given to a prescribed communications provider under clause 112.
Permission to issue international production orders
telecommunications-interception-and-access-act-1979.pdf, p.177
83 Application for international production order—national
Application for international production order under clause 89
83(1) Application for international production order—national
83(2) Application for international production order—national
Application must be made by Director-General, Deputy Director-General, or senior position-holder with authorisation.
83(3) Application for international production order—national
Authorization for senior position-holders to make applications on behalf of the Organisation.
83(4) Application for international production order—national
(4) The Director-General of Security may authorise in writing, for the purposes of subclause (3).
Authorization is conditional on Director-General of Security's consent.
Director-General of Security may authorise in writing, for the purposes of subclause (3).
Knowledge representation for senior position-holders.
Senior position-holders are entitled to make applications.
Director-General of Security may authorize in writing.
Authorization for senior position-holders.
Recurring trace for senior position-holders.
Attorney-General's consent required for international production order application
83(5) Application for international production order—national
(5) The Organisation must not make an application under subclause (1) unless the Attorney-General has consented to the making of the application.
telecommunications-interception-and-access-act-1979.pdf, p.180
84 Form of application
84(1) Form of application
(1) Subject to subclause (2), an application under clause 83 for an international production order must be in writing.
Permit telephone application under urgent circumstances.
84(2) Form of application
Application must provide organization name and representative's name.
85 Contents of application
telecommunications-interception-and-access-act-1979.pdf, p.181
86 Affidavits to accompany written application
86(1) Affidavits to accompany written application
86(2) Affidavits to accompany written application
Must provide information about previous applications and orders
86(3) Affidavits to accompany written application
Information about previous applications and orders
(a) the number of previous applications (if any) for international production orders that the Organisation has made under clause 83 in relation to those individual transmission services;
Information about Organisation's records
(3) If the application is for an international production order in respect of one or more individual transmission services, the affidavit must...
Information about use of intercepted communications
(c) particulars of the use made by the Organisation of intercepted communications made available to the Organisation under such orders.
(a) the number of previous applications (if any) for international production orders that the Organisation has made under clause 83 in relation to those individual message/call application services;
Must provide specific information about previous applications and international production orders.
86(4) Affidavits to accompany written application
Temporal interval of previous applications and international production orders
(b) the number of international production orders (if any) previously issued in response to such applications;
Integration of information about previous applications and international production orders
(c) particulars of the use made by the Organisation of intercepted messages, voice calls or video calls made available to the Organisation under such orders.
Spread of information about previous applications and international production orders
Recurring trace of previous applications and international production orders
telecommunications-interception-and-access-act-1979.pdf, p.182
87 Information to be given on telephone application
88 Giving further information to nominated ART Intelligence and
88(1) Giving further information to nominated ART Intelligence and
(1) A nominated ART Intelligence and Security member may require further information to be given in connection with an application under clause 83
Must provide further information on oath or otherwise as directed by nominated ART Intelligence and Security member.
88(2) Giving further information to nominated ART Intelligence and
telecommunications-interception-and-access-act-1979.pdf, p.183
89 Issue of international production order—national security
Prohibition on issuing international production order for certain services
89(1) Issue of international production order—national security
...is directed to a prescribed communications provider.
Prohibits the Organisation from issuing an international production order for certain services
National security grounds for issuing an international production order
89(2) Issue of international production order—national security
Duty to issue an international production order
Material posted on a general electronic content service by an end-user or person causing material to be accessible.
9 When material is posted on a general electronic content service
9 Mar 1988
9 May 2018
9 Dec 2022
telecommunications-interception-and-access-act-1979.pdf, p.189
90 Content of international production order
This clause applies to an international production order issued under clause 89.
90(1) Content of international production order
The order must be signed by the nominated ART Intelligence and Security member.
90(2) Content of international production order
90(3) Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.191
91 Issue of further international production order
telecommunications-interception-and-access-act-1979.pdf, p.193
92 Application for international production order—national
Application for international production order under clause 98.
92(1) Application for international production order—national
...for an international production order under clause 98.
92(2) Application for international production order—national
Application must be made by authorized person
92(3) Application for international production order—national
Authorise senior position-holders to make applications on behalf of the Organisation.
92(4) Application for international production order—national
...Attorney-General’s consent to the making of an application
Temporal relation between applications and consent
Recurring trace between applications and consent
92(5) Application for international production order—national
Attorney-General must not consent to making an application under subclause (1) for an international production order.
92(6) Application for international production order—national
telecommunications-interception-and-access-act-1979.pdf, p.195
93 Form of application
93(1) Form of application
Permits telephone application under urgent circumstances.
93(2) Form of application
94 Contents of written application
telecommunications-interception-and-access-act-1979.pdf, p.196
95 Affidavits to accompany written application
Affidavit required for written application under clause 92.
95(1) Affidavits to accompany written application
95(2) Affidavits to accompany written application
95(3) Affidavits to accompany written application
96 Information to be given on telephone application
97 Giving further information to nominated ART Intelligence and
97(1) Giving further information to nominated ART Intelligence and
Provide further information on nominated ART Intelligence and international production orders.
97(2) Giving further information to nominated ART Intelligence and
telecommunications-interception-and-access-act-1979.pdf, p.197
98 Issue of international production order—national security
98(1) Issue of international production order—national security
(1) This clause applies if the Organisation applies, under clause 92...
Prohibition on storing communications prejudicial to security
98(2) Issue of international production order—national security
The prohibition applies during the relevant period.
Defines temporal interval for prohibition
(a) there are reasonable grounds for suspecting that the relevant person is engaged in, or is likely to engage in, activities prejudicial to security;
The prescribed communications provider must not store such communications.
(b) there are reasonable grounds for suspecting that the prescribed communications provider holds any of the following stored communications:
The prohibition applies if the conditions are met.
The prohibition applies until the relevant period.
telecommunications-interception-and-access-act-1979.pdf, p.201
99 Content of international production order
This clause applies to an international production order issued under clause 98.
99(1) Content of international production order
99(2) Content of international production order
99(3) Content of international production order
Provider must make copy available in specified way.
99(4) Content of international production order
A requirement may require that a copy of stored communications be made available to the Organisation directly.
99(5) Content of international production order
telecommunications-interception-and-access-act-1979.pdf, p.3
telecommunications-interception-and-access-act-1979.pdf, p.1
Compilation information and notes on amendments, applications, saving, transitional provisions, editorial changes, presentational changes, modifications, self-repealing provisions.
4 June 2026
The compilation was made on June 4, 2026.
The text states that the compilation date is June 4, 2026.
Classifies the text as a legislative provision.
The text is part of a legislative document.
Classifies the text as a compilation of the Telecommunications (Interception and Access) Act 1979.
The text is classified as a compilation of the law.
Identifies the volumes and sections of the compiled law.
The text mentions two volumes and their contents.
Telecommunications (Interception and Access) Act 1979