{"id":"F2025L01361","name":"Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025","slug":"telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107396,"registerId":"commonwealth-F2025L01361-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025.\n\n#### 3 Authority\n\n  This instrument is made under section 6R of the Telecommunications (Interception and Access) Act 1979.\n\n#### 4 Definitions\n\n  (1) In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n> APS1-6 means, in relation to a position, a position that is at an approved classification mentioned in any of table items 1 to 6 under subsection (2).\n\n> Criminal Justice Division means the work unit in the Department known as the Criminal Justice Division.\n\n> Department means the Department of Home Affairs.\n\n> Head of National Security means the SES3 position known by the title Head of National Security.\n\n> ICP Determination means the Interception Capability Plan Determination 2024, made under subsection 195(4) of the Act.\n\n> Identity Checks Determination means the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, made under subsection 99(1) of the Telecommunications Act.\n\n> Law Enforcement and Domestic Security Group means the work unit in the Department known as the Law Enforcement and Domestic Security Group.\n\n> Office of the Communications Access Coordinator means the work unit in the Department known as the Office of the Communications Access Coordinator.\n\n> position means a position in the Department.\n\n> Telecommunications Act means the Telecommunications Act 1997.\n\n  (2) In this instrument, a term mentioned in an item of the following table refers to the approved classification under the Public Service Classification Rules 2000 mentioned in the same table item.\n\n| Item | Column 1Term | Column 2Approved classification |\n| ---- | ------------ | ------------------------------- |\n| 1    | APS1         | APS Level 1                     |\n| 2    | APS2         | APS Level 2                     |\n| 3    | APS3         | APS Level 3                     |\n| 4    | APS4         | APS Level 4                     |\n| 5    | APS5         | APS Level 5                     |\n| 6    | APS6         | APS Level 6                     |\n| 7    | EL1          | Executive Level 1               |\n| 8    | EL2          | Executive Level 2               |\n| 9    | SES1         | Senior Executive Band 1         |\n| 10   | SES2         | Senior Executive Band 2         |\n| 11   | SES3         | Senior Executive Band 3         |\n\n## Part 2—Communications Access Coordinator\n\n#### 6 Specification of classes of persons\n\n  For the purposes of paragraph (b) of the definition of Communications Access Coordinator in subsection 6R(1) of the Act, a person who from time to time holds, occupies or performs the duties of any of the following positions is specified:\n    (a) Head of National Security;\n    (b) an SES3 position in the Law Enforcement and Domestic Security Group;\n    (c) an SES1 or SES2 position in the Criminal Justice Division;\n    (d) an EL2 position in the Office of the Communications Access Coordinator;\n    (e) an EL1 position in the Office of the Communications Access Coordinator;\n    (f) an APS1-APS6 position in the Office of the Communications Access Coordinator.\n\n#### 7 Specification of functions and powers—SES Employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Act are specified:\n    (a) section 183;\n    (b) section 187B;\n    (c) section 187F;\n    (d) subsection 187G(1);\n    (e) subsection 187G(2);\n    (f) subsection 187G(4);\n    (g) subsection 187G(6);\n    (h) section 187J;\n    (i) subsection 187K(1);\n    (j) paragraph 187K(5)(a);\n    (k) paragraph 187K(5)(b);\n    (l) subsection 187K(6);\n    (m) subsection 187K(7);\n    (n) subsection 187K(8);\n    (o) section 187L;\n    (p) subsection 188(2);\n    (q) paragraph 188(9)(c);\n    (r) subsection 188(4);\n    (s) section 192;\n    (t) section 196;\n    (u) section 197;\n    (v) section 198;\n    (w) section 202;\n    (x) section 202B;\n    (y) section 202C;\n    (z) subsection 203(1);\n    (za) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 56A;\n    (c) section 317ZF.\n  Powers and functions under subordinate instruments\n  (3) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following instruments are specified:\n    (a) the ICP Determination;\n    (b) the Identity Checks Determination.\n\n#### 8 Specification of functions and powers—certain Executive Level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) subsection 187G(2);\n    (c) subsection 187G(4);\n    (d) paragraph 187K(5)(a);\n    (e) section 187L;\n    (f) subsection 188(2);\n    (g) paragraph 188(9)(c);\n    (h) section 192;\n    (i) section 196;\n    (j) section 197;\n    (k) section 198;\n    (l) section 202;\n    (m) section 202C;\n    (n) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.