Commonwealth: Telecommunications (Interception and Access) Act 1979 (Cth)

Telecommunications (Interception and Access) Act 1979 No. 114, 1979 Compilation No. 128 Compilation date: 25 October 2024 Includes amendments: Act No. 93, 2024 About this compilation This compilation This is a compilation of the Telecommunications (Interception and Access) Act 1979 that shows the text of the law as amended and in force on 25 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction Part 1‑1—Preliminary 1 Short title 2 Commencement 4 Act binds the Crown 4A Application of the Criminal Code 4B Application to Norfolk Island Part 1‑2—Interpretation 5 Interpretation 5AA Eligible Commonwealth authority declarations 5AB Authorised officers 5AC Authorisation of certifying officers 5AD Authorisation of certifying person 5AE Authorisation of members of the staff of a Commonwealth Royal Commission 5A Communicating etc. certain information 5B Exempt proceedings 5C Information or question relevant to inspection by Ombudsman 5D Serious offences 5E Serious contraventions 5F When a communication is passing over a telecommunications system 5G The intended recipient of a communication 5H When a communication is accessible to the intended recipient 6 Interception of a communication 6AAA When a computer network is appropriately used by an employee etc. of a Commonwealth agency etc. 6AA Accessing a stored communication 6A Investigation of an offence 6B Involvement in an offence 6C Issue of warrant to agency or eligible authority 6D Judges 6DA Nominated ART members 6DB Issuing authorities 6DC Part 4‑1 issuing authorities 6E Lawfully intercepted information 6EA Interception warrant information 6EAA Preservation notice information 6EB Stored communications 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 6Q Identification of telecommunications device 6R Communications Access Coordinator 6S Permitted purposes—integrity purposes 6T When a Part 5.3 supervisory order is taken to be in force 6U Succeeding Part 5.3 supervisory orders 6UA When a community safety supervision order is taken to be in force 6UB Succeeding community safety supervision orders 6V Substitution of references to the Attorney‑General Chapter 2—Interception of telecommunications Part 2‑1—Prohibition on interception of telecommunications 7 Telecommunications not to be intercepted Part 2‑2—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 Part 2‑3—Emergency requests authorising officers of a carrier to intercept telecommunications 30 Emergency requests Part 2‑4—Authorisation of interception for developing and testing interception capabilities 31 Applications for authorisation 31A Attorney‑General may authorise interception for developing and testing interception capabilities 31AA Carrier to be notified of authorisation etc. 31B Authorisation of employees of a security authority 31C Destruction of records 31D Reports to the Attorney‑General 31E Employees of security authorities Part 2‑5—Warrants authorising agencies to intercept telecommunications 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 State laws requiring copies of documents to be given to responsible Minister 37 Revocation of declaration 38 Effect of revocation 38A Agencies authorised to apply for Part 5.3 warrants 38B Agencies authorised to apply for Part 9.10 warrants 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 44A Application by interception agency of Victoria 45 Application by interception agency of Queensland 45A State law not affected Division 4—Warrants 46 Issue of telecommunications service warrant 46A Issue of named person warrant 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 ART member may revoke warrant where section 51 contravened 54 Entry into force of warrants 55 Exercise of authority conferred by warrant 57 Revocation of warrant by chief officer 58 Discontinuance of interceptions under certain warrants 59 When revocation of certain warrants takes effect 59A Notification to Secretary of the Department 59B Notification to Ombudsman by Commonwealth agencies in relation to Part 5.3 warrants 59C Notification to Ombudsman by Commonwealth agencies in relation to Part 9.10 warrants 60 Notification to authorised representative of carrier of issue or revocation of certain warrants 61 Evidentiary certificates 61A Certified copy of warrant Part 2‑6—Dealing with intercepted information etc. 62 Application of Part 63 No dealing in intercepted information or interception warrant information 63AA Dealing in interception warrant information for the purposes of Part 2‑2, 2‑5, 2‑7 or 2‑8 63AB Dealing in general computer access intercept information etc. 63AC Dealing in ASIO computer access intercept information etc. 63AD Dealing in data disruption intercept information etc. 63AE Dealing in network activity warrant intercept information etc. 63A Dealing in connection with existing proceeding 63B Dealing in information by employees of carriers 63C Dealing in information for network protection purposes etc. 63D Dealing in information for disciplinary purposes 63E Responsible person for a computer network may communicate information to an agency 64 Dealing in connection with Organisation's functions 64A Dealing in connection with Inspector‑General's functions 65 Dealing in information obtained by Organisation 65A Employee of carrier may communicate information to agency 66 Interceptor may communicate to officer who applied for warrant or authorised person 67 Dealing for permitted purposes 68 Chief officer may communicate information obtained by agency 68A Communicating information obtained by the Secretary of the Attorney‑General's Department 69 State authority may ask not to receive information under section 68 70 Communicating information obtained by interception under Part 2‑3 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 interception warrant information inadmissible except as provided 78 Where evidence otherwise inadmissible 79 Destruction of restricted records that are not likely to be required for a permitted purpose 79AA Destruction of restricted records—information obtained before a Part 5.3 supervisory order came into force 79AB Destruction of restricted records—information obtained before a community safety supervision order came into force 79A Responsible person for a computer network must ensure restricted records are destroyed Part 2‑7—Keeping and inspection of interception records 80 Commonwealth agencies to keep documents connected with issue of warrants 81 Other records to be kept by Commonwealth agencies in connection with interceptions 81AA Organisation to record particulars in relation to eligible authorities of a State 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 83 Inspections 84 Reports 85 Ombudsman may report on other breaches of this Act 85A Annual report may cover notified breaches in relation to Part 5.3 warrants 85B Annual report may cover notified breaches in relation to Part 9.10 warrants 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 Part 2‑8—Reports about interceptions under Parts 2‑3 and 2‑5 Division 1—Reports to the Minister 93 Annual reports to Minister about interceptions under Part 2‑3 94 Annual reports regarding applications and warrants under Part 2‑5 