{"id":"F2025L01439","name":"Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2025","slug":"f2025l01439","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319755,"registerId":"commonwealth-F2025L01439-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2025","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 25/128\n\nTelecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2025\n\nI, the Hon Tony Burke MP, Minister for Home Affairs, make this declaration.\n\nDated 26 November 2025\n\nSigned\n\nThe Hon Tony Burke MP\n\nMinister for Home Affairs\n\n1 Name\n\n  This instrument is the Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2025.\n\n2 Commencement\n\n  This 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 Authority\n\n  This instrument is made under section 176A of the Telecommunications (Interception and Access) Act 1979.\n\n4 Definitions\n\n  In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n> enforcement agency has the same meaning given by section 176A of the Act.\n\n5 Declaration\n\n  (1) The declaration under this section is subject to the condition set out in section 6.\n  (2) For paragraph 176A(3)(a) of the Act, Corrective Services NSW is declared as an enforcement agency.\n  (3) For paragraph 176A(3)(b) of the Act, each staff member of Corrective Services NSW is declared to be officers of the enforcement agency declared by subsection (1) for the purposes of the Act.\n\n6 Conditions\n\n  Under subsection 176A(6) of the Act, the declaration under section 5 is subject to the condition that officers mentioned in subsection 5(3) are not to exercise the power under section 180Q of the Act.\n\n> Note: Corrective Services NSW 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":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The declaration expands Corrective Services NSW’s legal status by making it an enforcement agency and treating its staff as officers (s5(2)–(3)), but narrows the practical scope by conditioning that those officers may not exercise the interception power in s180Q (s6). The instrument therefore broadens agency coverage under the Act while explicitly excluding a specific power."},"complexity_factors":["Short, single-purpose instrument with limited provisions (declaration, condition, commencement).","Depends on multiple cross-references to the principal Act (notably s176A and s180Q) for meaning and effect.","Imposes a tailored exclusion (condition preventing exercise of s180Q) that changes the usual effects of an enforcement-agency declaration.","Temporal mechanics (commencement day after registration and statutory cessation reference) require reading against the Act for duration.","Operational and compliance impacts are indirect and require reading the Act to identify specific duties, powers and obligations for declared officers."],"plain_english_summary":"This declaration, made by the Minister under section 176A of the Telecommunications (Interception and Access) Act 1979, names Corrective Services NSW as an 'enforcement agency' and declares its staff to be officers of that agency, effective the day after registration. The instrument expressly prevents those officers from using the interception power in section 180Q. The instrument does not mention funding or operational costs, so it is silent on who bears implementation expenses."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 176A of the parent Act — declaring specific state/territory agencies as enforcement agencies with conditions. It has not expanded beyond the statutory framework established by the Telecommunications (Interception and Access) Act 1979."},"complexity_factors":["Very short instrument (6 sections, approximately 250 words)","Only 2 defined terms ('Act' and 'enforcement agency')","Single substantive declaration with one clear condition","No nested exceptions or complex conditional logic","Minimal cross-referencing (only references to specific sections of the parent Act)","Straightforward structure: name, commencement, authority, definitions, declaration, conditions"],"plain_english_summary":"This declaration names Corrective Services NSW an \"enforcement agency\" under the Telecommunications (Interception and Access) Act 1979, letting its staff obtain telecommunications information (metadata, subscriber details, call records) for investigations. It explicitly bars use of section 180Q powers, so content of communications (call or message text) cannot be requested.\n\nIt affects prison and parole staff, people under correctional supervision whose data may be accessed, and telcos that must respond. It expands correctional surveillance while retaining a key privacy limit."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l01439","history":"/api/acts/f2025l01439/history","analysis":"/api/acts/f2025l01439/analysis","conflicts":"/api/acts/f2025l01439/conflicts","importantCases":"/api/acts/f2025l01439/important-cases","documents":"/api/acts/f2025l01439/documents"}}