Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1-1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Act binds the Crown  
   4A.     Application of the Criminal Code  
   4B.     Application to Norfolk Island  

   PART 1-2--INTERPRETATION

   5.      Interpretation  
   5AA.    Eligible Commonwealth authority declarations  
   5AB.    Authorised officers  
   5AC.    Authorisation of certifying officers  
   5AD.    Authorisation of certifying person  
   5AE.    Authorisation of members of the staff of a Commonwealth Royal Commission  
   5A.     Communicating etc. certain information  
   5B.     Exempt proceedings  
   5C.     Information or question relevant to inspection by Ombudsman  
   5D.     Serious offences  
   5E.     Serious contraventions  
   5F.     When a communication is passing over a telecommunications system  
   5G.     The intended recipient of a communication  
   5H.     When a communication is accessible to the intended recipient  
   6.      Interception of a communication  
   6AAA.   When a computer network is appropriately used by an employee etc. of a Commonwealth agency etc.  
   6AA.    Accessing a stored communication  
   6A.     Investigation of an offence  
   6B.     Involvement in an offence  
   6C.     Issue of warrant to agency or eligible authority  
   6D.     Judges  
   6DA.    Nominated ART members  
   6DB.    Issuing authorities  
   6DC.    Part 4 - 1 issuing authorities  
   6E.     Lawfully intercepted information  
   6EA.    Interception warrant information  
   6EAA.   Preservation notice information  
   6EB.    Stored communications warrant information  
   6F.     Offences  
   6G.     Officer of the Commonwealth, of a State or of a Territory  
   6H.     Person to whom application relates  
   6J.     Proceeding by way of a prosecution for an offence  
   6K.     Proceeding for confiscation or forfeiture or for pecuniary penalty  
   6L.     Relevant proceeding  
   6M.     Terminating the appointment of an officer  
   6N.     Declaration of staff members of State Police Forces  
   6P.     Identification of service  
   6Q.     Identification of telecommunications device  
   6R.     Communications Access Coordinator  
   6S.     Permitted purposes--integrity purposes  
   6T.     When a Part 5.3 supervisory order is taken to be in force  
   6U.     Succeeding Part 5.3 supervisory orders  
   6UA.    When a community safety supervision order is taken to be in force  
   6UB.    Succeeding community safety supervision orders  
   6V.     Substitution of references to the Attorney - General  
            

CHAPTER 2--Interception of telecommunications
            

   PART 2-1--PROHIBITION ON INTERCEPTION OF TELECOMMUNICATIONS

   7.      Telecommunications not to be intercepted  

   PART 2-2--WARRANTS AUTHORISING THE ORGANISATION TO INTERCEPT TELECOMMUNICATIONS

   9.      Issue of telecommunications service warrants by Attorney - General  
   9A.     Issue of named person warrants by Attorney - General  
   9B.     Provisions applying to warrants issued under section 9 or 9A  
   10.     Issue of warrant by Director - General of Security in emergency for Organisation to intercept telecommunications  
   11A.    Telecommunications service warrant for collection of foreign intelligence  
   11B.    Named person warrant for collection of foreign intelligence  
   11C.    Foreign communications warrant for collection of foreign intelligence  
   11D.    Provisions applying to foreign intelligence warrants  
   12.     Persons authorised to intercept communications for Organisation  
   13.     Discontinuance of interception before expiration of warrant  
   14.     Certain records retained by Organisation to be destroyed  
   15.     How warrants etc. to be dealt with  
   16.     Additional requirements for named person warrants  
   17.     Reports to be made to Attorney - General on results of interception  
   18.     Evidentiary certificates  

   PART 2-3--EMERGENCY REQUESTS AUTHORISING OFFICERS OF A CARRIER TO INTERCEPT TELECOMMUNICATIONS

   30.     Emergency requests  

   PART 2-4--AUTHORISATION OF INTERCEPTION FOR DEVELOPING AND TESTING INTERCEPTION CAPABILITIES

   31.     Applications for authorisation  
   31A.    Attorney - General may authorise interception for developing and testing interception capabilities  
   31AA.   Carrier to be notified of authorisation etc.  
   31B.    Authorisation of employees of a security authority  
   31C.    Destruction of records  
   31D.    Reports to the Attorney - General  
   31E.    Employees of security authorities  

