{"id":"F2024L01754","name":"Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2024","slug":"telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105780,"registerId":"commonwealth-F2024L01754-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2024","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nTelecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2024\n\nI, the Hon Mark Dreyfus KC MP, Attorney-General, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).\n\nDated 23 December 2024\n\nThe Hon Mark Dreyfus KC MP\n\nAttorney-General\n\n1 Name\n\nThis instrument is the Telecommunications (Interception and Access) (Enforcement Agency—Corrective Services NSW) Declaration 2024.\n\n2 Commencement\n\nThis 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 Declaration\n\n(1) For paragraph 176A(3)(a) of the Act, I declare Corrective Services NSW to be an enforcement agency.\n\n(2) For paragraph 176A(3)(b) of the Act, I declare each staff member of Corrective Services NSW to be officers of Corrective Services NSW for the purposes of the Act.\n\n4 Conditions\n\n(1) Under subsection 176A(6) of the Act, this declaration is subject to the following conditions:\n\n1.  Officers of Corrective Services NSW 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":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument expands the set of entities treated as enforcement agencies under the Act by declaring Corrective Services NSW and its staff to be an enforcement agency and officers (cl.3(1)–(2)). It simultaneously narrows operational scope by forbidding use of the specific power in section 180Q (cl.4(1); note cites s176A(7))."},"complexity_factors":["Narrow, single-agency scope — only Corrective Services NSW is declared an enforcement agency (cl.3(1)).","Simple personnel designation — all staff declared officers (cl.3(2)).","Explicit, single operational limitation — officers are prohibited from using section 180Q (cl.4(1)).","Cross-references to multiple provisions of the parent Act (s176A and s180Q), requiring readers to consult the Act to see full effects.","Administrative implementation work (training, compliance systems, records) for the agency despite legal simplicity.","Decision-maker concentrated: Attorney‑General exercises power to declare under s176A, so scope depends on that executive instrument."],"plain_english_summary":"This instrument declares Corrective Services NSW to be an \"enforcement agency\" under the Telecommunications (Interception and Access) Act and its staff to be officers, giving them legal status to use interception and stored‑communications powers. It was made by the Attorney‑General and begins the day after registration. The declaration expressly forbids those officers from exercising the power in section 180Q. The instrument creates no new fees; it reallocates compliance duties and grants limited enforcement discretion to Corrective Services NSW."},"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 a state agency to be an enforcement agency with specified conditions. The scope remains tightly constrained to this specific purpose."},"complexity_factors":["Very short instrument (4 sections, approximately 250 words)","Only 2 substantive provisions (declaration of agency and officers)","Single condition limiting one specific power (section 180Q)","No defined terms beyond references to existing Act definitions","No nested exceptions or conditional logic","Straightforward declaratory structure with minimal cross-referencing"],"plain_english_summary":"This Attorney‑General instrument declares Corrective Services NSW an \"enforcement agency\" under the Telecommunications (Interception and Access) Act 1979 and its staff as officers, allowing the agency to apply for warrants to obtain telecommunications data (metadata, some content) to investigate serious offences connected to prisoners, parolees, or correctional facilities.\n\nA key limit: officers cannot use the Act’s emergency authorisation (s180Q), so urgent access still requires a warrant or other authorisation."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20","history":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20/history","analysis":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20/important-cases","documents":"/api/acts/telecommunications-interception-and-access-enforcement-agency-corrective-services-nsw-declaration-20/documents"}}