Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Telecommunications (Interception) Act 1979
1 Subsection 5(1) (definition of equipment )
After "network,", insert "and includes a telecommunications device".
2 Subsection 5(1)
Insert:
"telecommunications device" means a terminal device that is capable of being used for transmitting or receiving a communication over a telecommunications system.
3 Subsection 5(1)
Insert:
"telecommunications number" means the address used by a carrier for the purposes of directing a communication to its intended destination and identifying the origin of the communication, and includes:
(a) a telephone number; and
(b) a mobile telephone number; and
(c) a unique identifier for a telecommunications device (for example, an electronic serial number or a Media Access Control address); and
(d) a user account identifier; and
(e) an Internet Protocol address; and
(f) an email address.
4 At the end of Part I A
Add:
6Q Identification of telecommunications device
For the purposes of this Act, a telecommunications device may be identified by:
(a) a unique telecommunications number assigned to it from time to time; or
(b) any other unique identifying factor.
5 Subsection 9A(1)
Repeal the subsection, substitute:
(1) Upon receiving a request by the Director - General of Security for the issue of a warrant under this section in respect of a person, the Attorney - General may, under his or her hand, issue a warrant in respect of the person if the Attorney - General is satisfied that:
(a) the person is engaged in, or reasonably suspected by the Director - General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and
(b) the interception by the Organisation of:
(i) communications made to or from telecommunications services used by the person; or
(ii) communications made by means of a particular telecommunications device used by the person;
will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security; and
(c) relying on a telecommunications service warrant to obtain the intelligence would be ineffective.
(1A) The warrant authorises persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant:
(a) communications that are being made to or from any telecommunications service that the person is using, or is likely to use; or
(b) communications that are being made by means of a telecommunications device, identified in the warrant, that the person is using, or is likely to use.
Note: Subsection ( 3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device identified in the warrant.
(1B) The warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.
6 Saving provision
The repeal and substitution of subsection 9A(1) of the Telecommunications (Interception) Act 1979 by this Schedule does not affect the validity of a warrant issued under that subsection before the commencement of this Schedule.
7 After paragraph 9A(2)(b)
Insert:
(ba) if the warrant would authorise interception of communications made by means of a telecommunications device identified in the warrant--must include details sufficient to identify the telecommunications device that the person is using, or is likely to use; and
8 At the end of section 9A
Add:
(3) The Attorney - General must not issue a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant unless he or she is satisfied that:
(a) there are no other practicable methods available to the Organisation at the time of making the application to identify the telecommunications services used, or likely to be used, by the person in respect of whom the warrant would be issued; or
(b) interception of communications made to or from a telecommunications service used , or likely to be used , by that person would not otherwise be practicable.
9 Subsection 11B(1)
Repeal the subsection, substitute:
(1) The Attorney - General may, under his or her hand, issue a warrant in respect of a person if:
(a) the Director - General of Security gives a notice in writing to the Attorney - General requesting the Attorney - General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9A(1A) in relation to:
(i) communications that are being made to or from any telecommunications service that a person or foreign organisation is using, or is likely to use; or
(ii) communications that are being made by means of a particular telecommunications device that a person or foreign organisation is using, or is likely to use;
for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and
(b) the Attorney - General is satisfied, on the basis of advice received from the relevant Minister, that:
(i) the obtaining of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth's international affairs; and
(ii) it is necessary to intercept the communications of the person or foreign organisation in order to obtain the intelligence referred to in paragraph ( a); and
(iii) relying on a telecommunications service warrant to obtain the intelligence would be ineffective.
(1A) The warrant authorises persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant:
(a) communications that are being made to or from any telecommunications service that the person or foreign organisation is using, or is likely to use; or
(b) communications that are being made by means of a telecommunications device, identified in the warrant, that the person or foreign organisation is using, or is likely to use.
Note: Subsection ( 3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device identified in the warrant.
(1B) The warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.
10 Saving provision
The repeal and substitution of subsection 11B(1) of the Telecommunications (Interception) Act 1979 by this Schedule does not affect the validity of a warrant issued under that subsection before the commencement of this Schedule.
11 After paragraph 11B(2)(b)
Insert:
(ba) if the warrant would authorise interception of communications made by means of a telecommunications device identified in the warrant--must include details sufficient to identify the telecommunications device that the person or foreign organisation is using, or is likely to use; and
12 At the end of section 11B (before the note)
Add:
(3) The Attorney - General must not issue a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant unless he or she is satisfied that:
(a) there are no other practicable methods available to the Organisation at the time of making the application to identify the telecommunications services used, or likely to be used, by the person or foreign organisation in respect of whom or which the warrant would be issued; or
(b) interception of communications made to or from a telecommunications service used , or likely to be used , by that person or foreign organisation would not otherwise be practicable.
13 After paragraph 16(1)(a)
Insert:
(aa) the warrant is not a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant; and
14 After subsection 16(1)
Insert:
(1A) Where:
(a) the Managing Director of a carrier has been given a copy of a warrant under section 9A or 11B; and
(b) the warrant is a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant; and
(c) it is proposed, under the warrant, to intercept, by means of a telecommunications device, communications made to or from a telecommunications service operated by the carrier; and
(d) the device was not identified in the warrant;
a certifying person must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the device sufficient to identify it.
15 Paragraph 16(2)(a)
After "from which", insert ", or a telecommunications device by means of which,".
16 Paragraph 16(2)(b)
After "that service", insert ", or by means of that device,".
17 After paragraph 42(4A)(b)
Insert:
(ba) if the warrant would authorise interception of communications made by means of a telecommunications device identified in the warrant--details sufficient to identify the telecommunications device that the person is using, or is likely to use; and
18 Paragraph 46A(1)(d)
Repeal the paragraph, substitute:
(d) information that would be likely to be obtained by intercepting under a warrant:
(i) communications made to or from any telecommunications service that the person is using, or is likely to use; or
(ii) communications made by means of a particular telecommunications device that a person is using, or is likely to use;
would be likely to assist in connection with the investigation by the agency of a class 2 offence, or class 2 offences, in which the person is involved; and
19 At the end of subsection 46A(1)
Add:
Note: Subsection ( 3) restricts the issuing of a warrant authorising interception of communications made by means of a telecommunications device identified in the warrant.
20 Paragraph 46A(2)(a)
Repeal the paragraph, substitute:
(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:
(i) communications made to or from any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; or
(ii) communications made by means of a particular telecommunications device used, or likely to be used, by the person in respect of whom the warrant is sought;
as the case requires; and
21 At the end of section 46A
Add:
(3) The Judge or nominated AAT member must not issue a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant unless he or she is satisfied that:
(a) there are no other practicable methods available to the agency at the time of making the application to identify the telecommunications services used, or likely to be used, by the person in respect of whom the warrant would be issued; or
(b) interception of communications made to or from a telecommunications service used, or likely to be used, by that person would not otherwise be practicable.
22 After paragraph 60(4)(a)
Insert:
(aa) the warrant is not a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant; and
23 After subsection 60(4)
Insert:
(4A) Where:
(a) the Managing Director of a carrier has been informed, under subsection ( 1), of the issue of a named person warrant; and
(b) the warrant is a warrant that authorises interception of communications made by means of a telecommunications device identified in the warrant; and
(c) it is proposed, under the warrant, to intercept, by means of a telecommunications device, communications made to or from a telecommunications service operated by the carrier; and
(d) the device was not identified in the warrant;
a certifying person must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the device sufficient to identify it.
24 Paragraph 60(5)(b)
After "particular service", insert ", or by means of a particular device,".