   PART 2-5--WARRANTS AUTHORISING AGENCIES TO INTERCEPT TELECOMMUNICATIONS

           Division 2--Declaration of State Law Enforcement Authorities as Agencies

   34.     Declaration of an eligible authority of a State as an agency  
   35.     Preconditions for declaration  
   36.     State laws requiring copies of documents to be given to responsible Minister  
   37.     Revocation of declaration  
   38.     Effect of revocation  
   38A.    Agencies authorised to apply for Part 5.3 warrants  
   38B.    Agencies authorised to apply for Part 9.10 warrants  

           Division 3--Applications for warrants

   39.     Agency may apply for warrant  
   40.     Form of application  
   41.     Contents of application  
   42.     Affidavit to accompany written application  
   43.     Information to be given on telephone application  
   44.     Giving further information to Judge  
   44A.    Application by interception agency of Victoria  
   45.     Application by interception agency of Queensland  
   45A.    State law not affected  

           Division 4--Warrants

   46.     Issue of telecommunications service warrant  
   46A.    Issue of named person warrant  
   47.     Limit on authority conferred by warrant  
   48.     Issue of warrant for entry on premises  
   49.     Form and content of warrant  
   50.     Issue of warrant on telephone application  
   51.     Action by agency after warrant issued on telephone application  
   52.     Judge or nominated ART member may revoke warrant where section 51 contravened  
   54.     Entry into force of warrants  
   55.     Exercise of authority conferred by warrant  
   57.     Revocation of warrant by chief officer  
   58.     Discontinuance of interceptions under certain warrants  
   59.     When revocation of certain warrants takes effect  
   59A.    Notification to Secretary of the Department  
   59B.    Notification to Ombudsman by Commonwealth agencies in relation to Part 5.3 warrants  
   59C.    Notification to Ombudsman by Commonwealth agencies in relation to Part 9.10 warrants  
   60.     Notification to authorised representative of carrier of issue or revocation of certain warrants  
   61.     Evidentiary certificates  
   61A.    Certified copy of warrant  

   PART 2-6--DEALING WITH INTERCEPTED INFORMATION ETC.

   62.     Application of Part  
   63.     No dealing in intercepted information or interception warrant information  
   63AA.   Dealing in interception warrant information for the purposes of Part 2 - 2, 2 - 5, 2 - 7 or 2 - 8  
   63AB.   Dealing in general computer access intercept information etc.  
   63AC.   Dealing in ASIO computer access intercept information etc.  
   63AD.   Dealing in data disruption intercept information etc.  
   63AE.   Dealing in network activity warrant intercept information etc.  
   63A.    Dealing in connection with existing proceeding  
   63B.    Dealing in information by employees of carriers  
   63C.    Dealing in information for network protection purposes etc.  
   63D.    Dealing in information for disciplinary purposes  
   63E.    Responsible person for a computer network may communicate information to an agency  
   64.     Dealing in connection with Organisation's functions  
   64A.    Dealing in connection with Inspector - General's functions  
   65.     Dealing in information obtained by Organisation  
   65A.    Employee of carrier may communicate information to agency  
   66.     Interceptor may communicate to officer who applied for warrant or authorised person  
   67.     Dealing for permitted purposes  
   68.     Chief officer may communicate information obtained by agency  
   68A.    Communicating information obtained by the Secretary of the Attorney - General's Department  
   69.     State authority may ask not to receive information under section 68  
   70.     Communicating information obtained by interception under Part 2 - 3  
   71.     Dealing with information where interception suspected to be unlawful  
   72.     Making record for purpose of permitted communication  
   73.     Further dealing by recipient of certain information  
   74.     Giving information in evidence in exempt proceeding  
   75.     Giving information in evidence where defect in connection with warrant  
   75A.    Evidence that has been given in exempt proceeding  
   76.     Giving information in evidence in criminal proceedings under this Act  
   76A.    Giving information in evidence in civil proceedings for remedial relief  
   77.     Intercepted material and interception warrant information inadmissible except as provided  
   78.     Where evidence otherwise inadmissible  
   79.     Destruction of restricted records that are not likely to be required for a permitted purpose  
   79AA.   Destruction of restricted records--information obtained before a Part 5.3 supervisory order came into force  
   79AB.   Destruction of restricted records--information obtained before a community safety supervision order came into force  
   79A.    Responsible person for a computer network must ensure restricted records are destroyed  