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 2‑5 Division 2—Reports by the Minister 99 Annual report by Minister about warrants under Part 2‑5 100 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 102B Report regarding international requests 103 Other information to be included in report 103B Deferral of inclusion of information in report Division 3—Provisions about annual reports 104 Annual reports Part 2‑9—Offences 105 Contravention of section 7 or 63 106 Obstruction 107 Offences relating to inspections under Part 2‑7 Part 2‑10—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 Chapter 3—Preserving and accessing stored communications Part 3‑1A—Preserving stored communications Division 1—Outline of this Part 107G Outline of this Part Division 2—Domestic preservation notices 107H Domestic preservation notices 107J Conditions for giving domestic preservation notices 107K When a domestic preservation notice is in force 107L Revoking a domestic preservation notice 107M Persons who act on the issuing agency's behalf Division 3—Foreign preservation notices 107N When a foreign preservation notice can be given 107P Condition for giving a foreign preservation notice 107Q When a foreign preservation notice is in force 107R Revoking a foreign preservation notice 107S Persons who act on the AFP's behalf Division 4—Provisions relating to preservation notices 107T Evidentiary certificates relating to actions by carriers 107U Evidentiary certificates relating to actions by issuing agencies 107V Certified copies of preservation notices 107W How notices are to be given to carriers Part 3‑1—Prohibition on access to stored communications 108 Stored communications not to be accessed Part 3‑2—Access by the Organisation to stored communications 109 Access to stored communications under Part 2‑2 warrants Part 3‑3—Access by criminal law‑enforcement agencies to stored communications Division 1—Applications for warrants 110 Criminal law‑enforcement agencies may apply for stored communications warrants 110A Meaning of criminal law‑enforcement agency 110B Declarations in relation to the Immigration and Border Protection Department 111 Form of applications 112 Contents of written applications 113 Affidavits to accompany written applications 114 Information to be given on telephone applications 115 Giving further information to Judge Division 2—Issuing of warrants 116 Issuing of stored communications warrants 117 What stored communications warrants authorise 118 Form and content of stored communications warrants 119 Duration of stored communications warrants Division 3—How warrants etc. are dealt with 120 Stored communications warrants issued on telephone applications 121 What happens when stored communications warrants are issued 122 Revocation of stored communications warrants by chief officers 123 What happens when stored communications warrants are revoked 124 Access to additional telecommunications services under stored communications warrants Division 4—Provisions relating to execution of warrants 125 Entry into force of stored communications warrants 126 Limit on authority conferred by warrant 127 Exercise of authority conferred by warrant 128 Provision of technical assistance 129 Evidentiary certificates relating to actions by carriers 130 Evidentiary certificates relating to actions by criminal law‑enforcement agencies 131 Certified copies of stored communications warrants 132 Obstruction Part 3‑4—Dealing with accessed information etc. Division 1—Prohibition on dealing with accessed information etc. 133 No dealing with accessed information etc. Division 2—Permitted dealings with accessed information 134 Dealing in preservation notice information or stored communications warrant information 135 Dealing in information by employees of carriers 136 Dealing in connection with Organisation's functions 137 Dealing in information obtained by Organisation 138 Employee of carrier may communicate information to criminal law‑enforcement agency 139 Dealing for purposes of investigation etc. 139AA Dealing in connection with Inspector‑General's functions 139A Dealing for integrity purposes 139B Dealing for purposes relating to Part 5.3 orders or Part 9.10 orders 140 Dealing with information if access suspected to be unlawful 141 Making record for purpose of permitted communication 142 Further dealing by recipient of certain information 142A Communicating information obtained as a result of an international assistance application 143 Giving information in evidence in exempt proceeding 144 Giving information in evidence if communication unlawfully accessed 145 Evidence that has been given in exempt proceeding 146 Giving information in evidence in civil proceedings for remedial relief Division 3—Admissibility of evidence 147 Accessed material inadmissible except as provided 148 Stored communications warrant information inadmissible except as provided 149 Evidence that is otherwise inadmissible Division 4—Destruction of records 150 Destruction of records Part 3‑5—Keeping and inspection of records Division 1—Obligation to keep records 151 Obligation to keep records Division 3—Inspection of preservation notice records by Inspector‑General of Intelligence and Security 158A Functions of the Inspector‑General of Intelligence and Security Part 3‑6—Reports about access to stored communications Division 1—Reports to the Minister 159 Annual reports regarding applications and warrants under Part 3‑3 160 Minister may seek further information from Commonwealth agency Division 2—Reports by the Minister 161 Annual report by Minister about stored communications warrants 161A Report to contain information about preservation notices 162 Report to set out how many applications made and warrants issued 163 Report to contain information about effectiveness of warrants 163A Report regarding international requests Division 3—Provisions about annual reports 164 Annual reports Part 3‑7—Civil remedies 165 Civil remedies—unlawful access or communication 166 Limitation periods etc. 167 No limitation on other liability 168 Concurrent operation of State and Territory laws 169 State or Territory courts—jurisdictional limits 170 Extended meaning of conviction—orders under section 19B of the Crimes Act 1914 Chapter 4—Access to telecommunications data Part 4‑1—Permitted access to telecommunications data Division 1—Outline of Part 171 Outline of Part Division 2—General provisions 172 No disclosure of the contents or substance of a communication 173 Effect of Divisions 3 to 5 Division 3—The Organisation 174 Voluntary disclosure 175 Authorisations for access to existing information or documents 176 Authorisations for access to prospective information or documents Division 4—Enforcement agencies 176A Meaning of enforcement agency 177 Voluntary disclosure 178 Authorisations for access to existing information or documents—enforcement of the criminal law 178A Authorisations for access to existing information or documents—locating missing persons 179 Authorisations for access to existing information or documents—enforcement of a law imposing a pecuniary penalty or protection of the public revenue 180 Authorisations for access to prospective information or documents Division 4A—Foreign