Law enforcement

The telecommunications sector is principally regulated through the Telecommunications Act 1997 (the Act), and its related legislative package. The main policy objectives of the Act are to promote the long-term interests of end-users of carriage services, and the efficiency and international competitiveness of the Australian telecommunications industry.

Carrier and carriage service provider obligations to assist law enforcement agencies

The Act requires carrier and carriage service providers to do their best to prevent telecommunications networks and facilities from being used to commit offences and to provide reasonable assistance to law enforcement agencies.

A summary fact sheet is on the Australian Communications and Media Authority (ACMA) website that provides an overview of carrier and carriage service provider responsibilities to assist law enforcement agencies. The ACMA website also contains a more detailed guide that aims to assist carriers and carriage service providers to better meet their obligations.

Summary of the law enforcement provisions in the Act

The Act contains a series of law enforcement provisions regulating the disclosure of call data, and the provision of reasonably necessary assistance to law enforcement and national security agencies by carriers and carriage service providers. The key law enforcement provisions are summarised below.

Call data privacy and authorised disclosures
Part 13 of the Act requires carriers, nominated carriage service providers and number database operators to protect the confidentiality of information that relates to the contents of communications, carriage services and the affairs or personal particulars of other persons.
The Act authorises the disclosure of protected information in certain circumstances, for example, for purposes relating to the enforcement of the criminal law. However, the Act requires that the authorised recipient of such information only use that information for authorised purposes.

The Act also imposes record keeping requirements in relation to authorised disclosure and use of information for an authorised purpose.

Carrier and carriage service provider assistance to law enforcement agencies
Part 14 of the Act places obligations on the ACMA, carriers and nominated carriage service providers to do their best to prevent telecommunications networks and facilities from being used to commit offences.
The ACMA, carriers and nominated carriage service providers are also obliged to give the authorities such help as is reasonably necessary to enforce criminal law and laws imposing monetary penalties, protecting the public revenue and safeguarding national security.

Telecommunications interception
Part 15 of the Act places obligations on carriers, carriage service providers and carriage service intermediaries to provide interception capability and special assistance capability to law enforcement and national security agencies.
Carriers and certain nominated carriage service providers must prepare and submit annual interception capability plans detailing the capability of their networks to intercept communications passing over those networks. The carriers and certain nominated carriage service providers must also notify the ACMA of technology changes affecting the provision of help under Parts 14 and 15 of the Act.

Part 15 of the Act also requires carriers, carriage service providers and agencies to meet different costs associated with the provision of various capabilities related to interception.

In most cases, telecommunications interception must be authorised by a warrant issued under the provisions of the Telecommunications (Interception) Act 1979. This Act is administered by the Attorney-General's Department.

Further information on Law Enforcement is available on:

Document ID: 3828 |
Last modified: 6 February 2008, 12:25pm