{"id":"F2023L00395","name":"Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2023","slug":"f2023l00395","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":330082,"registerId":"commonwealth-F2023L00395-current","compilationNumber":null,"startDate":"2026-04-08","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2023","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nTelecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2023\n\nI, the Hon Mark Dreyfus KC MP, Attorney-General, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).\n\nDated 15 March 2023\n\nAttorney-General\n\n1 Name\n\nThis instrument is the Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2023.\n\n2 Commencement\n\nThis instrument commences on the day after registration.\n\n> Note See paragraph 176A(10)(b) of the Act for cessation of this instrument.\n\n3 Declaration\n\n(1) For paragraph 176A(3)(a) of the Act, I declare New South Wales Department of Communities and Justice to be an enforcement agency.\n\n(2) For paragraph 176A(3)(b) of the Act, I declare each staff member of that part of New South Wales Department of Communities and Justice known as Corrective Services NSW to be officers of New South Wales Department of Communities and Justice for the purposes of the Act.\n\n4 Conditions\n\n(1) Under subsection 176A(6) of the Act, this declaration is subject to the following conditions:\n\n(a) it only applies to that part of New South Wales Department of Communities and Justice known as Corrective Services NSW; and\n\n(b) New South Wales Department of Communities and Justice and officers of Corrective Services NSW are not to exercise the power under section 180Q of the Act.\n\n> Note New South Wales Department of Communities and Justice is taken not to be an enforcement agency for the purposes of section 180Q of the Act: subsection 176A(7) of the Act.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2350},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration remains tightly scoped to its original purpose. It applies only to Corrective Services NSW (not the broader Department of Communities and Justice) and explicitly excludes the agency from using section 180Q powers. There is no evidence of scope creep beyond the specific authority granted by section 176A of the parent Act."},"complexity_factors":["Very short instrument with only 4 operative sections","Cross-references to external statutory provisions (sections 176A and 180Q of the Telecommunications (Interception and Access) Act 1979)","Simple conditional logic limiting scope to Corrective Services NSW only","No defined terms or interpretive complexity"],"plain_english_summary":"This declaration names Corrective Services NSW prison officers as an “enforcement agency” under the Telecommunications (Interception and Access) Act 1979, letting them request stored communications data (e.g. call, text, email records) to investigate crimes tied to prisoners or contraband devices. It affects those officers, telecom providers responding to lawful requests, and prisoners/contacts whose data may be accessed. The change is narrowly limited to Corrective Services NSW and expressly excludes use of powers under section 180Q."}},"importantCases":[],"_links":{"self":"/api/acts/f2023l00395","history":"/api/acts/f2023l00395/history","analysis":"/api/acts/f2023l00395/analysis","conflicts":"/api/acts/f2023l00395/conflicts","importantCases":"/api/acts/f2023l00395/important-cases","documents":"/api/acts/f2023l00395/documents"}}