law enforcement Subdivision A—Primary disclosures 180A Authorisations for access to existing information or documents—enforcing foreign or international laws 180B Authorisations for access to prospective information or documents—enforcing international laws Subdivision B—Secondary disclosures 180C Authorisations to disclose information or documents—enforcing foreign or international laws 180D Authorisations to disclose information or documents—enforcement of the criminal law Subdivision C—Conditions of disclosure to foreign law enforcement agencies 180E Disclosing information etc. to foreign countries or foreign law enforcement agencies Division 4B—Privacy to be considered when making authorisations 180F Authorised officers to consider privacy Division 4C—Journalist information warrants Subdivision A—The requirement for journalist information warrants 180G The Organisation 180H Enforcement agencies Subdivision B—Issuing journalist information warrants to the Organisation 180J Requesting a journalist information warrant 180K Further information 180L Issuing a journalist information warrant 180M Issuing a journalist information warrant in an emergency 180N Duration of a journalist information warrant 180P Discontinuance of authorisations before expiry of a journalist information warrant Subdivision C—Issuing journalist information warrants to enforcement agencies 180Q Enforcement agency may apply for a journalist information warrant 180R Further information 180S Oaths and affirmations 180T Issuing a journalist information warrant 180U Form and content of a journalist information warrant 180V Entry into force of a journalist information warrant 180W Revocation of a journalist information warrant by chief officer Subdivision D—Miscellaneous 180X Public Interest Advocates Division 5—Uses of telecommunications data connected with provision of access 181 Uses of telecommunications data connected with provision of access Division 6—Disclosure/use offences 181A Disclosure/use offences: authorisations under Division 3 181B Disclosure/use offences: certain authorisations under Division 4 182 Secondary disclosure/use offence: disclosures under Division 4 182A Disclosure/use offences: journalist information warrants 182B Permitted disclosure or use: journalist information warrants Part 4‑2—Procedural requirements relating to authorisations 183 Form of authorisations and notifications 184 Notification of authorisations or revocations 185 Retention of authorisations 185A Evidentiary certificates relating to acts by carriers 185B Evidentiary certificates relating to acts by the Organisation 185C Evidentiary certificates relating to acts by enforcement agencies 185D Notification etc. of authorisations intended to identify media sources 185E Reports on access to retained data 186 Report to Minister 186A Obligation to keep records Chapter 4A—Oversight by the Commonwealth Ombudsman 186B Inspection of records 186C Power to obtain relevant information 186D Ombudsman to be given information and access despite other laws 186E Application of Ombudsman Act 186F Exchange of information between Ombudsman and State inspecting authorities 186G Delegation by Ombudsman 186H Ombudsman not to be sued 186J Reports Chapter 5—Co‑operation with agencies Part 5‑1—Definitions 187 Definitions Part 5‑1A—Data retention Division 1—Obligation to keep information and documents 187A Service providers must keep certain information and documents 187AA Information to be kept 187B Certain service providers not covered by this Part 187BA Ensuring the confidentiality of information 187C Period for keeping information and documents Division 2—Data retention implementation plans 187D Effect of data retention implementation plans 187E Applying for approval of data retention implementation plans 187F Approval of data retention implementation plans 187G Consultation with agencies and the ACMA 187H When data retention implementation plans are in force 187J Amending data retention implementation plans Division 3—Exemptions 187K Communications Access Coordinator may grant exemptions or variations 187KA Review of exemption or variation decisions Division 4—Miscellaneous 187KB Commonwealth may make a grant of financial assistance to service providers 187L Confidentiality of applications 187LA Application of the Privacy Act 1988 187M Pecuniary penalties and infringement notices 187N Review of operation of this Part 187P Annual reports Part 5‑2—Delivery points 188 Delivery points Part 5‑3—Interception capability Division 1—Obligations 189 Minister may make determinations 190 Obligations of persons covered by a determination 191 Obligations of persons not covered by a determination in relation to a kind of telecommunications service Division 2—Exemptions 192 Communications Access Coordinator may grant exemptions 193 ACMA may grant exemptions for trial services Part 5‑4—Interception capability plans 195 Nature of an interception capability plan 196 Time for giving IC plans by carriers 197 Time for giving IC plans by nominated carriage service providers 198 Consideration of IC plans 199 Commencement of IC plans 200 Compliance with IC plans 201 Consequences of changed business plans 202 Confidential treatment of IC plans Part 5‑4A—Requirement arising from proposed changes 202A Purpose of Part 202B Carrier or provider to notify of proposed change 202C Communications Access Coordinator may notify agencies Part 5‑5—Delivery capability 203 Communications Access Coordinator may make determinations 204 Obligations of persons covered by a determination 205 Obligations of persons not covered by a determination in relation to a kind of telecommunications service Part 5‑6—Allocation of costs Division 1—Outline of Part 206 Outline of Part Division 2—Interception capability 207 Costs to be borne by the carriers Division 3—Delivery capability 208 Costs to be borne by the interception agencies 209 Working out costs of delivery capabilities 210 Examination of lower cost options 211 ACMA may require independent audit of costs Chapter 6—Miscellaneous Part 6‑1—Miscellaneous 298 Protection of persons—control order declared to be void 299 Dealing with information obtained under a warrant—control order declared to be void 299A Schedule 1 300 Regulations Schedule 1—International production orders Part 1—Introduction 1 Simplified outline of this Schedule 2 Definitions 3 Designated international agreement 3A Disallowance of regulations relating to designated international agreements 3B Statutory requirements certificate—designated international agreements 3C Australia's treaty‑making process 4 Message application service 5 Voice call application service 6 Video call application service 7 Storage/back‑up service 8 General electronic content service 9 When material is posted on a general electronic content service 10 Uploaded material 10A When a prescribed communications provider is based in, or operates in, a foreign country 11 Intended recipient of a communication 12 Use of a thing 13 Identification of a particular person 14 Eligible judge 15 Nominated ART member 16 Issuing authority 17 Nominated ART Intelligence and Security member 17A Urgent circumstances 18 Meaning of expressions in other provisions of this Act 19 