{"id":"F2009B00187","name":"Telecommunications (Interception) Act 1979 - Declaration of agency - Western Australia Police Service","slug":"telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121629,"registerId":"commonwealth-F2009B00187-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception) Act 1979 - Declaration of agency - Western Australia Police Service","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\nCommonwealth of Australia\n\n \n\n \n\n \n\n \n\nTelecommunications (Interception) Act 1979\n\n \n\n \n\n \n\n \n\nDeclaration of the Western Australian Police Service\n\n \n\n \n\n \n\n \n\nI, DARYL ROBERT WILLIAMS.  Attorney-General of the Commonwealth of Australia, acting under subsection 34(1) of the Telecommunications (Interception) Act 1979 and at the request of the Premier of the State of Western Australia, declare the Western Australian Police Service to be an agency for the purposes of the Act.\n\n \n\n2.       In making this declaration, I am satisfied that:\n\n \n\n(a)                the law of Western Australia makes satisfactory provision in relation to the matters set out in subsection 35(1) of the Act, and\n\n(b)                the State of Western Australia has entered into an agreement as required by subsection 35(2) of the Act.\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n Dated   11 July 1997\n\n\n \n\nDaryl Williams\n\nAttorney-General\n\n­­­­­­­­­­­­­­­­­­­\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward administrative declaration made under the original 1979 Act. It does not expand or alter the scope of the legislation; it simply activates existing provisions for a specific state agency."},"complexity_factors":["Single-purpose administrative instrument (declaration only)","No defined terms within the document itself","No conditional logic or nested exceptions","No cross-references to other legislation beyond citing the empowering provision (s 34(1)) and conditions (s 35)","Extremely short (under 200 words)","Straightforward declaratory structure with simple satisfaction criteria"],"plain_english_summary":"This is a formal declaration made by the Commonwealth Attorney-General in 1997 that allows the **Western Australian Police Service** to use special federal powers to intercept (listen to or record) phone calls and other telecommunications.\n\n**What it does:**\n- Under the *Telecommunications (Interception) Act 1979*, only certain approved \"agencies\" can legally tap phones or access communications data.\n- This document officially declares the WA Police as one of those approved agencies.\n\n**Why it matters:**\n- It gives WA Police the legal authority to apply for warrants to intercept telecommunications for serious criminal investigations (like organised crime or terrorism).\n- Without this declaration, state police cannot use these federal interception powers.\n\n**Conditions that had to be met:**\n- The Attorney-General had to be satisfied that **Western Australian law** properly governs how the police handle intercepted information and protects privacy.\n- The **State of Western Australia** had to sign an agreement with the Commonwealth about how these powers would be used.\n\n**Who it affects:**\n- Primarily the WA Police Service, who gain access to powerful surveillance tools.\n- Indirectly, anyone in Western Australia whose communications might be intercepted under a warrant obtained by WA Police."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration applies the statutory mechanism in subsection 34(1) to designate the Western Australian Police Service as an agency under the Telecommunications (Interception) Act 1979. The instrument records the Attorney‑General's satisfactions required by subsection 35(1) and the existence of the agreement required by subsection 35(2). It does not amend the Act or alter its substantive scope; it implements the Act's existing operation by adding a named agency."},"complexity_factors":["Short, single-purpose instrument with a clear operative sentence (declaration under subsection 34(1)).","Cross-references to other statutory provisions (subsections 35(1) and 35(2)) create reliance on external texts for substantive detail.","Administrative discretion element: Attorney‑General's recorded satisfaction is a prerequisite (requires review of how that satisfaction is established in the Act).","Dependence on an intergovernmental agreement referenced in subsection 35(2) (the declaration does not reproduce the agreement).","No operational or procedural detail in the instrument itself (low internal complexity but requires consultation of the Act and agreement for full effect)."],"plain_english_summary":"This instrument is a formal declaration (11 July 1997) by the Commonwealth Attorney‑General that the Western Australian Police Service is to be treated as an \"agency\" under the Telecommunications (Interception) Act 1979, made at the WA Premier’s request and recording satisfaction of the statutory prerequisites in subsections 35(1) and 35(2). Mechanically, it brings WA Police within the Act’s remit (enabling use of its interception regime) but does not itself list costs, oversight or specific operational powers."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service","history":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service/history","analysis":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service/analysis","conflicts":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service/conflicts","importantCases":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service/important-cases","documents":"/api/acts/telecommunications-interception-act-1979-declaration-of-agency-western-australia-police-service/documents"}}