Law enforcement
Please note that this information is not intended, and should not be construed, as legal advice.
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.
Call data privacy
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. At the same time, obligations are in place for carriers and carriage service providers to assist law enforcement agencies where necessary.
Carrier and carriage service provider assistance to law enforcement agencies
Part 14 of the Act places obligations on carriers and carriage service providers to do their best to prevent the use of telecommunications networks and facilities to commit offences.
Carriers and carriage service providers are also obliged to give authorities such help as is reasonably necessary to enforce criminal law and laws imposing monetary penalties, protecting the public revenue and safeguarding national security. This can include giving help by way of providing interception services or telecommunications information, as prescribed under the Telecommunications (Interception and Access) Act 1979, which is administered by the Attorney-Generals Department.