Extra‑territorial application 20 Constitutional basis of this Schedule Part 2—International production orders relating to the enforcement of the criminal law Division 1—Introduction 21 Simplified outline of this Part Division 2—International production orders relating to interception: enforcement of the criminal law Subdivision A—Applications 22 Application for international production order—enforcement of the criminal law 23 Form of application 24 Contents of application 25 Affidavits to accompany written application 26 Information to be given on telephone application 27 Giving further information to eligible Judge or nominated ART member 28 Application by interception agency of Victoria 29 Application by interception agency of Queensland Subdivision B—International production orders relating to interception 30 Issue of international production order—enforcement of the criminal law 31 Content of international production order 32 Issue of further international production order Division 3—International production orders relating to stored communications: enforcement of the criminal law Subdivision A—Applications 33 Application for international production order—enforcement of the criminal law 34 Form of application 35 Contents of written application 36 Affidavits to accompany written application 37 Information to be given on telephone application 38 Giving further information to issuing authority Subdivision B—International production orders relating to stored communications 39 Issue of international production order—enforcement of the criminal law 40 Content of international production order 41 Issue of further international production order Division 4—International production orders relating to telecommunications data: enforcement of the criminal law Subdivision A—Applications 42 Application for international production order—enforcement of the criminal law 43 Form of application 44 Contents of written application 45 Affidavits to accompany written application 46 Information to be given on telephone application 47 Giving further information to issuing authority Subdivision B—International production orders relating to telecommunications data 48 Issue of international production order—enforcement of the criminal law 49 Content of international production order 50 Issue of further international production order Part 3—International production orders relating to Part 5.3 supervisory orders Division 1—Introduction 51 Simplified outline of this Part Division 2—International production orders relating to interception: Part 5.3 supervisory orders Subdivision A—Applications 52 Application for international production order—Part 5.3 supervisory order 53 Form of application 54 Contents of application 55 Affidavits to accompany written application 56 Information to be given on telephone application 57 Giving further information to eligible Judge or nominated ART member 58 Application by Part 5.3 IPO agency of Victoria 59 Application by Part 5.3 IPO agency of Queensland Subdivision B—International production orders relating to interception 60 Issue of international production order—Part 5.3 supervisory order 61 Content of international production order 62 Issue of further international production order Division 3—International production orders relating to stored communications: Part 5.3 supervisory orders Subdivision A—Applications 63 Application for international production order—Part 5.3 supervisory order 64 Form of application 65 Contents of written application 66 Affidavits to accompany written application 67 Information to be given on telephone application 68 Giving further information to issuing authority Subdivision B—International production orders relating to stored communications 69 Issue of international production order—Part 5.3 supervisory order 70 Content of international production order 71 Issue of further international production order Division 4—International production orders relating to telecommunications data: Part 5.3 supervisory orders Subdivision A—Applications 72 Application for international production order—Part 5.3 supervisory order 73 Form of application 74 Contents of written application 75 Affidavits to accompany written application 76 Information to be given on telephone application 77 Giving further information to issuing authority Subdivision B—International production orders relating to telecommunications data 78 Issue of international production order—Part 5.3 supervisory order 79 Content of international production order 80 Issue of further international production order Division 5—Notification to Ombudsman by Part 5.3 IPO agencies in relation to international production orders 81 Notification to Ombudsman by Part 5.3 IPO agencies in relation to international production orders Part 4—International production orders relating to national security Division 1—Introduction 82 Simplified outline of this Part Division 2—International production orders relating to interception: national security Subdivision A—Applications 83 Application for international production order—national security 84 Form of application 85 Contents of application 86 Affidavits to accompany written application 87 Information to be given on telephone application 88 Giving further information to nominated ART Intelligence and Security member Subdivision B—International production orders relating to interception 89 Issue of international production order—national security 90 Content of international production order 91 Issue of further international production order Division 3—International production orders relating to stored communications: national security Subdivision A—Applications 92 Application for international production order—national security 93 Form of application 94 Contents of written application 95 Affidavits to accompany written application 96 Information to be given on telephone application 97 Giving further information to nominated ART Intelligence and Security member Subdivision B—International production orders relating to stored communications 98 Issue of international production order—national security 99 Content of international production order 100 Issue of further international production order Division 4—International production orders relating to telecommunications data: national security Subdivision A—Applications 101 Application for international production order—national security 102 Form of application 103 Contents of written application 104 Affidavits to accompany written application 105 Information to be given on telephone application 106 Giving further information to nominated ART Intelligence and Security member Subdivision B—International production orders relating to telecommunications data 107 Issue of international production order—national security 108 Content of international production order 109 Issue of further international production order Part 5—Giving of international production orders 110 Simplified outline of this Part 111 Giving of international production orders—relevant agency 112 Giving of international production orders—the Organisation Part 6—Revocation of international production orders 113 Simplified outline of this Part 114 Revocation of international production orders—relevant