{"id":"F2022L00154","name":"Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022","slug":"telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102277,"registerId":"commonwealth-F2022L00154-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 22/011\n\nTelecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022\n\nI, Karen Andrews, Minister for Home Affairs, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).\n\nDated 9 February 2022\n\nKaren Andrews\n\nMinister for Home Affairs\n\n1 Name\n\nThis instrument is the Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022.\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 New South Wales Department of Communities and Justice to be an enforcement agency.\n\n(2)For paragraph 176A(3)(b) of the Act, I declare each staff member of that part of New South Wales Department of Communities and Justice known as Corrective Services NSW to be officers of New South Wales Department of Communities and Justice 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\n(a) it only applies to that part of New South Wales Department of Communities and Justice known as Corrective Services NSW; and\n\n(b) New South Wales Department of Communities and Justice and officers of Corrective Services NSW are not to exercise the power under section 180Q of the Act.\n\n> Note New South Wales Department of Communities and Justice 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":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2138},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains a tightly constrained scope consistent with its purpose, limited exclusively to Corrective Services NSW (excluding the broader Department) and explicitly prohibiting access to stored communications powers under section 180Q."},"complexity_factors":["Short administrative declaration with only 4 operative sections and no internal definitions","Complete reliance on external statutory framework (requires cross-referencing sections 176A and 180Q of the parent Act to understand operative effect)","No conditional logic, exceptions, or interpretative provisions within the instrument itself"],"plain_english_summary":"This instrument allows **Corrective Services NSW** (the prison and parole authority) to apply for warrants to intercept live telecommunications during criminal investigations.\n\n**What it does:**\n- Declares Corrective Services NSW to be an \"enforcement agency\" under the federal *Telecommunications (Interception and Access) Act 1979*\n- Lets Corrective Services staff be appointed as \"officers\" who can apply for judicial warrants to monitor phone calls and internet data in real-time\n\n**Important restriction:**\n- **Cannot access stored communications** — meaning they cannot get warrants to read saved emails, text messages, or voicemails already stored on devices (only live interception is permitted)\n\n**Why it matters:**\nThis gives prison authorities the legal tools to investigate criminal activity inside correctional facilities — such as inmates using smuggled mobile phones to coordinate drug deals or threaten witnesses from behind bars — by intercepting communications as they happen."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just","history":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just/history","analysis":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just/important-cases","documents":"/api/acts/telecommunications-interception-and-access-enforcement-agency-nsw-department-of-communities-and-just/documents"}}