{"id":"F2012L02551","name":"Telecommunications (Interception and Access-Independent Broad-based Anti-corruption Commission of Victoria) Declaration 2012","slug":"telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":126740,"registerId":"commonwealth-F2012L02551-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access-Independent Broad-based Anti-corruption Commission of Victoria) Declaration 2012","content":"![Commonwealth Coat of Arms](image.001.png)\n\nTelecommunications (Interception and Access—Independent Broad‑based Anti‑corruption Commission of Victoria) Declaration 20121\n\nTelecommunications (Interception and Access) Act 1979\n\nI, Nicola Roxon, Attorney-General, being satisfied that:\n\n(a) the law of the State of Victoria makes satisfactory provision for the matters mentioned in subsection 35 (1) of the Telecommunications (Interception and Access) Act 1979; and\n\n(b) the State of Victoria has entered into an agreement as required by subsection 35 (2) of that Act;\n\nmake the following declaration under section 34 of that Act, at the request of the Premier of the State of Victoria.\n\nDated 18 December 2012\n\nNICOLA ROXON\n\nAttorney-General\n\n1 Name of declaration\n\nThis declaration is the Telecommunications (Interception and Access—Independent Broad‑based Anti‑corruption Commission of Victoria) Declaration 2012.\n\n2 Commencement\n\nThis declaration commences on the commencement of section 16 of the Independent Broad-based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria.\n\n3 Declaration of agency\n\nThe Independent Broad-based Anti‑corruption Commission that is established by the Independent Broad-based Anti‑corruption Commission Act 2011 of Victoria is declared to be an agency for the purposes of the Telecommunications (Interception and Access) Act 1979.\n\n4 Revocation\n\n(1) The Declaration of eligible authority as agency — Office of Police Integrity (Federal Register of Legislative Instruments No. F2006L04185) is revoked.\n\n(2) This section expires at the end of the day on which this section commences as if this section had been repealed by another legislative instrument.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See [www.comlaw.gov.au](http://www.comlaw.gov.au/).","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration performs exactly its intended function: transferring telecommunications interception powers from one Victorian integrity body (Office of Police Integrity) to its statutory successor (IBAC). The scope remains tightly confined to this administrative machinery change with no expansion of substantive surveillance powers or extension to new categories of investigations."},"complexity_factors":["Only 4 operative sections with minimal conditional logic","No defined terms section — relies entirely on external statutory references (Telecommunications (Interception and Access) Act 1979, Victorian IBAC legislation)","Single cross-reference dependency — the entire instrument's effect hinges on satisfaction of subsections 35(1) and 35(2) of the TIA Act","Self-executing revocation mechanism with automatic expiry (section 4(2))","No exceptions, nested conditions, or discretionary powers contained within the instrument itself"],"plain_english_summary":"In 2012 the federal Attorney‑General declared Victoria’s Independent Broad‑based Anti‑corruption Commission (IBAC) an “agency” under federal telecommunications interception laws, restoring the covert‑surveillance powers formerly held by the Office of Police Integrity. The move lets IBAC seek judicial warrants to intercept phone, email and other communications during serious corruption probes, affecting investigators, targets of investigations and telecommunications providers required to comply. It aligns IBAC’s technical capabilities with other law enforcement bodies while retaining warrant safeguards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces the earlier eligible‑authority designation for the Office of Police Integrity by declaring the Independent Broad‑based Anti‑corruption Commission an 'agency' for Telecommunications (Interception and Access) Act purposes (see s3 and s4(1)). Effectiveness is conditional on commencement of section 16 of the Victorian Amendment Act (s2). Who makes the declaration is specified (Attorney‑General at Premier's request in the preamble). The instrument does not state any funding or compliance costs."},"complexity_factors":["Intergovernmental linkage: the declaration depends on the commencement of a specific provision of a Victorian Act (section 2 references Victoria’s Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012).","Legal formalism: operative effect is a legal status change (s3 declares the IBAC an 'agency' under the Telecommunications (Interception and Access) Act 1979) rather than substantive regulatory rules.","Revocation and temporal detail: it expressly revokes a prior declaration (s4(1)) and contains an expiry-style provision for that revocation clause (s4(2)), adding a timing/administration detail.","Decision path recorded: instrument is made by the Commonwealth Attorney‑General at the Premier’s request (preamble), showing executive coordination rather than legislative amendment.","Low operational complexity but high coordination sensitivity: few operative provisions, but effective implementation depends on the timing of the State provision commencing and inter‑jurisdictional administration."],"plain_english_summary":"This instrument declares Victoria’s Independent Broad‑based Anti‑corruption Commission (IBAC) to be an “agency” under the Telecommunications (Interception and Access) Act 1979, so IBAC is covered by that Commonwealth interception/access regime. It takes effect when section 16 of Victoria’s IBAC Amendment Act 2012 commences and revokes the earlier declaration that named the Office of Police Integrity."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic","history":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic/history","analysis":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic/important-cases","documents":"/api/acts/telecommunications-interception-and-access-independent-broad-based-anti-corruption-commission-of-vic/documents"}}