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SLI 2006 No. 116 Regulations as made
These Regulations amend the Telecommunications (Interception) Regulations 1987 to incorporate changes made to the interception regime by the Telecommunciations (Interception) Amendment Act 2006. These changes include the insertion of a new stored communications warrant regime and the provision of B-Party and equipment-based interception powers to law enforcement and security agencies.
Administered by: Attorney-General's
Registered 02 Jun 2006
Tabling HistoryDate
Tabled HR13-Jun-2006
Tabled Senate13-Jun-2006
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Telecommunications (Interception) Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 116

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Telecommunications (Interception) Act 1979.

Dated 1 June 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK


1              Name of Regulations

                These Regulations are the Telecommunications (Interception) Amendment Regulations 2006 (No. 1).

2              Commencement

                These Regulations commence as follows:

                (a)    on 13 June 2006 — regulations 1 to 3 and Schedule 1;

               (b)    on 1 July 2006 — Schedule 2.

3              Amendment of Telecommunications (Interception) Regulations 1987

                Schedules 1 and 2 amend the Telecommunications (Interception) Regulations 1987.


Schedule 1        Amendments commencing on 13 June 2006

(regulation 3)

  

[1]           Regulations 1 and 2

substitute

1              Name of Regulations

                These Regulations are the Telecommunications (Interception and Access) Regulations 1987.

2              Definition

                In these Regulations:

Act means the Telecommunications (Interception and Access) Act 1979.

[2]           After regulation 3

insert

4              Stored communications warrant — prescribed form

                For paragraph 118 (1) (a) of the Act, form 6 in Schedule 3 is prescribed.

[3]           Schedule 3, heading

substitute

Schedule 3        Forms

(regulations 3 and 4)

[4]           Schedule 3, after Form 5

insert

Form 6        Stored communications warrant

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

STORED COMMUNICATIONS WARRANT

 

Person in respect of whom warrant is issued

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant enforcement agency

[name]

Person making application on behalf of applicant enforcement agency

[full name]

Note   See subsections 119 (4) and (5) of the Act in relation to issuing a further warrant in respect of a person in respect of whom a previous warrant was issued.

1              Authorisation

(1)  I, [name], an issuing authority within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 116 of the Act, authorise the accessing of any stored communication:

     (a)       that was made by the person mentioned above, or that another person has made and for which the intended recipient is the person mentioned above; and

     (b)       that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.

(2)  I am satisfied, on the basis of the information given to me by the applicant enforcement agency, that:

     (a)       Division 1 of Part 3-3 of the Act has been complied with in relation to the application for this warrant; and

    *(b)       because of urgent circumstances, it was necessary to make the application by telephone; and

     (c)       there are reasonable grounds for suspecting that *a particular carrier holds/*particular carriers hold stored communications:

                  (i)    that the person mentioned above has made; or

                 (ii)    that another person has made and for which the person mentioned above is the intended recipient; and

     (d)       information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with the investigation by the applicant enforcement agency of the following *serious contravention/*serious contraventions, in which the person mentioned above is involved:

                [short particulars of each serious contravention]; and

     (e)       the warrant should be issued having regard to the following matters only:

                  (i)    how much the privacy of any person or persons would be likely to be interfered with by accessing those stored communications under a stored communications warrant; and

                 (ii)    the gravity of the conduct constituting each serious contravention being investigated; and

                 (iii)    how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation by the applicant enforcement agency of each serious contravention; and

                (iv)    to what extent the methods of investigating each serious contravention that do not involve the use of a stored communications warrant in relation to the person mentioned above have been used by, or are available to, the applicant enforcement agency; and

                 (v)    how much the use of such methods would be likely to assist in connection with the investigation by the applicant enforcement agency of each serious contravention; and

                (vi)    how much the use of such methods would be likely to prejudice the investigation by the applicant enforcement agency of each serious contravention, whether because of delay or for any other reason.

