Scribd
Upload
20 views

Makalah Chaterina Smith

This document summarizes Australia's Telecommunications (Interception and Access) Act 1979, which governs telecommunications interception and access to communications data. It outlines the roles of the Attorney-General and Attorney-General's Department in administering the Act and overseeing warrants, accountability measures, and ensuring the Act addresses new technologies. The Act allows for interception warrants, stored communications warrants, and access to telecommunications data for law enforcement purposes, subject to oversight and restrictions.

Uploaded by

Cello Ferdinand 2017
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
20 views

Makalah Chaterina Smith

This document summarizes Australia's Telecommunications (Interception and Access) Act 1979, which governs telecommunications interception and access to communications data. It outlines the roles of the Attorney-General and Attorney-General's Department in administering the Act and overseeing warrants, accountability measures, and ensuring the Act addresses new technologies. The Act allows for interception warrants, stored communications warrants, and access to telecommunications data for law enforcement purposes, subject to oversight and restrictions.

Uploaded by

Cello Ferdinand 2017
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 26

Achieving a just and secure society

Australian Regime for


Telecommunications Interception

Catherine Smith
Australian Attorney-General’s Department
The presentation will cover
 Telecommunications (Interception and
Access) Act 1979
 Role of the Attorney-General
 Role of the Attorney-General’s Department
Scope of the Telecommunications
(Interception and Access) Act 1979
 The Act prohibits listening to or recording, without
knowledge of the parties, a communication while in its
passage over a telecommunications system.
 The Act also provides for the regime to access
1. real time communications whether voice or data
2. stored communications held on equipment operated and in
possession of a carrier
3. call data held by a carrier or carriage service provider
Telecommunications Interception Warrant
Who may apply
 Federal, State and Territory Police Forces
and Anti-corruption Bodies
Issuing authorities
 Applications can be made to a Judge or
nominated Administrative Appeal Tribunal
Member
Types of Interception Warrants
 Telecommunications service

 B-Party

 Named person – service or device based

 Authorising entry onto premises


Interception Warrant Considerations

 The investigation of a serious offence


 How much the privacy of any person would
likely be interfered with
 How much the use of such methods would
be likely to assist the investigation
 That alternative methods of investigation
have been tried
Duration of Warrants
 Interception warrants - 90 day limit
 B-party Interception warrants - 45 days
 Warrants should be revoked once reason for
warrant has expired
 Warrant may be renewed for further 90 or
45days
Lawfully Intercepted Information
 The Act controls the use of lawfully
obtained interception material.
 General prohibition on any dealings with
intercepted material
 Dealings are limited to the purposes of the
TIA Act
 Some exceptions
Stored communications warrant
Who can apply for stored communications
warrants
 Interception agencies and agencies that enforce
laws with pecuniary penalties may apply
Issuing authorities
Applications can be made to a Judge or
nominated Administrative Appeal Tribunal
Member and a State Magistrate
Stored communications warrant cont..
 The investigation of serious offence or
other offence punishable by
imprisonment for at least 3 years or
equivalent monetary penalty
Stored communications warrants cont.
 Only one type of warrant
 Stored communications warrants authorise
access to any existing data
 Renewals for stored communications
warrants can not be issued within 3 days of
last warrant being executed
Evidentiary Certificates
 Used for Interception and Stored
communications warrants.
 Issued by carriers and agencies
relate to acts or things done by employees of a
carrier or of an interception agency in relation to
the execution of a warrant
 Carrier certificates are conclusive evidence
 Agency certificates are prima facie evidence
Telecommunications Data

 Telecommunications Data can be any non


content data including:
Subscriber information
Number, date and time and duration of a
communication
Location based information
Internet protocol (IP) addresses
Purposes for disclosure of
Telecommunications Data?

 Imposing a pecuniary penalty


 The protection of the public revenue
 Enforcement of the criminal law
Types of disclosure
 Voluntary disclosure
 Authorisations
– to disclose existing information
– to disclose prospective information or
documents
Accountability under the Act
 The Act has a comprehensive accountability
regime including:
Recordkeeping
Reporting on effectiveness of each warrant
Annual reporting on statistical basis for
warrants and authorisations published annually
 Independent inspection by Ombudsman
Role of Attorney-General
 Administers the Interception legislation
 May declare an agency to have intercept powers
 Appoints issuing authorities for issuing warrants
 Quarterly inspection of General and Special
Registers
 Reports annually to the Parliament on all details
relating to interception
Role of the Department
• Ensure that the Act can meet the challenges
of new and emerging technologies
• Review all Interception warrants for
compliance
• Provide education and outreach on the
application of the Act
• Support the role of the Communications
Access Co-ordinator
Ensure that the Act can meet the
challenges of new and emerging
technologies
 Constantly review the Act
 Prepare policy initiatives
 Prepare legislation for passage through
Parliament
 Consult with Industry
Review all Interception warrants for
compliance
 Receive and review all interception
warrants
 Prepare annual reporting
 Prepare registers on warrants
 Provide advice on appropriateness of
warrants
Provide education and outreach on the
application of the Act
• Outreach Program to all of industry
• Regular meetings with agencies and
industry
• Fact sheets and information on law and
policy
Support the role of the
Communications Access Co-ordinator
• The Communications Access Co-ordinator is the central
point of contact for agencies and industry on interception
matters
– “an act done by or in relation to the Communications Access Co-
ordinator is taken to be an act done by or in relation to the Co-
ordinator on behalf of all the interception agencies…”

– This definition applies to the decisions taken on applications for


exemption and interception capability plans
Communications Access Co-ordinator

• Interception Capability Plan

• Exemption Applications

• Carrier Licence Applications


Communications Access Co-ordinator
• Ensure that all carriers have interception
capability
• Oversee the ongoing effectiveness of
telecommunications interception
• Make determinations in respect to delivery
capability which the carries must comply
Questions?
Achieving a just and secure society

Terima kasih

Telecommunications and Surveillance Law Branch


Attorney-General’s Department

You might also like