   PART 2-7--KEEPING AND INSPECTION OF INTERCEPTION RECORDS

   80.     Commonwealth agencies to keep documents connected with issue of warrants  
   81.     Other records to be kept by Commonwealth agencies in connection with interceptions  
   81AA.   Organisation to record particulars in relation to eligible authorities of a State  
   81A.    General Register of Warrants  
   81B.    Regular submission of General Register to Minister  
   81C.    Special Register of Warrants  
   81D.    Regular submission of Special Register to Minister  
   81E.    Provision of information by eligible authorities  
   83.     Inspections  
   84.     Reports  
   85.     Ombudsman may report on other breaches of this Act  
   85A.    Annual report may cover notified breaches in relation to Part 5.3 warrants  
   85B.    Annual report may cover notified breaches in relation to Part 9.10 warrants  
   86.     Ombudsman's general powers  
   87.     Power to obtain relevant information  
   88.     Ombudsman to be given information and access notwithstanding other laws  
   89.     Dealing with information for the purposes of inspection and report  
   90.     Ombudsman not to be sued  
   91.     Delegation by Ombudsman  
   92.     Application of Ombudsman Act  
   92A.    Exchange of information between Ombudsman and State inspecting authorities  

   PART 2-8--REPORTS ABOUT INTERCEPTIONS UNDER PARTS 2-3 AND 2-5

           Division 1--Reports to the Minister

   93.     Annual reports to Minister about interceptions under Part 2 - 3  
   94.     Annual reports regarding applications and warrants under Part 2 - 5  
   94A.    Reports regarding emergency interception action  
   94B.    Reports regarding named person warrants  
   95.     Minister may seek further information from Commonwealth agency  
   96.     Annual reports by State authorities  
   97.     Reports by Managing Directors about acts done in connection with certain warrants under Part 2 - 5  

           Division 2--Reports by the Minister

   99.     Annual report by Minister about warrants under Part 2 - 5  
   100.    Report to set out how many applications made and warrants issued  
   101.    Report to contain particulars about duration of warrants  
   102.    Report to contain information about effectiveness of warrants  
   102A.   Report regarding interceptions without warrant  
   102B.   Report regarding international requests  
   103.    Other information to be included in report  
   103B.   Deferral of inclusion of information in report  

           Division 3--Provisions about annual reports

   104.    Annual reports  

   PART 2-9--OFFENCES

   105.    Contravention of section 7 or 63  
   106.    Obstruction  
   107.    Offences relating to inspections under Part 2 - 7  

   PART 2-10----CIVIL REMEDIES

   107A.   Civil remedies--unlawful interception or communication  
   107B.   Limitation periods etc.  
   107C.   No limitation on other liability  
   107D.   Concurrent operation of State and Territory laws  
   107E.   State or Territory courts--jurisdictional limits  
   107F.   Extended meaning of conviction --orders under section 19B of the Crimes Act 1914  
            

CHAPTER 3--Preserving and accessing stored communications
            

   PART 3-1A----PRESERVING STORED COMMUNICATIONS

           Division 1--Outline of this Part

   107G.   Outline of this Part  

           Division 2--Domestic preservation notices

   107H.   Domestic preservation notices  
   107J.   Conditions for giving domestic preservation notices  
   107K.   When a domestic preservation notice is in force  
   107L.   Revoking a domestic preservation notice  
   107M.   Persons who act on the issuing agency's behalf  

           Division 3--Foreign preservation notices

   107N.   When a foreign preservation notice can be given  
   107P.   Condition for giving a foreign preservation notice  
   107Q.   When a foreign preservation notice is in force  
   107R.   Revoking a foreign preservation notice  
   107S.   Persons who act on the AFP's behalf  

