{"id":"F2025L00002","name":"Telecommunications (Interception and Access) (Criminal Law-Enforcement Agency—ACT Integrity Commission) (No. 2) Declaration 2024","slug":"f2025l00002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319631,"registerId":"commonwealth-F2025L00002-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Criminal Law-Enforcement Agency—ACT Integrity Commission) (No. 2) Declaration 2024","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nTelecommunications (Interception and Access) (Criminal Law-Enforcement Agency—ACT Integrity Commission) (No. 2) Declaration 2024\n\nI, the Hon Mark Dreyfus KC MP, Attorney-General, make this instrument under section 110A of the Telecommunications (Interception and Access) Act 1979 (the Act).\n\nDated 23 December 2024\n\nThe Hon Mark Dreyfus KC MP\n\nAttorney-General\n\n1 Name\n\nThis instrument is the Telecommunications (Interception and Access) (Criminal Law-Enforcement Agency—ACT Integrity Commission) (No. 2) Declaration 2024.\n\n2 Commencement\n\nThis instrument commences on 5 February 2025.\n\n> Note See paragraph 110A(10)(b) of the Act for cessation of this instrument.\n\n3 Declaration\n\n(1) For paragraph 110A(3)(a) of the Act, I declare the ACT Integrity Commission to be a criminal law-enforcement agency.\n\n(2) For paragraph 110A(3)(b) of the Act, I declare each staff member of the ACT Integrity Commission to be officers of the ACT Integrity Commission for the purposes of the Act.\n\n4 Conditions\n\n(1) Under subsection 110A(6) of the Act, this declaration is subject to the following condition:\n\n(a) ACT Integrity Commission officers are not to exercise powers under the Act with respect to any preliminary inquiries conducted by the ACT Integrity Commission under the authority of section 86 of the Integrity Commission Act 2018 (ACT).","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 110A of the Telecommunications (Interception and Access) Act 1979—declaring a state/territory integrity commission as a criminal law-enforcement agency for the purposes of accessing federal surveillance powers. The scope is narrow and precisely targeted, with no evidence of scope creep beyond the original statutory purpose."},"complexity_factors":["Very short instrument (4 sections, approximately 250 words)","Only 1 defined condition with a single limitation","No nested exceptions or complex conditional logic","Straightforward declaratory structure: declares agency status, declares officer status, attaches single condition","Single cross-reference to external legislation (section 86 of Integrity Commission Act 2018 (ACT)) for the limitation"],"plain_english_summary":"This instrument declares the ACT Integrity Commission and its staff to be a criminal law‑enforcement agency and officers under the Telecommunications (Interception and Access) Act 1979, allowing the Commission to seek warrants to intercept calls, access stored communications and use other federal surveillance powers. It affects the Commission, its staff, people under investigation and telecommunications providers who may be asked to assist. The powers are limited to formal investigations and expressly cannot be used for preliminary inquiries."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expands the Telecommunications (Interception and Access) Act’s operational scope by designating the ACT Integrity Commission as a criminal law‑enforcement agency (s110A(3)(a)) and declaring its staff to be officers for the Act (s110A(3)(b)). It narrows that expansion with a condition prohibiting use of powers for preliminary inquiries under s86 of the Integrity Commission Act 2018 (s110A(6)). The instrument does not amend the base Acts themselves; it modifies which entity and personnel fall within the Act’s coverage and imposes an explicit operational limitation."},"complexity_factors":["Short, single-purpose instrument limited to a declaratory change (low intrinsic complexity)","Cross-references to multiple statutes: Telecommunications (Interception and Access) Act 1979 s110A (paras (3)(a),(3)(b),(6),(10)(b)) and Integrity Commission Act 2018 s86","Conditional carve-out: a specific prohibition on using powers for preliminary inquiries (adds a procedural limitation requiring operational compliance)","Temporal elements: explicit commencement date and automatic cessation mechanism referenced (110A(10)(b)) that agencies must track","Effect on personnel status: converts Commission staff into 'officers' under the TIA Act, creating new legal authorities and obligations for individuals","No funding, oversight or implementation mechanics provided in the instrument (practical compliance and administrative burdens left to the parties)"],"plain_english_summary":"This declaration, commencing 5 February 2025, adds the ACT Integrity Commission to the list of ‘criminal law‑enforcement agencies’ under s110A of the Telecommunications (Interception and Access) Act 1979 and declares its staff to be officers for the Act. \n\nThose officers may therefore use interception/access powers under the Act, but the instrument bars use of those powers for preliminary inquiries under s86 of the Integrity Commission Act 2018. The Attorney‑General made the declaration; the instrument does not specify funding or implementation costs."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l00002","history":"/api/acts/f2025l00002/history","analysis":"/api/acts/f2025l00002/analysis","conflicts":"/api/acts/f2025l00002/conflicts","importantCases":"/api/acts/f2025l00002/important-cases","documents":"/api/acts/f2025l00002/documents"}}