agency 115 Giving of instrument of revocation—relevant agency 116 Revocation of international production orders—the Organisation 117 Giving of instrument of revocation—the Organisation 118 Delegation by the chief officer of a relevant agency 119 Delegation by the Director‑General of Security Part 7—Objections to, and cancellation of, international production orders 120 Simplified outline of this Part 121 Prescribed communications provider may object to international production order 122 Cancellation of international production orders Part 8—Compliance with international production orders 123 Simplified outline of this Part 124 Compliance with international production orders 125 When a prescribed communications provider meets the enforcement threshold 126 Civil penalty provision—enforcement Part 9—Reporting and record‑keeping requirements Division 1—Introduction 127 Simplified outline of this Part Division 2—Reporting requirements 128 Annual reports by relevant agencies 129 Reports to be made to the Attorney‑General by the Director‑General of Security 130 Annual reports by the Australian Designated Authority 131 Annual reports by the Minister 132 Deferral of inclusion of information in Ministerial report Division 3—Record‑keeping requirements 133 Keeping documents associated with international production orders—relevant agencies 134 Other records to be kept—relevant agencies 135 Keeping documents associated with international production orders—the Organisation 136 Other records to be kept—the Organisation 137 Keeping documents associated with international production orders—Australian Designated Authority 138 Other records to be kept—Australian Designated Authority Division 4—Register of international production orders 139 Register of international production orders Division 5—Destruction of records 140 Destruction of records Part 10—Oversight by the Commonwealth Ombudsman 141 Simplified outline of this Part 142 Inspection of records—relevant agency 143 Inspection of records—Australian Designated Authority 144 Power to obtain relevant information 145 Ombudsman to be given information and access despite other laws 146 Application of Ombudsman Act 147 Exchange of information between Ombudsman and State/Territory inspecting authorities 148 Delegation by Ombudsman 149 Ombudsman not to be sued 150 Reports Part 11—Disclosure of protected information 151 Simplified outline of this Part 152 Prohibition on use, recording or disclosure of protected information or its admission in evidence 153 Exceptions—general 154 Exception—disclosure to the Minister 155 Exception—disclosure to the Attorney‑General 156 Exception—statistical information 157 Exceptions—international production orders relating to interception 158 Exceptions—international production orders relating to stored communications 159 Exceptions—telecommunications data Part 12—Evidentiary certificates 160 Simplified outline of this Part 161 Evidentiary certificates—compliance with international production orders by prescribed communications providers 162 Evidentiary certificates—voluntary provision of associated information by prescribed communications providers 163 Evidentiary certificates—interception 164 Evidentiary certificates—stored communications 165 Evidentiary certificates—telecommunications data 166 Evidentiary certificates—Australian Designated Authority Part 13—Incoming orders and requests 167 Simplified outline of this Part 168 Incoming orders and requests—exemptions from various prohibitions 169 Interaction with the Privacy Act 1988 Part 14—Miscellaneous 170 Simplified outline of this Part 171 Electronic service of documents 172 International production order issued in response to a telephone application—action required 173 Duty of nominated ART Intelligence and Security member 174 Certified copy of international production order—interception agency 175 Certified copy of international production order—criminal law‑enforcement agency 176 Certified copy of international production order—enforcement agency 177 Certified copy of international production order—Part 5.3 IPO agency 178 Certified copy of international production order—the Organisation 179 Delegation by the Australian Designated Authority 180 Minor defects in connection with international production order 181 Protection of persons—control order declared to be void 182 Specification of international agreements 183 Operation of the Mutual Assistance in Criminal Matters Act 1987 not limited 184 Other functions or powers not limited Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act to prohibit the interception of, and other access to, telecommunications except where authorised in special circumstances or for the purpose of tracing the location of callers in emergencies, and for other purposes. Chapter 1—Introduction Part 1‑1—Preliminary 1 Short title This Act may be cited as the Telecommunications (Interception and Access) Act 1979. 2 Commencement This Act shall come into operation on the day on which the Australian Security Intelligence Organisation Act 1979 comes into operation. 4 Act binds the Crown This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. 4A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 4B Application to Norfolk Island (1) This Act does not extend to Norfolk Island. (2) Subsection (1) ceases to be in force when the Telecommunications Act 1992 (Norfolk Island) is repealed. Note: Once subsection (1) ceases to be in force this Act will extend to Norfolk Island because of section 18 of the Norfolk Island Act 1979. Part 1‑2—Interpretation 5 Interpretation (1) In this Act, unless the contrary intention appears: ACC means the Australian Crime Commission. ACC Act means the Australian Crime Commission Act 2002. access, in relation to a stored communication, has the meaning given by section 6AA. This definition does not apply to Schedule 1. accessible, in relation to a communication, has the meaning given by section 5H. access request has the meaning given by subsection 107P(1). ACMA means the Australian Communications and Media Authority. activities prejudicial to security has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979. affidavit includes affirmation. AFP employee has the same meaning as in the Australian Federal Police Act 1979. AFP Minister has the meaning given by section 100.1 of the Criminal Code. agency means: (a) except in Chapter 2—an interception agency or another enforcement agency; or (b) in Chapter 2—an interception agency. ancillary offence means an offence constituted by: (a) aiding, abetting, counselling or procuring the commission of an offence; (b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of an offence; (c) receiving or assisting a person who is, to the offender's knowledge, guilty of an offence, in order to enable the person to escape punishment or to dispose of the proceeds of the last‑mentioned offence; (d) attempting or conspiring to commit an offence; or (e) inciting, urging, aiding or encouraging, or printing or publishing any writing that incites, urges, aids or encourages, the commission of an offence or the carrying on of any operations for or by the commission of an offence. appropriately used, in relation to a computer network that is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State, has the meaning given by section 6AAA. ASIC means the Australian Securities and Investments Commission. ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. ASIO computer access intercept information means information obtained under: (a) an ASIO computer access warrant; or (b) subsection 25A(8) of the Australian Security Intelligence Organisation Act 1979; or (c) subsection 27A(3C) of the Australian Security Intelligence Organisation Act 1979; or (d) an authorisation under section 27E of the Australian Security Intelligence Organisation Act 1979; or (e) subsection 27E(6) of the Australian Security Intelligence Organisation Act 1979; by intercepting a communication passing over a telecommunications system. ASIO computer access warrant means: (a) a warrant issued under section 25A of the Australian Security Intelligence Organisation Act 1979; or (b) a warrant issued under section 27A of the Australian Security Intelligence Organisation Act 1979 that authorises the Organisation to do any of the acts or things referred to in subsection 25A(4) or (8) of that Act; or (c) an authorisation under section 27E of the Australian Security Intelligence Organisation Act 1979. ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. associate, with a criminal organisation or a member of such an organisation, includes: (a) be in the company of the organisation or member; and (b) communicate with the organisation or member by any means (including by post, fax, telephone, or by email or other electronic means). Attorney‑General's Department means the Department administered by the Attorney‑General. Australian Capital Territory includes the Jervis Bay Territory. authorised officer: (a) in sections 180A, 180B, 180C and 180D, subsections 184(5) and 185(2) and paragraph 186(1)(ca), means: (i) the Commissioner of Police; or (ii) a Deputy Commissioner of Police; or (iii) a member of the Australian Federal Police who is covered by an authorisation in force under subsection 5AB(1A); and (b) in any other case, means: (i) the head (however described) of the enforcement agency or a person acting as that head; or (ii) a deputy head (however described) of the enforcement agency or a person acting as that deputy head; or (iii) a person who holds, or is acting in, an office or position in the enforcement agency that is covered by an authorisation in force under subsection 5AB(1). authorised representative of a carrier means one of the following persons: (a) the Managing Director of the carrier; (b) the secretary of the carrier; (c) an employee of the carrier authorised in writing for the purposes of this paragraph by the Managing Director or the secretary of the carrier. authority, in relation to a State, includes: (a) a Minister of that State; (b) an officer of that State; (c) an authority or body established for a public purpose by or under a law of that State; and (d) without limiting the generality of paragraph (c), the Police Force of that State. Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act. carriage service provider has the meaning given by the Telecommunications Act 1997. carrier means: (a) except in Parts 5‑4 and 5‑4A: (i) a carrier (within the meaning of the Telecommunications Act 1997); or (ii) a carriage service provider; and (b) in Parts 5‑4 and 5‑4A—a carrier (within the meaning of the Telecommunications Act 1997). carry includes transmit, switch and receive. certifying officer, in relation to an agency, or an eligible authority of a State, means: (a) in the case of the Australian Federal Police—the Commissioner of Police, a Deputy Commissioner of Police or a person authorised to be a certifying officer of the Australian Federal Police under subsection 5AC(1); or (aa) in the case of the National Anti‑Corruption Commission: (i) the National Anti‑Corruption Commissioner; or (ii) a National Anti‑Corruption Deputy Commissioner; or (iii) a person authorised to be a certifying officer of the National Anti‑Corruption Commission under subsection 5AC(2); or (b) in the case of the ACC: (i) the Chief Executive Officer of the ACC or an examiner; or (ii) a person authorised to be a certifying officer of the ACC under subsection 5AC(3); or (c) in the case of the Police Force of a State—the Commissioner, a Deputy Commissioner, an officer whose rank is equivalent to that of Assistant Commissioner of the Australian Federal Police, or a person authorised to be a certifying officer of the Police Force of the State under subsection 5AC(4); or (d) in the case of the Crime Commission (NSW): (i) a member of the Crime Commission (NSW); or (ii) a person authorised to be a certifying officer of the Crime Commission (NSW) under subsection 5AC(5); or (e) in the case of the Independent Commission Against Corruption (NSW): (i) the Chief Commissioner, a Commissioner or an Assistant Commissioner of the Independent Commission Against Corruption (NSW); or (ii) a person authorised to be a certifying officer of the Independent Commission Against Corruption (NSW) under subsection 5AC(6); or (ea) in the case of the IBAC (Vic.): (i) the Commissioner of the IBAC (Vic.); or (ii) the Deputy Commissioner of the IBAC (Vic.); or (iii) a person authorised to be a certifying officer of the IBAC (Vic.) under subsection 5AC(7); or (f) in the case of the Crime and Corruption Commission (Qld): (i) the chairperson (as defined by the Crime and Corruption Act (Qld)); or (ii) a senior executive officer (as defined by the Crime and Corruption Act (Qld)); or (g) in the case of the Law Enforcement Conduct Commission (NSW): (i) the Chief Commissioner of the Law Enforcement Conduct Commission (NSW); or (ii) the Commissioner for Integrity of the Law Enforcement Conduct Commission (NSW); or (iii) a person authorised to be a certifying officer of the Law Enforcement Conduct Commission (NSW) under subsection 5AC(8); or (i) in the case of the Corruption and Crime Commission (WA): (i) the Commissioner of the Corruption and Crime Commission (WA); or (ii) a person authorised to be a certifying officer of the Corruption and Crime Commission (WA) under subsection 5AC(9); or (ia) in the case of the Independent Commission Against Corruption (SA): (i) the Commissioner of the Independent Commission Against Corruption (SA); or (ii) the Deputy Commissioner of the Independent Commission Against Corruption (SA); or (iii) a person authorised to be a certifying officer for the Independent Commission Against Corruption (SA) under subsection 5AC(9A); or (j) in the case of any other agency: (i) the chief executive officer or an acting chief executive officer of the agency; or (ii) a person authorised to be a certifying officer of the agency under subsection 5AC(10). certifying official, of an issuing agency, means: (a) if the issuing agency is an enforcement agency (including an interception agency)—a certifying officer of the agency; and (b) if the issuing agency is the Organisation—a certifying person of the Organisation. certifying person means any of the following: (a) the Director‑General of Security; (b) a Deputy Director‑General of Security; (c) a person authorised to be a certifying person of the Organisation under section 5AD. chief officer, in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means: (a) in the case of the Australian Federal Police—the Commissioner of Police; or (aa) in the case of the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner; or (b) in the case of the ACC—the Chief Executive Officer of the ACC; or (ba) in the case of an eligible Commonwealth authority—the member constituting, or the member who generally presides at hearings and other meetings of, the Commonwealth Royal Commission concerned; or (c) in the case of the Police Force of a State—the Commissioner of that Police Force; or (d) in the case of the Crime Commission (NSW)—the Commissioner of the Crime Commission (NSW); or (e) in the case of the Independent Commission Against Corruption (NSW)—the Chief Commissioner of the Independent Commission Against Corruption (NSW); or (ea) in the case of the Inspector of the Independent Commission Against Corruption (NSW)—the Inspector of the Independent Commission Against Corruption (NSW); or (eb) in the case of the IBAC (Vic.)