2              Persons who may exercise this authority

Under section 127 of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant enforcement agency, or another enforcement agency, in relation to whom an approval under subsection 127 (2) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3              Duration of warrant

(1)  Under section 125 of the Act, this warrant comes into force when it is issued.

*(2)  Under subsection 119 (1) of the Act, this warrant remains in force until the occurrence of the sooner of the following:

     (a)       the warrant is first executed;

     (b)       the end of the period of 5 days after the day on which it was issued.

[Complete the above subclause only if the warrant relates to 1 or more telecommunication services that are all operated by the same carrier]

*(2)  Under subsection 119 (2) of the Act, this warrant remains in force, to the extent that it relates to a telecommunications service operated by a particular carrier, until the occurrence of the sooner of the following:

     (a)       the warrant is first executed in relation to a telecommunications service operated by that particular carrier;

     (b)       the end of the period of 5 days after the day on which it was issued.

[Complete the above subclause only if the warrant relates to 2 or more telecommunications services that are not all operated by the same carrier]

*4            Conditions

The accessing of stored communications under this warrant is subject to the following conditions:

[details of conditions].

*5            Restrictions

The accessing of stored communications under this warrant is subject to the following restrictions:

[details of restrictions].

 

Dated

……………………..

Issuing Authority

*   Omit if not applicable

Schedule 2        Amendments commencing on 1 July 2006

(regulation 3)

[1]           Regulation 3

substitute

3              Warrants authorising agencies to intercept telecommunications — prescribed forms

                For subsection 49 (1) of the Act, the following forms are prescribed:

                (a)    for a warrant issued under section 46 of the Act — form 3 in Schedule 3;

               (b)    for a warrant issued under section 46A of the Act — form 4 in Schedule 3;

                (c)    for a warrant issued under section 48 of the Act — form 5 in Schedule 3.

[2]           Schedule 3, Forms 1 and 2

omit

[3]           Schedule 3, Forms 3, 4 and 5

substitute

Form 3        Telecommunications service warrant

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

TELECOMMUNICATIONS SERVICE WARRANT

 

Telecommunications service

[unique number assigned to the service; any other known unique identifying factors]

Particular person

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1              Authorisation

(1)  I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46 of the Act, authorise interceptions of communications made to or from the telecommunications service mentioned above.

(2)  I am satisfied, on the basis of the information given to me by the applicant agency, that:

     (a)       Division 3 of Part 2-5 of the Act has been complied with in relation to the application for this warrant; and

    *(b)       because of urgent circumstances, it was necessary to make the application by telephone; and

     (c)       there are reasonable grounds for suspecting that the particular person mentioned above is using, or is likely to use, the service; and

     (d)       information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service, would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which

                  *the particular person is involved:

                *another person is involved, with whom the particular person is likely to communicate using the service:

                [short particulars of the serious offence or serious offences]; and

     (e)       the warrant should be issued having regard to the following matters only:

                  (i)    how much the privacy of any person or persons would be likely to be interfered with by intercepting, under a warrant, communications made to or from the service; and

                 (ii)    the gravity of the conduct constituting the *offence/*offences being investigated; and

                 (iii)    how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences; and

                (iv)    to what extent methods of investigating the *offence/*offences that do not involve so intercepting communications have been used by, or are available to, the applicant agency; and

                 (v)    how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences; and

                (vi)    how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.

*(3)  I am satisfied that:

      *the applicant agency has exhausted all other practicable methods of identifying the services used, or likely to be used, by the person involved in the *serious offence/*serious offences being investigated.

*interception of communications made to or from a service used or likely to be used by the person involved in the *serious offence/*serious offences being investigated would not otherwise be possible.

