Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS (AMENDMENT) 1994 NO. 5

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 5

Issued by the authority of the Attorney-General

Telecommunications (Interception) Act 1979

Telecommunications (Interception) Regulations (Amendment)

The Telecommunications (Interception) Regulations (the principal regulations) prescribe the forms of judicial warrant authorising the interception of communications for law enforcement purposes under the Telecommunications (Interception) Act 1979 (the Act). The Telecommunications (Interception) Amendment Act 1993 (the 1993 Act) amends the Act to provide, among other things, that each law enforcement agency participating in the interception scheme shall execute its own interception warrants, under the general supervisory control of the Australian Federal Police. Under present arrangements, the Australian Federal Police executes all interception warrants issued for law enforcement purposes on behalf of the other agencies. The 1993 Act also deletes obsolete provisions of the Act such as those dealing with the interception of telegrams.

The principal regulations are based on the premise that only duly authorised members of the Australian Federal Police may execute interception warrants and therefore require amendment. The Telecommunications (Interception) Regulations (Amendment) amend the forms of warrant to reflect the changes made by the 1993 Act, to correct changed cross-references to the Act and to delete obsolete provisions dealing with the interception of telegrams.

Details of the regulations are attached.

The regulations commence on the same day the provisions listed in subsection 2(2) of the 1993 Act are proclaimed to come into effect (1 February 1994).

DETAILS OF THE TELECOMMUNICATIONS (INTERCEPTION) REGULATIONS (AMENDMENT)

Regulation 1: Commencement

This regulation specifies that the proposed regulations commence on the commencement of those provisions listed in subsection 2(2) of the 1993 Act (1 February 1994).

Regulation 2: Amendment

This regulation gives effect to the amendments.

Regulation 3: (Warrants) and Regulation 4: (Schedules 1 and 2):

These regulations delete subregulations 3(1) and 3(2) and Schedules 1 and 2 of the principal regulations that specify the form of warrants relating to sections 20A and 20B of the Act (interception of telegrams for law enforcement purposes). Those sections of the Act have been repealed because the telegram service no longer exists and consequently the corresponding subregulations and Schedules are redundant.

Regulation 5: Schedule 3 (Warrant under section 45 for the interception of communications)

Regulation 5 amends Schedule 3 of the principal regulations (form of warrants for class 1 offences) by deleting a reference to members of the Australian Federal Police approved under subsection 55(2) of the Act and substituting a reference to officers/members/staff members of the law enforcement agency seeking the warrant approved under subsection 55(3) of the Act. The revisions reflect the amendments to the Act under which the agency that sought an interception warrant will also execute it.

The regulation also makes other changes in expression to simplify the warrant without affecting its substance.

Regulation 6: Schedule 4 (Warrant under section 46 for the interception of communications)

Regulation 6 makes the same changes to Schedule 4 of the principal regulations (form of warrant for class 2 offences) as are made to Schedule 3.

Regulation 7: Schedule 5 (Warrant under section 48 for entry on premises and interception of communications)

This regulation amends a cross-reference to a provision of the Act resulting from amendments made by the 1993 Act.


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