—the Commissioner of the IBAC (Vic.); or (ec) in the case of the Victorian Inspectorate—the Inspector of the Victorian Inspectorate; or (f) in the case of the Crime and Corruption Commission (Qld)—the chairperson of the Crime and Corruption Commission (Qld); or (h) in the case of the Law Enforcement Conduct Commission (NSW)—the Chief Commissioner of the Law Enforcement Conduct Commission (NSW); or (ha) in the case of the Inspector of the Law Enforcement Conduct Commission (NSW)—the Inspector of the Law Enforcement Conduct Commission (NSW); or (k) in the case of the Corruption and Crime Commission (WA)—the Commissioner of the Corruption and Crime Commission (WA); or (l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—the Parliamentary Inspector of the Corruption and Crime Commission (WA); or (la) in the case of the Independent Commission Against Corruption (SA)—the Commissioner of the Independent Commission Against Corruption (SA); or (lb) in the case of the Inspector of the Independent Commission Against Corruption (SA)—the Inspector of the Independent Commission Against Corruption (SA); or (m) in the case of an enforcement agency that is not an interception agency and is not an eligible authority of a State—the chief executive officer or an acting chief executive officer of the agency. Commissioner means: (a) in relation to the Police Force of a State—the Commissioner of Police (however designated) of that State; or (b) in relation to the Crime and Corruption Commission (Qld)—a commissioner (within the meaning of the Crime and Corruption Act (Qld)). Commissioner of Police means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting Commissioner of Police. Commonwealth agency means: (a) the Australian Federal Police; or (aa) the National Anti‑Corruption Commission; or (b) the ACC. Commonwealth Royal Commission means a Royal Commission within the meaning of the Royal Commissions Act 1902. communicate, in relation to information, includes divulge. communication includes conversation and a message, and any part of a conversation or message, whether: (a) in the form of: (i) speech, music or other sounds; (ii) data; (iii) text; (iv) visual images, whether or not animated; or (v) signals; or (b) in any other form or in any combination of forms. Communications Access Coordinator has the meaning given by section 6R. community safety detention order has the same meaning as in Division 395 of the Criminal Code. community safety supervision order has the same meaning as in Division 395 of the Criminal Code. conduct includes any act or omission. confirmed control order has the same meaning as in Part 5.3 of the Criminal Code. connected with: a purpose is connected with a preventative detention order law if the purpose is connected with the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, that law, so far as the function, duty or power relates to a preventative detention order (within the meaning of that law). control order has the same meaning as in Part 5.3 of the Criminal Code. Corruption and Crime Commission (WA) means the commission referred to in section 8 of the Corruption, Crime and Misconduct Act (WA). Corruption, Crime and Misconduct Act (WA) means the Corruption, Crime and Misconduct Act 2003 (WA). Crime and Corruption Act (Qld) means the Crime and Corruption Act 2001 (Qld). Crime and Corruption Commission (Qld) means the commission referred to in section 7 of the Crime and Corruption Act (Qld). Crime Commission Act (NSW) means the Crime Commission Act 2012 (NSW). Crime Commission (NSW) means the commission referred to in section 7 of the Crime Commission Act (NSW). crime within the jurisdiction of the ICC has the same meaning as in the International Criminal Court Act 2002. criminal law‑enforcement agency has the meaning given by section 110A. criminal organisation means an organisation (whether incorporated or not, and however structured) that is: (a) a declared organisation within the meaning of: (i) the Crimes (Criminal Organisations Control) Act 2009 of New South Wales; or (ii) the Serious and Organised Crime (Control) Act 2008 of South Australia; or (b) an organisation of a kind specified by or under, or described or mentioned in, a prescribed provision of a law of a State or Territory. data disruption intercept information means information obtained under a data disruption warrant by intercepting a communication passing over a telecommunications system. data disruption warrant has the same meaning as in the Surveillance Devices Act 2004. Defence Minister has the same meaning as in the Intelligence Services Act 2001. delivery point means a location in respect of which a nomination or determination is in force under section 188. Deputy Commissioner of Police means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979. Deputy Director‑General of Security means a person who holds, or is acting in, a position known as Deputy Director‑General of Security. deputy PIM (short for deputy public interest monitor), in relation to Queensland, means a person appointed as a deputy public interest monitor under: (a) the Crime and Corruption Act (Qld); or (b) the Police Powers and Responsibilities Act 2000 of Queensland. detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code. Director‑General of Security means the person holding, or performing the duties of, the office of Director‑General of Security under the Australian Security Intelligence Organisation Act 1979. domestic preservation notice has the meaning given by subsection 107H(1). earth‑based facility means a facility other than a satellite‑based facility. eligible authority, in relation to a State, means: (a) in any case—the Police Force of that State; or (b) in the case of New South Wales: (i) the Crime Commission (NSW); or (ii) the Independent Commission Against Corruption (NSW); or (iii) the Inspector of the Independent Commission Against Corruption (NSW); or (iv) the Law Enforcement Conduct Commission (NSW); or (v) the Inspector of the Law Enforcement Conduct Commission (NSW); or (ba) in the case of Victoria—the IBAC (Vic.) or the Victorian Inspectorate; or (c) in the case of Queensland—the Crime and Corruption Commission (Qld); or (d) in the case of Western