\n\n#### 9 Specification of functions and powers—certain APS1-6 level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) paragraph 187K(5)(a);\n    (c) section 187L;\n    (d) subsection 188(2);\n    (e) paragraph 188(9)(c);\n    (f) section 202;\n    (g) section 202C;\n    (h) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 6R of the Telecommunications (Interception and Access) Act 1979.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n> APS1-6 means, in relation to a position, a position that is at an approved classification mentioned in any of table items 1 to 6 under subsection (2).\n\n> Criminal Justice Division means the work unit in the Department known as the Criminal Justice Division.\n\n> Department means the Department of Home Affairs.\n\n> Head of National Security means the SES3 position known by the title Head of National Security.\n\n> ICP Determination means the Interception Capability Plan Determination 2024, made under subsection 195(4) of the Act.\n\n> Identity Checks Determination means the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, made under subsection 99(1) of the Telecommunications Act.\n\n> Law Enforcement and Domestic Security Group means the work unit in the Department known as the Law Enforcement and Domestic Security Group.\n\n> Office of the Communications Access Coordinator means the work unit in the Department known as the Office of the Communications Access Coordinator.\n\n> position means a position in the Department.\n\n> Telecommunications Act means the Telecommunications Act 1997.\n\n  (2) In this instrument, a term mentioned in an item of the following table refers to the approved classification under the Public Service Classification Rules 2000 mentioned in the same table item.\n\n| Item | Column 1Term | Column 2Approved classification |\n| ---- | ------------ | ------------------------------- |\n| 1    | APS1         | APS Level 1                     |\n| 2    | APS2         | APS Level 2                     |\n| 3    | APS3         | APS Level 3                     |\n| 4    | APS4         | APS Level 4                     |\n| 5    | APS5         | APS Level 5                     |\n| 6    | APS6         | APS Level 6                     |\n| 7    | EL1          | Executive Level 1               |\n| 8    | EL2          | Executive Level 2               |\n| 9    | SES1         | Senior Executive Band 1         |\n| 10   | SES2         | Senior Executive Band 2         |\n| 11   | SES3         | Senior Executive Band 3         |","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Communications Access Coordinator","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  This instrument is the Telecommunications (Interception and Access) (Communications Access Coordinator) Instrument (No. 2) 2025.\n\n#### 3 Authority\n\n  This instrument is made under section 6R of the Telecommunications (Interception and Access) Act 1979.\n\n#### 4 Definitions\n\n  (1) In this instrument:\n\n> Act means the Telecommunications (Interception and Access) Act 1979.\n\n> APS1-6 means, in relation to a position, a position that is at an approved classification mentioned in any of table items 1 to 6 under subsection (2).\n\n> Criminal Justice Division means the work unit in the Department known as the Criminal Justice Division.\n\n> Department means the Department of Home Affairs.\n\n> Head of National Security means the SES3 position known by the title Head of National Security.\n\n> ICP Determination means the Interception Capability Plan Determination 2024, made under subsection 195(4) of the Act.\n\n> Identity Checks Determination means the Telecommunications (Service Provider — Identity Checks for Prepaid Mobile Carriage Services) Determination 2017, made under subsection 99(1) of the Telecommunications Act.\n\n> Law Enforcement and Domestic Security Group means the work unit in the Department known as the Law Enforcement and Domestic Security Group.\n\n> Office of the Communications Access Coordinator means the work unit in the Department known as the Office of the Communications Access Coordinator.\n\n> position means a position in the Department.\n\n> Telecommunications Act means the Telecommunications Act 1997.\n\n  (2) In this instrument, a term mentioned in an item of the following table refers to the approved classification under the Public Service Classification Rules 2000 mentioned in the same table item.\n\n| Item | Column 1Term | Column 2Approved classification |\n| ---- | ------------ | ------------------------------- |\n| 1    | APS1         | APS Level 1                     |\n| 2    | APS2         | APS Level 2                     |\n| 3    | APS3         | APS Level 3                     |\n| 4    | APS4         | APS Level 4                     |\n| 5    | APS5         | APS Level 5                     |\n| 6    | APS6         | APS Level 6                     |\n| 7    | EL1          | Executive Level 1               |\n| 8    | EL2          | Executive Level 2               |\n| 9    | SES1         | Senior Executive Band 1         |\n| 10   | SES2         | Senior Executive Band 2         |\n| 11   | SES3         | Senior Executive Band 3         |\n\n## Part 2—Communications Access Coordinator\n\n#### 6 Specification of classes of persons\n\n  For the purposes of paragraph (b) of the definition of Communications Access Coordinator in subsection 6R(1) of the Act, a person who from time to time holds, occupies or performs the duties of any of the following positions is specified:\n    (a) Head of National Security;\n    (b) an SES3 position in the Law Enforcement and Domestic Security Group;\n    (c) an SES1 or SES2 position in the Criminal Justice Division;\n    (d) an EL2 position in the Office of the Communications Access Coordinator;\n    (e) an EL1 position in the Office of the Communications Access Coordinator;\n    (f) an APS1-APS6 position in the Office of the Communications Access Coordinator.