{"id":"F2017L00533","name":"Telecommunications (Interception and Access — Law Enforcement Conduct Commission of New South Wales) Declaration 2017","slug":"telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96305,"registerId":"commonwealth-F2017L00533-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access — Law Enforcement Conduct Commission of New South Wales) Declaration 2017","content":"![Commonwealth Coat of Arms](image.001.png)\n\nTelecommunications (Interception and Access — Law Enforcement Conduct Commission of New South Wales) Declaration 2017\n\nTelecommunications (Interception and Access) Act 1979\n\nI, George Brandis QC, Attorney-General, being satisfied that:\n\n(a) the law of the State of New South Wales 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 New South Wales 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 New South Wales.\n\nDated this 11th of May 2017.\n\nGeorge Brandis QC\n\nAttorney-General\n\n1 Name of declaration\n\nThis declaration is the Telecommunications (Interception and Access — Law Enforcement Conduct Commission of New South Wales) Declaration 2017.\n\n2 Commencement\n\n(1) This declaration commences on the later of:\n\n(a) the start of the day this declaration is registered; and\n\n(b) the day Item 4, Division 1, Part 2 of Schedule 1 of the Law Enforcement Legislation Amendment (State Bodies and Other Measures) Act 2016 commences.\n\n(2) However, this declaration does not commence at all if the event mentioned in paragraph (b) does not occur.\n\n3 Declaration of agency\n\nThe Law Enforcement Conduct Commission that is established by the Law Enforcement Conduct Commission Act 2016 of New South Wales 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) Act 1979 - Agency (Police Integrity Commission) Declaration 1998 (Federal Register of Legislative Instruments No. F2009B00190) 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.","sortOrder":0}],"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":2,"scope_assessment":{"changed":false,"description":"This declaration performs a straightforward administrative function exactly as intended by the parent Act. It replaces the 1998 declaration for the PIC with a new declaration for the LECC following NSW's agency restructure. The scope remains limited to declaring a single agency for interception purposes, consistent with the original legislative framework."},"complexity_factors":["Very short instrument — only 4 operative sections plus commencement provisions","No defined terms section — relies entirely on definitions in the parent Act (Telecommunications (Interception and Access) Act 1979)","Simple conditional commencement — just two alternative dates with a fallback 'does not commence' clause","Single substantive action — declaring one specific agency","One cross-reference revocation of a 1998 declaration","Self-executing expiry clause in section 4(2) — unusual but mechanically simple"],"plain_english_summary":"The 2017 Attorney‑General’s declaration designates the NSW Law Enforcement Conduct Commission (LECC) as an “agency” under the federal Telecommunications (Interception and Access) Act 1979, enabling the LECC to seek warrants to intercept calls, read messages and access telecommunications metadata for corruption investigations into police and other law‑enforcement personnel. It replaces the earlier PIC declaration, restoring continuity so the new NSW body retains the special federal powers and compels telcos to comply."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces the earlier agency designation for the Police Integrity Commission with a declaration that the Law Enforcement Conduct Commission is an agency under the Telecommunications (Interception and Access) Act 1979 (see s3 and s4(1)). The declaration only becomes operative on registration and when Item 4, Division 1, Part 2 of Schedule 1 of the Law Enforcement Legislation Amendment (State Bodies and Other Measures) Act 2016 commences; if that state commencement does not occur the declaration does not commence (s2(1)-(2)). The declaration is made by the Commonwealth Attorney‑General at the request of the NSW Premier (preamble)."},"complexity_factors":["Conditional commencement tied to a separate NSW legislative commencement (s2(1)(b) and s2(2)) creates temporal dependency on state law.","Cross‑instrument and cross‑jurisdiction links: relies on the existence of the LECC under the Law Enforcement Conduct Commission Act 2016 (preamble, s3) and on an agreement required by subsection 35(2) of the Telecommunications (Interception and Access) Act 1979 (preamble).","Simple substantive change (a declaratory recognition of agency status) but with consequential effects under the TIA Act (s3).","Revocation of prior instrument (Police Integrity Commission declaration) is effected (s4(1)) and accompanied by a self‑expiring revocation clause (s4(2)), which is an unusual drafting device that concentrates effect on a single day.","Decision and formality: the Commonwealth Attorney‑General makes the declaration at the Premier's request (preamble), introducing an executive coordination step that affects timing and activation."],"plain_english_summary":"This instrument declares the New South Wales Law Enforcement Conduct Commission (LECC) to be an “agency” under the Commonwealth Telecommunications (Interception and Access) Act 1979 (s3). It revokes the previous declaration covering the Police Integrity Commission (s4(1)) and only takes effect once registered and when a specified NSW provision commences; if that state provision does not commence the declaration does not commence (s2)."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec","history":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec/history","analysis":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec/important-cases","documents":"/api/acts/telecommunications-interception-and-access-law-enforcement-conduct-commission-of-new-south-wales-dec/documents"}}