{"id":"F2009L02703","name":"Telecommunications (Interception and Access) Act 1979 - Declaration of eligible authority as agency - Queensland Police Service","slug":"telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":79781,"registerId":"commonwealth-F2009L02703-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) Act 1979 - Declaration of eligible authority as agency - Queensland 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![](image.001.png)\n\nDeclaration of eligible authority as agency — Queensland Police Service\n\nTelecommunications (Interception and Access) Act 1979\n\nI, ROBERT BRUCE MCCLELLAND, Attorney‑General:\n\n(a) acting under section 34 of the Telecommunications (Interception and Access) Act 1979 and at the request of the Premier of Queensland; and\n\n(b) being satisfied that:\n\n (i) the law of the State of Queensland makes satisfactory provision in relation to the matters mentioned in subsection 35 (1) of the Act; and\n\n (ii) the State of Queensland has entered into an agreement as required by subsection 35 (2) of the Act;\n\ndeclare the Queensland Police Service to be an agency for the purposes of the Act.\n\nDated        7 July 2009\n\n \n\n \n\nRobert McClelland\n\nAttorney‑General\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard administrative declaration made under the original framework of the Telecommunications (Interception and Access) Act 1979. It does not expand the scope of the Act itself; rather, it exercises an existing power to add a specific state police force to the list of eligible agencies. The scope remains exactly as intended by the original legislation: allowing state agencies to be declared as eligible authorities for interception purposes once certain preconditions are met."},"complexity_factors":["Single operative clause with straightforward declaratory effect","Only references 3 specific sections of the parent Act (sections 34, 35(1), and 35(2))","No defined terms within the instrument itself (relies entirely on parent Act definitions)","No conditional logic or exceptions within the declaration","Standard administrative template format used for agency declarations","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a formal declaration made by the federal Attorney-General in 2009 that allows the **Queensland Police Service** to use special federal powers to intercept (tap) phone calls and access telecommunications data.\n\n**What it does:**\n- Under the *Telecommunications (Interception and Access) Act 1979*, only certain approved \"agencies\" can apply for warrants to listen to phone calls or access metadata (like who called whom, when, and for how long).\n- This declaration officially adds the Queensland Police Service to that approved list.\n\n**Why it matters:**\n- Before this declaration, Queensland Police could not directly use the federal framework to intercept communications. They likely relied on state-based powers or had to work through other agencies.\n- After this declaration, Queensland Police can apply directly to courts for interception warrants and stored communications warrants under the federal Act, giving them the same telecommunications surveillance powers as federal police and other state agencies already on the list.\n\n**How it works:**\n- The Attorney-General made this declaration because:\n  1. The Queensland Premier asked for it\n  2. Queensland law already had satisfactory safeguards for handling intercepted information (section 35(1) requirement)\n  3. Queensland signed an agreement with the Commonwealth about how they'll manage these powers and share costs (section 35(2) requirement)\n\nThis is essentially a **permission slip** that brings Queensland Police into the national system for phone tapping and digital surveillance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration expands the set of bodies to which the Telecommunications (Interception and Access) Act applies by declaring the Queensland Police Service to be an \"agency for the purposes of the Act.\" The instrument itself effects that scope change but does not specify the operational or financial modalities that will follow from the change (it relies on s34 and the prerequisites in s35(1) and s35(2))."},"complexity_factors":["Legal reliance on other provisions of the Act (section 34; subsection 35(1) and (2)) requiring cross‑reference to understand full effect","Short, formal declaration with minimal operational detail — practical consequences depend on reading the referenced subsections and any intergovernmental agreement","Intergovernmental element (state law and state agreement) creates dependence on external documents not contained in the instrument","Consequence is a change of legal status rather than an operational rule, so substantive effects are dispersed across the Act and implementing arrangements"],"plain_english_summary":"This declaration records the Attorney‑General’s formal decision (under s34) to treat the Queensland Police Service as an “agency” for the Telecommunications (Interception and Access) Act 1979, made at the Premier’s request and stating satisfaction that the prerequisites in s35(1) and s35(2) are met. It changes QPS’s legal status but gives no operational, financial or procedural detail."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee","history":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee/history","analysis":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee/important-cases","documents":"/api/acts/telecommunications-interception-and-access-act-1979-declaration-of-eligible-authority-as-agency-quee/documents"}}