Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 85

STATUTORY RULES 2001 No. 85

Issued by the Authority of the Attorney-General

Telecommunications (Interception) Act 1979

Telecommunications (Interception) Amendment Regulations 2001 (No. 1)

Part VI of the Telecommunications (Interception) Act 1979 (the Act) provides for warrants authorising agencies to intercept telecommunications. Section 49 of the Act provides in part that warrants shall be in accordance with the prescribed form. Section 108 permits the GovernorGeneral to make regulations prescribing matters required or permitted to be prescribed by the Act.

Part VI Division 4 provides for several categories of warrants. Section 45 provides for the issue of a telecommunications service warrant in relation to a class 1 offence. Section 45A provides for the issue of a named person warrant in relation to a class 1 offence. Section 46 provides for the issue of a telecommunications service warrant in relation to a class 2 offence. Section 46A provides for the issue of a named person warrant in relation to a class 2 offence. Section 48 provides for the issue of a warrant for entry onto premises. Telecommunications service warrants authorise the interception of a particular service while named person warrants authorise the interception of all services used, or likely to be used, by a named person. Section 48 warrants may be sought where sections 45 or 46 authorise the use of a warrant but for technical or other reasons it is impractical or inappropriate to intercept communications under a warrant otherwise than by the use of equipment or a line installed on a premises.

The Telecommunications (Interception) Regulations 1987 (the principal Regulations) prescribe the form of warrant for the purpose of sections 45, 45A, 46, 46A and 48. The Telecommunications (Interception) Amendment Regulations 2000 (the 2000 amendment Regulations), were gazetted on 8 December 2000. These regulations amended the form of warrant in the regulations for telecommunications service warrants to ensure that a warrant may be executed on behalf of another agency. The 2000 amendment Regulations also updated the form of warrant to a modem drafting style that is consistent with the style of the named person warrants.

The objective of the 2000 amendment Regulations was to provide consistency in the form of warrants. The 2000 amendment Regulations contain various discrepancies and typographical errors which require amendment. The errors introduce inconsistencies between the form of warrants issued under the Telecommunications (Interception) Act 1979 (the Interception Act). These Regulations amend the principal Regulations to remove those inconsistencies and correct typographical errors.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

Attachment

NOTES ON THE REGULATIONS

The details of the regulations are as follows:

Regulation 1 Cites the regulations as the Telecommunications (Interception) Amendment Regulations 2001 (No. 1).

Regulation 2 The Regulations commence on gazettal.

Regulation 3 Schedule 1 amends the Telecommunications (Interception) Regulations 1987.

Items 1 - 3 of Schedule 1 amend Form 2 of Schedule 3.

The word 'service' has been removed from the title. The narrative style of the provision allows the expression 'applicant agency' to be referred to as 'the agency' for subsequent references within the one provision.

Items 4 - 8 of Schedule 1 amend Form 3 of Schedule 3.

The phrase 'issue this warrant authorising' has been simplified to 'authorise' to be consistent with Forms 1, 2 and 4.

The phrase 'I have been satisfied ...' has been amended to the present tense 'I am satisfied to be consistent with the other prescribed forms of warrant.

Form 3 incorrectly refers to 'class 1 offences'. Each reference to 'class 1' is amended to 'class 2'. The word 'so' has been omitted from subparagraph 1(2)(e)(iv).

Items 9 - 13 of Schedule 1 amend Form 4 of Schedule 3.

The word 'service' has been removed from the title.

The phrase 'a particular person (namely, the person identified above)' has been simplified to 'the named person' to be consistent with Form 2.

Form 4 incorrectly refers to 'class 1 offences'. Each reference to 'class 1' is amended to 'class 2'.

Paragraph (2)(e)(iv) of Form 4 does not exactly replicate the statutory criteria under s46A(2)(d) of the Interception Act and is replaced with a paragraph in equivalent terms to item 1 paragraph (2)(e)(i) of Form 2.

Items 14 - 17 of Schedule 1 amend Form 5 of Schedule 3.

The phrase 'issue this warrant authorising' has been simplified to 'authorise' to be consistent with Forms 1, 2 and 4.

The narrative style of the provision allows the expression 'applicant agency' to be referred to as 'the agency' for subsequent references within the one provision.

The last line of Item 2(c)(ii) of Form 5 reads 'whom the application in involved. 'The word 'in' has been replaced with the word 'is'.