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 AAT 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 Co-ordinator  
• 6S Permitted purposes--integrity purposes  
• 6T When control order is taken to be in force  
• 6U Succeeding control orders  
 

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 control order 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 AAT 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 control order 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.  
• 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 or Inspector-General's functions  
• 65 Communicating 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 control 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 control order 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  
• 103A Annual report for 1999-2000  
• 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

• 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 Communicating information obtained by Organisation  
• 138 Employee of carrier may communicate information to criminal law-enforcement agency  
• 139 Dealing for purposes of investigation etc.  
• 139A Dealing for integrity purposes  
• 139B Dealing for purposes relating to control orders and preventative detention orders  
• 139C Dealing for purposes relating to continuing detention 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

• 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

• 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

• 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 The Communications Access Co-ordinator 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 The Communications Access Co-ordinator 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 Co-ordinator may notify agencies  

PART 5-5--DELIVERY CAPABILITY

• 203 Communications Access Co-ordinator 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  
• 300 Regulations