\n\n#### 7 Specification of functions and powers—SES Employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Act are specified:\n    (a) section 183;\n    (b) section 187B;\n    (c) section 187F;\n    (d) subsection 187G(1);\n    (e) subsection 187G(2);\n    (f) subsection 187G(4);\n    (g) subsection 187G(6);\n    (h) section 187J;\n    (i) subsection 187K(1);\n    (j) paragraph 187K(5)(a);\n    (k) paragraph 187K(5)(b);\n    (l) subsection 187K(6);\n    (m) subsection 187K(7);\n    (n) subsection 187K(8);\n    (o) section 187L;\n    (p) subsection 188(2);\n    (q) paragraph 188(9)(c);\n    (r) subsection 188(4);\n    (s) section 192;\n    (t) section 196;\n    (u) section 197;\n    (v) section 198;\n    (w) section 202;\n    (x) section 202B;\n    (y) section 202C;\n    (z) subsection 203(1);\n    (za) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 56A;\n    (c) section 317ZF.\n  Powers and functions under subordinate instruments\n  (3) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following instruments are specified:\n    (a) the ICP Determination;\n    (b) the Identity Checks Determination.\n\n#### 8 Specification of functions and powers—certain Executive Level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) subsection 187G(2);\n    (c) subsection 187G(4);\n    (d) paragraph 187K(5)(a);\n    (e) section 187L;\n    (f) subsection 188(2);\n    (g) paragraph 188(9)(c);\n    (h) section 192;\n    (i) section 196;\n    (j) section 197;\n    (k) section 198;\n    (l) section 202;\n    (m) section 202C;\n    (n) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.\n\n#### 9 Specification of functions and powers—certain APS1-6 level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) paragraph 187K(5)(a);\n    (c) section 187L;\n    (d) subsection 188(2);\n    (e) paragraph 188(9)(c);\n    (f) section 202;\n    (g) section 202C;\n    (h) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Specification of classes of persons","content":"#### 6 Specification of classes of persons\n\n  For the purposes of paragraph (b) of the definition of Communications Access Coordinator in subsection 6R(1) of the Act, a person who from time to time holds, occupies or performs the duties of any of the following positions is specified:\n    (a) Head of National Security;\n    (b) an SES3 position in the Law Enforcement and Domestic Security Group;\n    (c) an SES1 or SES2 position in the Criminal Justice Division;\n    (d) an EL2 position in the Office of the Communications Access Coordinator;\n    (e) an EL1 position in the Office of the Communications Access Coordinator;\n    (f) an APS1-APS6 position in the Office of the Communications Access Coordinator.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Specification of functions and powers—SES Employees","content":"#### 7 Specification of functions and powers—SES Employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Act are specified:\n    (a) section 183;\n    (b) section 187B;\n    (c) section 187F;\n    (d) subsection 187G(1);\n    (e) subsection 187G(2);\n    (f) subsection 187G(4);\n    (g) subsection 187G(6);\n    (h) section 187J;\n    (i) subsection 187K(1);\n    (j) paragraph 187K(5)(a);\n    (k) paragraph 187K(5)(b);\n    (l) subsection 187K(6);\n    (m) subsection 187K(7);\n    (n) subsection 187K(8);\n    (o) section 187L;\n    (p) subsection 188(2);\n    (q) paragraph 188(9)(c);\n    (r) subsection 188(4);\n    (s) section 192;\n    (t) section 196;\n    (u) section 197;\n    (v) section 198;\n    (w) section 202;\n    (x) section 202B;\n    (y) section 202C;\n    (z) subsection 203(1);\n    (za) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 56A;\n    (c) section 317ZF.\n  Powers and functions under subordinate instruments\n  (3) In relation to a person who is specified in paragraph 6(a), (b) or (c), the functions or powers under the following instruments are specified:\n    (a) the ICP Determination;\n    (b) the Identity Checks Determination.