           Division 4--Provisions relating to preservation notices

   107T.   Evidentiary certificates relating to actions by carriers  
   107U.   Evidentiary certificates relating to actions by issuing agencies  
   107V.   Certified copies of preservation notices  
   107W.   How notices are to be given to carriers  

   PART 3-1--PROHIBITION ON ACCESS TO STORED COMMUNICATIONS

   108.    Stored communications not to be accessed  

   PART 3-2--ACCESS BY THE ORGANISATION TO STORED COMMUNICATIONS

   109.    Access to stored communications under Part 2 - 2 warrants  

   PART 3-3--ACCESS BY CRIMINAL LAW-ENFORCEMENT AGENCIES TO STORED COMMUNICATIONS

           Division 1--Applications for warrants

   110.    Criminal law - enforcement agencies may apply for stored communications warrants  
   110A.   Meaning of criminal law - enforcement agency  
   110B.   Declarations in relation to the Immigration and Border Protection Department  
   111.    Form of applications  
   112.    Contents of written applications  
   113.    Affidavits to accompany written applications  
   114.    Information to be given on telephone applications  
   115.    Giving further information to Judge  

           Division 2--Issuing of warrants

   116.    Issuing of stored communications warrants  
   117.    What stored communications warrants authorise  
   118.    Form and content of stored communications warrants  
   119.    Duration of stored communications warrants  

           Division 3--How warrants etc. are dealt with

   120.    Stored communications warrants issued on telephone applications  
   121.    What happens when stored communications warrants are issued  
   122.    Revocation of stored communications warrants by chief officers  
   123.    What happens when stored communications warrants are revoked  
   124.    Access to additional telecommunications services under stored communications warrants  

           Division 4--Provisions relating to execution of warrants

   125.    Entry into force of stored communications warrants  
   126.    Limit on authority conferred by warrant  
   127.    Exercise of authority conferred by warrant  
   128.    Provision of technical assistance  
   129.    Evidentiary certificates relating to actions by carriers  
   130.    Evidentiary certificates relating to actions by criminal law - enforcement agencies  
   131.    Certified copies of stored communications warrants  
   132.    Obstruction  

   PART 3-4--DEALING WITH ACCESSED INFORMATION ETC.

           Division 1--Prohibition on dealing with accessed information etc.

   133.    No dealing with accessed information etc.  

           Division 2--Permitted dealings with accessed information

   134.    Dealing in preservation notice information or stored communications warrant information  
   135.    Dealing in information by employees of carriers  
   136.    Dealing in connection with Organisation's functions  
   137.    Dealing in information obtained by Organisation  
   138.    Employee of carrier may communicate information to criminal law - enforcement agency  
   139.    Dealing for purposes of investigation etc.  
   139AA.  Dealing in connection with Inspector - General's functions  
   139A.   Dealing for integrity purposes  
   139B.   Dealing for purposes relating to Part 5.3 orders or Part 9.10 orders  
   140.    Dealing with information if access suspected to be unlawful  
   141.    Making record for purpose of permitted communication  
   142.    Further dealing by recipient of certain information  
   142A.   Communicating information obtained as a result of an international assistance application  
   143.    Giving information in evidence in exempt proceeding  
   144.    Giving information in evidence if communication unlawfully accessed  
   145.    Evidence that has been given in exempt proceeding  
   146.    Giving information in evidence in civil proceedings for remedial relief  

           Division 3--Admissibility of evidence

   147.    Accessed material inadmissible except as provided  
   148.    Stored communications warrant information inadmissible except as provided  
   149.    Evidence that is otherwise inadmissible  

           Division 4--Destruction of records

   150.    Destruction of records  

   PART 3-5--KEEPING AND INSPECTION OF RECORDS

           Division 1--Obligation to keep records

   151.    Obligation to keep records  

           Division 3--Inspection of preservation notice records by Inspector-General of Intelligence and Security

   158A.   Functions of the Inspector - General of Intelligence and Security  

   PART 3-6--REPORTS ABOUT ACCESS TO STORED COMMUNICATIONS

           Division 1--Reports to the Minister

   159.    Annual reports regarding applications and warrants under Part 3 - 3  
   160.    Minister may seek further information from Commonwealth agency  