[Complete subclause (3) in a case in which subparagraph 46 (1) (d) (ii) of the Act applies]

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3              Period for which warrant is in force

*(1)  Under subsection 54 (1) of the Act, this warrant does not come into force until:

     (a)       in any case, a copy of the warrant; or

     (b)       in the case of a warrant issued on a telephone application, a notification under paragraph 53 (1) (b) of the Act of the issue of the warrant;

is received by or on behalf of the Commissioner of Police.

[Include the above subclause if the warrant is issued to an agency other than the Australian Federal Police]

*(1)  Under subsection 54 (2) of the Act, this warrant comes into force when it is issued.

[Include the above subclause if the warrant is issued to the Australian Federal Police]

(2)  This warrant is in force until [specify date].

[specify a date that is:

(a)     if subparagraph 46 (1) (d) (ii) of the Act applies — not more than 45 days away; or

(b)     otherwise — not more than 90 days away]

*4            Conditions

Interceptions under this warrant are subject to the following conditions:

[details of conditions].

*5            Restrictions

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

Dated

…………………………………..

*Judge/*nominated AAT member

*   Omit if not applicable

Form 4        Named person warrant

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

NAMED PERSON WARRANT

 

*Particular telecommunications device

[unique number assigned to the device; and other known unique identifying factors]

Particular person (named person)

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1              Authorisation

(1)  I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 46A of the Act, authorise interceptions of communications made to or from any telecommunications service that the named person is using, or is likely to use.

*and communications made by means of the particular telecommunications device mentioned above that a person is using, or is likely to use.

(2)  I am satisfied, on the basis of the information given to me by the applicant agency, that:

     (a)       Division 3 of Part 2-5 of the Act has been complied with in relation to the application for this warrant; and

    *(b)       because of urgent circumstances, it was necessary to make the application by telephone; and

     (c)       there are reasonable grounds for suspecting that the named person is using, or is likely to use, more than 1 telecommunications service; and

     (d)       information that would be likely to be obtained by intercepting, under a warrant, communications made to or from any telecommunications service that the named person is using, or is likely to use,

                *and communications made by means of the 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 the following *serious offence/*serious offences, in which the named person is involved:

                [short particulars of the serious offence or serious offences]; and

     (e)       the warrant should be issued having regard to the following matters only:

                  (i)    how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant:

                              (A)      communications made to or from any telecommunications service used, or likely to be used, by the named person; or

                              (B)      communications made by means of the particular telecommunications device used, or likely to be used, by the named person; and

                 (ii)    the gravity of the conduct constituting the *offence/*offences being investigated; and

                 (iii)    how much the information referred to in paragraph (d) would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences; and

                (iv)    to what extent methods (including the use of a warrant issued under section 46 of the Act) of investigating the *offence/*offences that do not involve the use of a warrant issued under section 46A of the Act in relation to the named person have been used by, or are available to, the applicant agency; and

                 (v)    how much the use of such methods would be likely to assist in connection with the investigation by the applicant agency of the *offence/*offences; and

                (vi)    how much the use of such methods would be likely to prejudice the investigation by the applicant agency of the *offence/*offences, whether because of delay or for any other reason.

*(3)  I am satisfied that:

*there are no other practicable methods available to the applicant agency at the time of making the application to identify the telecommunications services used, or likely to be used, by the named person.

*interception of communications made to or from a telecommunications service used or likely to be used by the named person would not otherwise be practicable.

[Complete subclause (3) in a case in which subparagraph 46A (1) (d) (ii) of the Act applies]

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant may be exercised by an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3              Period for which warrant is in force

*(1)  Under subsection 54 (1) of the Act, this warrant does not come into force until:

     (a)       in any case, a copy of the warrant; or

     (b)       in the case of a warrant issued on a telephone application, a notification under paragraph 53 (1) (b) of the Act of the issue of the warrant;

is received by or on behalf of the Commissioner of Police.

[Include the above subclause if the warrant is issued to an agency other than the Australian Federal Police]

*(1)  Under subsection 54 (2) of the Act, this warrant comes into force when it is issued.