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Specification of functions and powers—certain Executive Level employees","content":"#### 8 Specification of functions and powers—certain Executive Level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) subsection 187G(2);\n    (c) subsection 187G(4);\n    (d) paragraph 187K(5)(a);\n    (e) section 187L;\n    (f) subsection 188(2);\n    (g) paragraph 188(9)(c);\n    (h) section 192;\n    (i) section 196;\n    (j) section 197;\n    (k) section 198;\n    (l) section 202;\n    (m) section 202C;\n    (n) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(d) or (e), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Specification of functions and powers—certain APS1-6 level employees","content":"#### 9 Specification of functions and powers—certain APS1-6 level employees\n\n  Powers and functions under the Act\n  (1) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Act are specified:\n    (a) subsection 187G(1);\n    (b) paragraph 187K(5)(a);\n    (c) section 187L;\n    (d) subsection 188(2);\n    (e) paragraph 188(9)(c);\n    (f) section 202;\n    (g) section 202C;\n    (h) subsection 203(3).\n  Powers and functions under the Telecommunications Act\n  (2) In relation to a person who is specified in paragraph 6(f), the functions or powers under the following provisions of the Telecommunications Act are specified:\n    (a) section 53A;\n    (b) section 317ZF.","sortOrder":8}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument appears to be operating within its intended scope as a machinery provision for delegating authority. It does not expand the underlying powers in the parent Act but rather distributes existing powers among specified positions according to seniority level."},"complexity_factors":["Extensive cross-referencing to external legislation (Telecommunications (Interception and Access) Act 1979, Telecommunications Act 1997, Public Service Classification Rules 2000, and two determinations)","Hierarchical delegation structure with three distinct tiers of authority (SES, EL, APS) requiring careful mapping of powers to positions","27 specific legislative provisions delegated to SES employees across two Acts and subordinate instruments","14 specific provisions delegated to EL employees","10 specific provisions delegated to APS employees","Reliance on Public Service classification system (APS1-6, EL1-2, SES1-3) which requires external knowledge of Australian Public Service structure","Multiple defined terms (10 definitions) including references to specific organisational units within Department of Home Affairs"],"plain_english_summary":"This instrument designates which Department of Home Affairs officials may act as the Communications Access Coordinator under Australia’s interception laws, creating a three-tier delegation: senior executives (broad powers), Executive Level managers (limited operational powers), and APS staff (administrative duties). It matters because it determines who can compel telecommunications providers to assist with interception capabilities, customer identity checks and compliance activities, balancing sensitive authority with routine administrative delegation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"By expressly naming classes of Home Affairs positions as Communications Access Coordinators and allocating specific powers to each class (paras 6–9), the instrument defines and thereby changes who may exercise interception/access functions under the Act and Telecommunications Act. It shifts operational scope from an unspecified single coordinator to a set of identified roles with tiered authorities, affecting who decides and who must comply."},"complexity_factors":["Cross-references to many provisions of the Telecommunications (Interception and Access) Act 1979 (listed at paras 7(1), 8(1), 9(1)) increase interpretive load about the scope of each delegated power.","Different employee classifications (SES1–SES3, EL1–EL2, APS1–APS6) receive distinct, overlapping sets of powers (paras 6–9), creating tiered authority that must be tracked operationally.","References to provisions in the Telecommunications Act 1997 (paras 7(2), 8(2), 9(2)) and to subordinate instruments (ICP Determination, Identity Checks Determination at para 7(3)) extend dependencies beyond this instrument.","Reliance on external instruments and rules (Public Service Classification Rules 2000 for class meanings at s4(2)) means legal effect depends on other sources that may change.","Repetition across clauses and multiple cross-references to subsections (e.g. numerous 187K and 187G subparagraphs) raises risk of oversight when applying a particular power to a specific role."],"plain_english_summary":"**What it does:** Specifies which Department of Home Affairs positions count as the 'Communications Access Coordinator' and which statutory interception, access and telecommunications powers they may exercise (paras 6–9).  \nWho it affects and why it matters: Home Affairs staff in the named SES/EL/APS roles, agencies and communications service providers who must comply with access/interception directions — because the instrument determines who may authorise, direct or engage with powers under the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025","history":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025/history","analysis":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025/important-cases","documents":"/api/acts/telecommunications-interception-and-access-communications-access-coordinator-instrument-no-2-2025/documents"}}