{"id":"F2024L01745","name":"Interception Capability Plan Determination 2024","slug":"interception-capability-plan-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105712,"registerId":"commonwealth-F2024L01745-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Interception Capability Plan Determination 2024","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nInterception Capability Plan Determination 2024\n\nI, the Hon Mark Dreyfus KC MP, Attorney-General, make this determination under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.\n\nDated 19 December 2024\n\nMARK DREYFUS KC MP\n\nAttorney-General\n\n1 Name of Determination\n\nThis instrument is the Interception Capability Plan Determination 2024.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered on the Federal Register of Legislation.\n\n3 Authority\n\nThis instrument is made under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.\n\n4 Repeal of the Interception Capability Plan Determination 2018 (No. 1)\n\nThe Interception Capability Plan Determination 2018 (No. 1) is repealed.\n\n5 Definitions\n\nIn this Determination:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n> Communications Access Coordinator has the same meaning as in the Act.\n\n> IC Plan has the same meaning as in the Act.\n\n> national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.\n\n> Nominated carriage service provider has the same meaning as in the Act.\n\n6 Matters to be included in an IC Plan\n\nFor the purposes of paragraph 195(2)(f) of the Act, the following matter applies to the IC Plan of a carrier or nominated carriage service provider if the Communications Access Coordinator has notified the matter in writing to the carrier or provider:\n\n1.  a description of the arrangements that the carrier or provider will put in place to maintain within Australia, and under the control of persons holding appropriate national security clearances, the means:\n    1.  to support its legal obligation to provide interception capabilities in relation to carriage services (including the provision of a physical interception point);\n    2.  to protect information relating to interception; and\n    3.  to provide other reasonably necessary assistance relating to interception to national security and law enforcement agencies.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination repeals the 2018 instrument (s4) and sets the matters that, if notified by the Communications Access Coordinator, must be included in an IC Plan (s6). The text does not itself expand the categories of persons or agencies covered under the Act or add new powers beyond specifying operational and security arrangements for interception capability; no explicit scope expansion is stated within this instrument."},"complexity_factors":["Cross-reference to the Telecommunications (Interception and Access) Act 1979 (authority: subsection 195(4) and paragraph 195(2)(f))","Administrative discretion: Communications Access Coordinator must notify carriers in writing which matters apply (s6)","Operational-security requirement: arrangements must be under control of persons with national security clearances (s5 definition; s6)","Technical/infrastructure requirement: maintain interception capability within Australia, including a physical interception point (s6)","Compliance burden concentrated on carriers and nominated carriage service providers (s6)","Repeal and replacement of previous Determination creates a transitional/legal continuity consideration (s4)","Short, single-purpose instrument limits legislative complexity but raises implementation detail outside the text (commencement s2)"],"plain_english_summary":"This Determination (s6) requires carriers and nominated carriage service providers to include in their Interception Capability Plan arrangements to keep interception capabilities in Australia under the control of persons holding appropriate national security clearances, including a physical interception point, protections for interception-related information, and assistance to national security and law enforcement agencies. Affected providers bear the cost and operational burden of locating and securing those capabilities; the Communications Access Coordinator notifies carriers in writing of the matters to include; the Determination repeals the 2018 instrument (s4)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remaking of an existing legislative instrument (the 2018 Determination). It maintains the same scope — specifying technical requirements for interception capability plans — without expanding into new areas. The substance appears substantively identical to its predecessor, merely updated to current date."},"complexity_factors":["Very short instrument (6 sections, ~250 words)","Only 5 defined terms, all referencing existing definitions in the parent Act rather than creating new ones","Single operative provision (section 6) with straightforward conditional structure ('if the Coordinator has notified...')","No nested exceptions or complex conditional logic","Heavy reliance on external definitions from the Telecommunications (Interception and Access) Act 1979 — understanding this instrument requires familiarity with that Act's framework","Minimal cross-referencing (only to section 195 of the parent Act)"],"plain_english_summary":"This Attorney‑General rule updates what telecommunications companies must include in their Interception Capability Plans so networks can support lawful surveillance. It requires Australian‑based control, security‑cleared personnel, and secure technical connection points, overseen by the Communications Access Coordinator.\n\nIt affects carriers, the coordinator and law‑enforcement/national‑security agencies — ensuring infrastructure remains wiretap‑ready while reducing risks of foreign interference and leaks."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/interception-capability-plan-determination-2024","history":"/api/acts/interception-capability-plan-determination-2024/history","analysis":"/api/acts/interception-capability-plan-determination-2024/analysis","conflicts":"/api/acts/interception-capability-plan-determination-2024/conflicts","importantCases":"/api/acts/interception-capability-plan-determination-2024/important-cases","documents":"/api/acts/interception-capability-plan-determination-2024/documents"}}