Telecommunications (Interception And Access) Act 1979
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The Telecommunications (Interception and Access) Act 1979 (formerly Telecommunications (Interception) Act 1979, commonly referred as the TIA Act) is an Act of the
Parliament of Australia The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (repr ...
which prohibits the unauthorised interception of communications or access to stored communications, with certain exceptions. The Act was amended by the
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 The ''Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015'' (Cth) is an amending Act of the Parliament of Australia that adds to the '' Telecommunications (Interception and Access) Act 1979'' (the Principal Act) ...
.


Access to telecommunications data under the Act

Under the 1979 Act, the Australian Security and Intelligence Organization (ASIO) and ‘enforcement agencies’ can access telecommunications data by issuing an internal, or intra-organization, authorization.
During the 2012- 2013 inquiry into Australia’s national security legislation conducted by the
Parliamentary Joint Committee on Intelligence and Security The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is a Joint committee (legislative), joint committee of the Parliament of Australia which oversees Australia's primary agencies of the Australian Intelligence Community: Australia ...
(PJCIS), the Attorney General’s Department issued a document detailing what it considered to be telecommunications data. This included "information that allowed a communication to occur", such as the date, time and duration of the communication, the devices involved in the communication and the location of those devices such as mobile phone tower and "information about the parties to the communication", such as their names and addresses. Section 5 of the Act defines an enforcement agency to include the Australian Federal Police (AFP), the police force of a State or Territory, the
Australian Customs and Border Protection Service The Australian Customs and Border Protection Service was an Australian federal government agency responsible for managing the security and integrity of the Australian border and facilitating the movement of legitimate international travellers and ...
, crime commissions, anti-corruption bodies and the
CrimTrac Agency CrimTrac was a former Agency in the Attorney-General's Department that was merged with the Australian Crime Commission on 1 July 2016 to form the Australian Criminal Intelligence Commission. Crimtrac had been responsible for developing and maint ...
. The definition also includes an allowance enabling organizations whose remit either involves the administration of law involving a financial penalty or the administration of a law to protect taxation revenue to access telecommunications data. The head of an enforcement agency, the deputy head of an agency or a management level officer or employee of an agency, given permission in writing by the head of the agency, have the power to authorize access to telecommunications data. For ASIO, authorizations for access to telecommunications data can only be made when individual making that authorization is "satisfied that the disclosure would be in connection with the performance by the Organization of its functions. ASIO must also comply with guidelines issued under Section 8A of the Australian Security Intelligence Organisation Act 1979. These guidelines demand that the initiation and continuation of investigations shall only be authorized by the Director General, or an officer at or above Executive Level 2 authorised by the Director-General for that purpose; and that any means used for obtaining information must be proportionate to the gravity of the threat posed and the probability of its occurrence. In 2012-13, more than 80 Commonwealth, State and Territory enforcement agencies accessed telecommunications data under the 1979 Act. In that same time period, more than 330,640 authorizations were dispensed allowing access to data. These authorizations resulted in 546,500 disclosures.


2013-2014 comprehensive revision

On 12 December 2013, the Senate Legal and Constitutional Affairs References Committee began a ''Comprehensive revision of the Telecommunications (Interception and Access) Act 1979'' (the Act), with regard to the recommendations of the
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
''For Your Information: Australian Privacy Law and Practice'' report, dated May 2008, particularly recommendation 71.2; and recommendations relating to the Act from the Parliamentary Joint Committee on Intelligence and Security Inquiry into the potential reforms of Australia’s National Security Legislation report, dated May 2013.'' Their report was supposed to be tabled 10 June 2014, but on 14 May 2014, the Senate granted an extension of time for reporting until 27 August 2014.


Annual reports

Annual reports
are issued on the use of the act by the Australian Government Attorney General's Department.


See also

*
Australian law The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are subs ...
*
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
* '' Surveillance Devices Act 2004'' * ''
Telecommunications Act 1997 The Telecommunications Act 1997 is an act of law in the Commonwealth of Australia. It regulates the number of participants involving in carriers and carriage service providers. See also * Australian law * Australian Law Reform Commission * '' ...
'' * ''
Privacy Act 1988 The ''Privacy Act 1988'' is an Australian law dealing with privacy. Section 14 of the Act stipulates a number of privacy rights known as the Australian Privacy Principles (APPs). These principles apply to Australian Government and Australian C ...
'' * Mass surveillance in Australia *
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 The ''Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015'' (Cth) is an amending Act of the Parliament of Australia that adds to the '' Telecommunications (Interception and Access) Act 1979'' (the Principal Act) ...


References

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External links


Telecommunications (Interception and Access) Act 1979
at
ComLaw The Office of Parliamentary Counsel (OPC) is an Australian Commonwealth government agency established under the ''Parliamentary Counsel Act 1970'' (Cth) within the Commonwealth Attorney-General's portfolio. OPC drafts all government Bills that ...

Telecommunications Interception & Access Laws
Electronic Frontiers Australia Electronic Frontiers Australia Inc. (EFA) is a non-profit Australian national non-government organisation representing Internet users concerned with online liberties and rights. It has been vocal on the issue of Internet censorship in Australia ...
1979 in Australian law Acts of the Parliament of Australia Data laws of Oceania