{"id":"F2023L01128","name":"Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023","slug":"telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104751,"registerId":"commonwealth-F2023L01128-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 2023","content":"![Commonwealth Coat of Arms](image.001.png)\n\nTelecommunications (Interception and Access — Independent Commission Against Corruption of South Australia) Declaration 20231\n\nTelecommunications (Interception and Access) Act 1979\n\nI, Mark Dreyfus KC, Attorney-General, being satisfied that:\n\n(a) the law of the State of South Australia 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 South Australia 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 South Australia.\n\nDated 24 August 2023\n\nMark Dreyfus\n\nAttorney-General\n\n1 Name of declaration\n\nThis declaration is the Telecommunications (Interception and Access—Independent Commission Against Corruption of South Australia) Declaration 2023.\n\n2 Commencement\n\nThis declaration commences on the later of the day after this instrument is registered and the Crimes and Other Legislation Amendment (Omnibus) Act 2023 receives Royal Assent.\n\n3 Declaration of agency\n\nThe Independent Commission Against Corruption that is established by the Independent Commission Against Corruption (CPIPC Recommendations) Amendment Act 2021 of South Australia is declared to be an agency for the purposes of the Telecommunications (Interception and Access) Act 1979.\n\n4 Revocation\n\n(1) The Telecommunications (Interception and Access – Independent Commissioner Against Corruption of South Australia) Declaration 2013 (Federal Register of Legislative Instruments No. F2013L01146) 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":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration maintains the original scope of the legislative scheme. It simply updates the agency name from the 2013 'Independent Commissioner Against Corruption' to the 2021 'Independent Commission Against Corruption' following SA's legislative restructuring. The substantive powers being conferred remain identical to those available under the 2013 declaration."},"complexity_factors":["Very short instrument: only 4 operative sections plus commencement machinery","No defined terms section — relies entirely on definitions in the parent Act (Telecommunications (Interception and Access) Act 1979)","Single cross-reference: to section 34 of the parent Act (the power to make the declaration)","Simple conditional commencement: 'later of' two dates, a standard legislative drafting technique","Self-executing revocation clause with automatic expiry (section 4(2)), which is unusual but not complex in operation","No nested exceptions, no conditional logic beyond the commencement trigger"],"plain_english_summary":"South Australia’s declaration lets the state’s Independent Commission Against Corruption use federal telecommunications interception and access powers to obtain phone, message and metadata for corruption probes. It replaces a 2013 declaration for the prior office, affects SA public officials and telcos compelled to comply, and matters because it gives ICAC the federal-level toolkit needed for serious corruption investigations. It only takes effect once the referenced federal Act receives Royal Assent."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument continues and updates the prior approach by declaring ICAC SA an 'agency' under the TIA Act and revoking the 2013 declaration; it does not add new categories of agencies or specify additional powers beyond applying the TIA Act to ICAC SA. Commencement is conditional (s2) and the prior instrument is revoked (s4)."},"complexity_factors":["Cross-reference to the Telecommunications (Interception and Access) Act 1979 for substantive effect (s3).","Conditional commencement tied to registration and a separate Act receiving Royal Assent (s2).","Revocation of an earlier instrument, including a self-expiring revocation provision (s4).","Decision-making triggered by the Attorney‑General's satisfaction about state law adequacy and a state–Commonwealth agreement (preamble).","Narrow substantive change (declaratory effect) limiting legislative complexity."],"plain_english_summary":"This instrument declares the Independent Commission Against Corruption (South Australia) to be an 'agency' under the Telecommunications (Interception and Access) Act 1979, applying that federal law to ICAC SA (s3). It revokes the 2013 declaration and commences when registered and when the Crimes and Other Legislation Amendment (Omnibus) Act 2023 receives Royal Assent (s4; s2).\n\nThe Attorney‑General made the declaration after being satisfied state law and an agreement met TIA Act conditions; the declaration changes ICAC SA's legal status and the obligations/permissions that follow under the TIA Act (preamble; s3)."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra","history":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra/history","analysis":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra/important-cases","documents":"/api/acts/telecommunications-interception-and-access-independent-commission-against-corruption-of-south-austra/documents"}}