           Division 2--Reports by the Minister

   161.    Annual report by Minister about stored communications warrants  
   161A.   Report to contain information about preservation notices  
   162.    Report to set out how many applications made and warrants issued  
   163.    Report to contain information about effectiveness of warrants  
   163A.   Report regarding international requests  

           Division 3--Provisions about annual reports

   164.    Annual reports  

   PART 3-7--CIVIL REMEDIES

   165.    Civil remedies--unlawful access or communication  
   166.    Limitation periods etc.  
   167.    No limitation on other liability  
   168.    Concurrent operation of State and Territory laws  
   169.    State or Territory courts--jurisdictional limits  
   170.    Extended meaning of conviction --orders under section 19B of the Crimes Act 1914  
            

CHAPTER 4--Access to telecommunications data
            

   PART 4-1--PERMITTED ACCESS TO TELECOMMUNICATIONS DATA

           Division 1--Outline of Part

   171.    Outline of Part  

           Division 2--General provisions

   172.    No disclosure of the contents or substance of a communication  
   173.    Effect of Divisions 3 to 5  

           Division 3--The Organisation

   174.    Voluntary disclosure  
   175.    Authorisations for access to existing information or documents  
   176.    Authorisations for access to prospective information or documents  

           Division 4--Enforcement agencies

   176A.   Meaning of enforcement agency  
   177.    Voluntary disclosure  
   178.    Authorisations for access to existing information or documents--enforcement of the criminal law  
   178A.   Authorisations for access to existing information or documents--locating missing persons  
   179.    Authorisations for access to existing information or documents--enforcement of a law imposing a pecuniary penalty or protection of the public revenue  
   180.    Authorisations for access to prospective information or documents  

           Division 4A--Foreign law enforcement

              Subdivision A--Primary disclosures

   180A.   Authorisations for access to existing information or documents--enforcing foreign or international laws  
   180B.   Authorisations for access to prospective information or documents--enforcing international laws  

              Subdivision B--Secondary disclosures

   180C.   Authorisations to disclose information or documents--enforcing foreign or international laws  
   180D.   Authorisations to disclose information or documents--enforcement of the criminal law  

              Subdivision C--Conditions of disclosure to foreign law enforcement agencies

   180E.   Disclosing information etc. to foreign countries or foreign law enforcement agencies  

           Division 4B--Privacy to be considered when making authorisations

   180F.   Authorised officers to consider privacy  

           Division 4C--Journalist information warrants

              Subdivision A--The requirement for journalist information warrants

   180G.   The Organisation  
   180H.   Enforcement agencies  

              Subdivision B--Issuing journalist information warrants to the Organisation

   180J.   Requesting a journalist information warrant  
   180K.   Further information  
   180L.   Issuing a journalist information warrant  
   180M.   Issuing a journalist information warrant in an emergency  
   180N.   Duration of a journalist information warrant  
   180P.   Discontinuance of authorisations before expiry of a journalist information warrant  

              Subdivision C--Issuing journalist information warrants to enforcement agencies

   180Q.   Enforcement agency may apply for a journalist information warrant  
   180R.   Further information  
   180S.   Oaths and affirmations  
   180T.   Issuing a journalist information warrant  
   180U.   Form and content of a journalist information warrant  
   180V.   Entry into force of a journalist information warrant  
   180W.   Revocation of a journalist information warrant by chief officer  

              Subdivision D--Miscellaneous

   180X.   Public Interest Advocates  

           Division 5--Uses of telecommunications data connected with provision of access

   181.    Uses of telecommunications data connected with provision of access  

           Division 6--Disclosure/use offences

   181A.   Disclosure/use offences: authorisations under Division 3  
   181B.   Disclosure/use offences: certain authorisations under Division 4  
   182.    Secondary disclosure/use offence: disclosures under Division 4  
   182A.   Disclosure/use offences: journalist information warrants  
   182B.   Permitted disclosure or use: journalist information warrants  