Australia—the Corruption and Crime Commission (WA) or the Parliamentary Inspector of the Corruption and Crime Commission (WA); or (e) in the case of South Australia—the Independent Commission Against Corruption (SA) or the Inspector of the Independent Commission Against Corruption (SA). eligible Commonwealth authority means a Commonwealth Royal Commission in relation to which a declaration under section 5AA is in force. emergency service facility has the meaning given by subsection 6(2A). enforcement agency has the meaning given by section 176A. engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code. equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, and includes a telecommunications device but does not include a line. This definition does not apply to Schedule 1. examiner has the same meaning as in the ACC Act. extended supervision order has the meaning given by section 105A.2 of the Criminal Code. facility has the same meaning as in the Telecommunications Act 1997. Foreign Affairs Minister has the same meaning as in the Intelligence Services Act 2001. foreign communication means a communication sent or received outside Australia. foreign communications warrant means an interception warrant issued or to be issued under section 11C. foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code. foreign intelligence means intelligence about the capabilities, intentions or activities of people or organisations outside Australia. foreign intelligence information means information obtained (whether before or after the commencement of this definition) under a warrant issued under section 11A, 11B or 11C. foreign law enforcement agency means: (a) a police force (however described) of a foreign country; or (b) any other authority or person responsible for the enforcement of the laws of the foreign country; or (c) any other authority or person responsible to the International Criminal Court for investigating or prosecuting a crime within the jurisdiction of the ICC; or (d) any other authority or person responsible to a War Crimes Tribunal for investigating or prosecuting a War Crimes Tribunal offence. foreign organisation means an organisation (including a government) outside Australia. foreign power has the same meaning as in the Australian Security Intelligence Organisation Act 1979. foreign preservation notice has the meaning given by subsection 107N(1). general computer access intercept information means information obtained under a general computer access warrant by intercepting a communication passing over a telecommunications system. general computer access warrant means a warrant issued under section 27C of the Surveillance Devices Act 2004. General Register means the General Register of Warrants kept under section 81A. Governor, in relation to a State, means, in the case of the Northern Territory, the Administrator of the Northern Territory. historic domestic preservation notice has the meaning given by subparagraph 107H(1)(b)(i). IBAC Act (Vic.) means the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.). IBAC (Vic.) means the Independent Broad‑based Anti‑corruption Commission established by the IBAC Act (Vic.). IBAC (Vic.) officer means a person who is an IBAC Officer (within the meaning of the IBAC Act (Vic.)). IGIS official has the same meaning as in the Australian Security Intelligence Organisation Act 1979. Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901. Immigration Minister means the Minister administering the Migration Act 1958. immigration offence means an offence against section 236 of the Migration Act 1958. implementation phase has the meaning given by subsection 187H(2). Independent Commission Against Corruption Act (NSW) means the Independent Commission Against Corruption Act 1988 (NSW). Independent Commission Against Corruption Act (SA) means the Independent Commission Against Corruption Act 2012 (SA). Independent Commission Against Corruption (NSW) means the commission referred to in section 4 of the Independent Commission Against Corruption Act (NSW). Independent Commission Against Corruption (SA) means the Independent Commission Against Corruption of South Australia. infrastructure means any line or equipment used to facilitate communications across a telecommunications network. inspecting officer means: (a) the Ombudsman; (b) a Deputy Commonwealth Ombudsman; or (c) a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976. Inspector of the Independent Commission Against Corruption (NSW) means the inspector referred to in section 57A of the Independent Commission Against Corruption Act (NSW). Inspector of the Independent Commission Against Corruption (SA) means the inspector referred to in clause 2 of Schedule 4 to the Independent Commission Against Corruption Act (SA). Inspector of the Law Enforcement Conduct Commission (NSW) means the inspector referred to in section 120 of the Law Enforcement Conduct Commission Act (NSW). Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022. Inspector of the Victorian Inspectorate has the same meaning as Inspector has in the Victorian Inspectorate Act. integrity authority means: (a) an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or (b) an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part. integrity operation means: (a) a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or (b) an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914. intended recipient, of a communication, (except when used in Schedule 1) has the meaning given by section 5G. interception agency means: (a) except for the purposes of section 6R, Part 2‑6 or Chapter 5: (i) a Commonwealth agency; or (ii) an eligible authority of a State in relation to which a declaration under section 34 is in force; or (b) for the purposes of Part 2‑6: (i) a Commonwealth agency; or (ii) an eligible authority of a State; or (c) for the purposes of section 6R and Chapter 5: (i) the Organisation; or (ii) a Commonwealth agency; or (iii) an eligible authority of a State in relation to which a declaration under section 34 is in force. interception warrant means a warrant issued under Chapter 2. interception warrant information has the meaning given by section 6EA. interim control order has the same meaning as in Part 5.3 of the Criminal Code. interim supervision order has the meaning given by section 105A.2 of the Criminal Code. international assistance application means an application for a stored communications warrant made as a result of: (a) an authorisation under section 15B of the Mutual Assistance in Criminal Matters Act 1987; or (b) an authorisation under section 78A of the International Criminal Court Act 2002; or (c) an authorisation under section 34A of the International War Crimes Tribunals Act 1995. International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002. international offence has the meaning given by subsection 162(3). in the possession of, in relation to a document, record or copy, includes in the custody of or under the control of. investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987. issuing agency, in relation to a preservation notice, means the agency that gives the notice. issuing authority (except when used in Schedule 1) means a person: