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TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 !!!The following amendments (No. 152, 2005 and No. 40, 2006 and No. 86, 2006) have not been incorporated. - List of Sections

Section

Compilation Information

Long Title

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
4. Application
4A. Application of the Criminal Code
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part IA—Interpretation

5. Interpretation
5AA. Eligible Commonwealth authority declarations
5A. Communicating etc. certain information
5B. Exempt proceedings
5C. Information or question relevant to inspection by Ombudsman
5D. Class 2 offences
6. Interception of a communication
6A. Investigation of an offence
6B. Involvement in an offence
6C. Issue of warrant to agency or eligible authority
6D. Judges
6DA. Nominated AAT members may issue Part VI warrants
6E. Lawfully obtained information
6EA. Designated warrant information
6F. Offences
6G. Officer of the Commonwealth, of a State or of a Territory
6H. Person to whom application relates
6J. Proceeding by way of a prosecution for an offence
6K. Proceeding for confiscation or forfeiture or for pecuniary penalty
6L. Relevant proceeding
6M. Terminating the appointment of an officer
6N. Declaration of staff members of State Police Forces
6P. Identification of service
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part II—Interception of telecommunications

7. Telecommunications not to be intercepted
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part III—Warrants authorising the Organisation to intercept
telecommunications

9. Issue of telecommunications service warrants by Attorney-General
9A. Issue of named person warrants by Attorney-General
9B. Provisions applying to warrants issued under section 9 or 9A
10. Issue of warrant by Director-General of Security in emergency for Organisation to intercept telecommunications
11A. Telecommunications service warrant for collection of foreign intelligence
11B. Named person warrant for collection of foreign intelligence
11C. Foreign communications warrant for collection of foreign intelligence
11D. Provisions applying to foreign intelligence warrants
12. Persons authorised to intercept communications for Organisation
13. Discontinuance of interception before expiration of warrant
14. Certain records retained by Organisation to be destroyed
15. How warrants etc. to be dealt with
16. Additional requirements for named person warrants
17. Reports to be made to Attorney-General on results of interception
18. Evidentiary certificates
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part V—Emergency requests authorising officers of a carrier to
intercept telecommunications

30. Emergency requests
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part VI—Warrants authorising agencies to intercept
telecommunications

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 1—Telecommunications Interception Division of the
Australian Federal Police


32. Constitution
33. Functions
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 2—Declaration of State Law Enforcement Authorities
as Agencies


34. Declaration of an eligible authority of a State as an agency
35. Preconditions for declaration
36. Disallowance of declaration
37. Revocation of declaration
38. Effect of revocation
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 3—Applications for warrants


39. Agency may apply for warrant
40. Form of application
41. Contents of application
42. Affidavit to accompany written application
43. Information to be given on telephone application
44. Giving further information to Judge
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 4—Warrants


45. Issue of telecommunications service warrant in relation to class 1 offence
45A. Issue of named person warrant in relation to class 1 offence
46. Issue of telecommunications service warrant in relation to class 2 offence
46A. Issue of named person warrant in relation to class 2 offence
47. Limit on authority conferred by warrant
48. Issue of warrant for entry on premises
49. Form and content of warrant
50. Issue of warrant on telephone application
51. Action by agency after warrant issued on telephone application
52. Judge or nominated AAT member may revoke warrant where section 51 contravened
53. Notification to Australian Federal Police of issue of warrants to other agencies
54. Entry into force of certain warrants
55. Exercise of authority conferred by warrant
56. Revocation of warrant issued to Australian Federal Police
57. Revocation of warrant by chief officer of other agency
58. Discontinuance of interceptions under certain warrants
59. When revocation of certain warrants takes effect
60. Notification to Managing Director of carrier of issue or revocation of certain warrants
61. Evidentiary certificates
61A. Certified copy of warrant
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part VII—Dealing with intercepted information

62. Application of Part
63. No dealing in intercepted information or designated warrant information
63AA. Dealing in designated warrant information for the purposes of Part III, VI, VIII or IX
63A. Dealing in connection with existing proceeding
63B. Dealing in information by employees of carriers
64. Dealing in connection with Organisation's functions
65. Communicating information obtained by Organisation
65A. Employee of carrier may communicate information to agency
66. Interceptor may communicate to agency to which warrant was issued
67. Dealing for permitted purpose in relation to agency
68. Chief officer may communicate information obtained by agency
69. State authority may ask not to receive information under section 68
70. Communicating information obtained by interception under Part V
71. Dealing with information where interception suspected to be unlawful
72. Making record for purpose of permitted communication
73. Further dealing by recipient of certain information
74. Giving information in evidence in exempt proceeding
75. Giving information in evidence where defect in connection with warrant
75A. Evidence that has been given in exempt proceeding
76. Giving information in evidence in criminal proceedings under this Act
76A. Giving information in evidence in civil proceedings for remedial relief
77. Intercepted material and designated warrant information inadmissible except as provided
78. Where evidence otherwise inadmissible
79. Destruction of restricted records
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part VIII—Keeping and inspection of interception records of
Commonwealth agencies

80. Commonwealth agencies to keep documents connected with issue of warrants
81. Other records to be kept by Commonwealth agencies in connection with interceptions
81A. General Register of Warrants
81B. Regular submission of General Register to Minister
81C. Special Register of Warrants
81D. Regular submission of Special Register to Minister
81E. Provision of information by eligible authorities
82. Functions of Ombudsman
83. Inspections
84. Reports
85. Ombudsman may report on other breaches of this Act
86. Ombudsman's general powers
87. Power to obtain relevant information
88. Ombudsman to be given information and access notwithstanding other laws
89. Dealing with information for the purposes of inspection and report
90. Ombudsman not to be sued
91. Delegation by Ombudsman
92. Application of Ombudsman Act
92A. Exchange of information between Ombudsman and State inspecting authorities
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part IX—Reports about interceptions under Parts V and VI

TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 1—Reports to the Minister


93. Annual reports to Minister about interceptions under Part V
94. Annual reports regarding applications and warrants under Part VI
94A. Reports regarding emergency interception action
94B. Reports regarding named person warrants
95. Minister may seek further information from Commonwealth agency
96. Annual reports by State authorities
97. Reports by Managing Directors about acts done in connection with certain warrants under Part VI
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 2—Reports by the Minister


99. Annual report by Minister about warrants under Part VI
100. Report to set out how many applications made and warrants issued
101. Report to contain particulars about duration of warrants
102. Report to contain information about effectiveness of warrants
102A. Report regarding interceptions without warrant
103. Other information to be included in report
103A. Annual report for 1999-2000
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Division 3—Provisions about annual reports


104. Annual reports
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part X—Offences

105. Contravention of section 7 or 63
106. Obstruction
107. Offences relating to inspections under Part VIII
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part XA—Civil remedies

107A. Civil remedies—unlawful interception or communication
107B. Limitation periods etc.
107C. No limitation on other liability
107D. Concurrent operation of State and Territory laws
107E. State or Territory courts—jurisdictional limits
107F. Extended meaning of conviction —orders under section 19B of the Crimes Act 1914
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Part XI—Regulations

108. Regulations
TELECOMMUNICATIONS (INTERCEPTION) ACT 1979
Notes to the Telecommunications (Interception) Act 1979

Table A

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