   PART 4-2--PROCEDURAL REQUIREMENTS RELATING TO AUTHORISATIONS

   183.    Form of authorisations and notifications  
   184.    Notification of authorisations or revocations  
   185.    Retention of authorisations  
   185A.   Evidentiary certificates relating to acts by carriers  
   185B.   Evidentiary certificates relating to acts by the Organisation  
   185C.   Evidentiary certificates relating to acts by enforcement agencies  
   185D.   Notification etc. of authorisations intended to identify media sources  
   185E.   Reports on access to retained data  
   186.    Report to Minister  
   186A.   Obligation to keep records  
            

CHAPTER 4A--Oversight by the Commonwealth Ombudsman
            

   186B.   Inspection of records  
   186C.   Power to obtain relevant information  
   186D.   Ombudsman to be given information and access despite other laws  
   186E.   Application of Ombudsman Act  
   186F.   Exchange of information between Ombudsman and State inspecting authorities  
   186G.   Delegation by Ombudsman  
   186H.   Ombudsman not to be sued  
   186J.   Reports  
            

CHAPTER 5--Co-operation with agencies
            

   PART 5-1--DEFINITIONS

   187.    Definitions  

   PART 5-1A----DATA RETENTION

           Division 1--Obligation to keep information and documents

   187A.   Service providers must keep certain information and documents  
   187AA.  Information to be kept  
   187B.   Certain service providers not covered by this Part  
   187BA.  Ensuring the confidentiality of information  
   187C.   Period for keeping information and documents  

           Division 2--Data retention implementation plans

   187D.   Effect of data retention implementation plans  
   187E.   Applying for approval of data retention implementation plans  
   187F.   Approval of data retention implementation plans  
   187G.   Consultation with agencies and the ACMA  
   187H.   When data retention implementation plans are in force  
   187J.   Amending data retention implementation plans  

           Division 3--Exemptions

   187K.   Communications Access Coordinator may grant exemptions or variations  
   187KA.  Review of exemption or variation decisions  

           Division 4--Miscellaneous

   187KB.  Commonwealth may make a grant of financial assistance to service providers  
   187L.   Confidentiality of applications  
   187LA.  Application of the Privacy Act 1988  
   187M.   Pecuniary penalties and infringement notices  
   187N.   Review of operation of this Part  
   187P.   Annual reports  

   PART 5-2--DELIVERY POINTS

   188.    Delivery points  

   PART 5-3--INTERCEPTION CAPABILITY

           Division 1--Obligations

   189.    Minister may make determinations  
   190.    Obligations of persons covered by a determination  
   191.    Obligations of persons not covered by a determination in relation to a kind of telecommunications service  

           Division 2--Exemptions

   192.    Communications Access Coordinator may grant exemptions  
   193.    ACMA may grant exemptions for trial services  

   PART 5-4--INTERCEPTION CAPABILITY PLANS

   195.    Nature of an interception capability plan  
   196.    Time for giving IC plans by carriers  
   197.    Time for giving IC plans by nominated carriage service providers  
   198.    Consideration of IC plans  
   199.    Commencement of IC plans  
   200.    Compliance with IC plans  
   201.    Consequences of changed business plans  
   202.    Confidential treatment of IC plans  

   PART 5-4A----REQUIREMENT ARISING FROM PROPOSED CHANGES

   202A.   Purpose of Part  
   202B.   Carrier or provider to notify of proposed change  
   202C.   Communications Access Coordinator may notify agencies  

   PART 5-5--DELIVERY CAPABILITY

   203.    Communications Access Coordinator may make determinations  
   204.    Obligations of persons covered by a determination  
   205.    Obligations of persons not covered by a determination in relation to a kind of telecommunications service  

   PART 5-6--ALLOCATION OF COSTS

           Division 1--Outline of Part

   206.    Outline of Part  

           Division 2--Interception capability

   207.    Costs to be borne by the carriers  

           Division 3--Delivery capability

   208.    Costs to be borne by the interception agencies  
   209.    Working out costs of delivery capabilities  
   210.    Examination of lower cost options  
   211.    ACMA may require independent audit of costs  
            

CHAPTER 6--Miscellaneous
            

   PART 6-1--MISCELLANEOUS

   298.    Protection of persons--control order declared to be void  
   299.    Dealing with information obtained under a warrant--control order declared to be void  
   299A.   Schedule 1  
   300.    Regulations  
           SCHEDULE 1 International production orders