[Include the above subclause if the warrant is issued to the Australian Federal Police]

(2)  This warrant is in force until [specify date not more than 90 days away].

*4            Conditions

Interceptions under this warrant are subject to the following conditions:

[details of conditions].

*5            Restrictions

*General

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

*Excluded services

This warrant does not authorise the interception of communications made to or from the following telecommunications services:

[details and location of service(s)].

 

Dated

…………………………………..

*Judge/*nominated AAT member

*   Omit if not applicable

Form 5        Warrant for entry on premises and interception of communications

Commonwealth of Australia

Telecommunications (Interception and Access) Act 1979

WARRANT FOR ENTRY ON PREMISES AND INTERCEPTION OF COMMUNICATIONS

 

Premises

[description and location of premises, including business name, operating name, other known names and other known identifying information]

Telecommunications service

[number assigned to the service; any other known unique identifying factors]

Particular person

[full known name, other known names, other known identifying information (eg date of birth)]

Applicant agency

[name]

1              Authorisation

(1)  I, [name], *an eligible Judge/*a nominated AAT member within the meaning of the Telecommunications (Interception and Access) Act 1979 (the Act), acting under section 48 of the Act, authorise:

     (a)       entry on the premises mentioned above in order to install, maintain, use or recover equipment or a line used in the interception of communications being made to or from the telecommunications service mentioned above; and

     (b)       interceptions of such communications by the use of that equipment or line.

(2)  This warrant authorises:

     (a)       entry on the premises:

                  (i)    *at any time of the day or night/*during the hours of [specify hours during which entry on the premises is authorised], for the purposes mentioned in paragraph (1) (a); and

                *(ii)    without permission first being sought or demand first being made; and

    *(b)       the following measures, that I am satisfied are necessary and reasonable for those purposes:

                [specify measures authorised to be taken].

(3)  I am satisfied:

     (a)       that subsection 48 (2) of the Act has been complied with in relation to the application for this warrant; and

     (b)       on the basis of the information given to me by the applicant agency, that:

                  (i)    section 46 of the Act would empower me to issue a warrant if the application had been made under that section; and

                 (ii)    Division 3 of Part 2-5 of the Act has been complied with in relation to this application; and

                 (iii)    information that would be likely to be obtained by intercepting, under a warrant, communications made to or from the service, would be likely to assist in connection with the investigation by the applicant agency of the following *serious offence/*serious offences, in which

                         *the particular person mentioned above is involved:

                         *another person is involved, with whom the particular person mentioned above is likely to communicate using the service:

                         [short particulars of the serious offence or serious offences]; and

     (c)       on the basis of the information given to me by the applicant agency, that it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by the use of equipment or a line installed on those premises:

                *for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part.

                 *because, if the warrant were issued under section 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system and execution of the warrant as a result of action taken by employees of that carrier might jeopardise the security of the investigation, by the applicant agency, of a serious offence in which a person to whom the application relates is involved.

2              Persons who may exercise this authority

Under subsection 55 (1) of the Act, the authority conferred by this warrant applies to an officer or staff member of the applicant agency, or another agency, in relation to whom an approval under subsection 55 (3) of the Act is in force in relation to the warrant, or to the class of warrants to which it belongs.

3              Period for which warrant is in force

(1)  Under subsection 54 (2) of the Act, this warrant comes into force when it is issued.

(2)  This warrant is in force until [specify date].

[specify a date that is:

(a)     if subparagraph 46 (1) (d) (ii) of the Act would apply if the application had been made under section 46 of the Act — not more than 45 days away; or

(b)     otherwise — not more than 90 days away]

*4            Conditions

Interceptions under this warrant are subject to the following conditions:

[details of conditions].

*5            Restrictions

Interceptions under this warrant are subject to the following restrictions:

[details of restrictions].

Dated

…………………………………..

*Judge/*nominated AAT member

*   Omit if not applicable


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.