{"id":"F2026L00054","name":"Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026","slug":"telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443130,"registerId":"F2026L00054-fast-fetch-1775958041213","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 26/010\n\n \n\nTelecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026\n\nI, Tony Burke, Minister for Home Affairs, under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979, make the following instrument.\n\nDated   23 January 2026\n\nSigned\n\nTony Burke\n\nMinister for Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Obligation to keep records\n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026.\n\n2  Commencement\n\n  This instrument commences on 1 April 2026.\n\n3  Authority\n\n  This instrument is made under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:\n\n1.      enforcement agency;\n2.      journalist information warrant;\n3.      Part 4-1 issuing authority;\n4.      Public interest advocate.\n\n\n  In this instrument:\n\nAct means the Telecommunications (Interception and Access) Act 1979.\n\n5  Obligation to keep records\n\n  For the purposes of paragraph 186A(1)(j) of the Act, the following kinds of documents and other materials are prescribed:\n\n (a) each written application for a journalist information warrant made by the enforcement agency;\n\n (b) documents or other materials that indicate each occasion on which a Public Interest Advocate was given a copy of a written application for a journalist information warrant made by the enforcement agency;\n\n (c) documents or other materials that indicate each occasion on which a Public Interest Advocate was notified of a proposed oral application for a journalist information warrant made by the enforcement agency;\n\n (d) each document containing further information given to a Part 4-1 issuing authority in relation to an application for a journalist information warrant made by the enforcement agency;\n\n (e) if a Public Interest Advocate is given a document containing further information, or a summary of further information that was given orally to a Part 4-1 issuing authority, in relation to an application for a journalist information warrant made by the enforcement agency—each such document given to the Public Interest Advocate; and\n\n (f) each submission, including any new or updated submissions, prepared by a Public Interest Advocate in relation to an application for a journalist information warrant made by the enforcement agency.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change who is subject to the statutory requirement; it prescribes which documents count for the existing obligation under paragraph 186A(1)(j) of the Telecommunications (Interception and Access) Act 1979. It clarifies record categories (cl. 5) but does not amend the Act or expand the classes of persons or powers covered."},"complexity_factors":["Narrow subject matter: applies only to records relating to journalist information warrants (cl. 5).","Multiple prescribed categories: six distinct kinds of documents are listed, increasing checklist complexity for agencies (cl. 5(a)–(f)).","Cross-references to statutory definitions and provisions: relies on subsection 5(1) of the Act for key terms and paragraph 186A(1)(j) as the enabling obligation (Instrument header; cl. 4; cl. 5).","Operational detail required: obligations include tracking notifications of proposed oral applications and summaries of orally given further information (cl. 5(c), 5(e)), which can be harder to document than written records.","No retention period or form specified: instrument prescribes what to keep but not how long or in what format, leaving implementation choices to agencies (cl. 5).","Multiple institutional actors affected: enforcement agencies, the Public Interest Advocate and Part 4‑1 issuing authorities must coordinate record exchange and capture (cl. 4 note; cl. 5)."],"plain_english_summary":"This instrument tells enforcement agencies exactly which records they must keep about applications for journalist information warrants. It prescribes retention of applications, records of when the Public Interest Advocate was given or notified of an application (including oral applications), any further information provided to issuing authorities, documents passed to the Advocate, and submissions prepared by the Advocate. It affects enforcement agencies, the Public Interest Advocate and Part 4‑1 issuing authorities by fixing what must be retained to support oversight and later review."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs a narrow, technical function exactly as authorised by subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979. It simply prescribes specific record-keeping categories for journalist information warrant applications. There is no evidence of scope creep; it does exactly what the parent Act contemplates and nothing more."},"complexity_factors":["Very short instrument (only 5 sections, approximately 1 page)","No defined terms of its own - relies entirely on definitions in the parent Act (subsection 5(1))","Single operative provision (section 5) with a straightforward list structure (paragraphs (a) through (f))","No cross-references beyond the enabling provision (subsection 186A(2)) and the parent Act definitions","No conditional logic, exceptions, or temporal limitations","Simple prescriptive language ('the following kinds of documents... are prescribed')"],"plain_english_summary":"This instrument obliges law enforcement and national security agencies to keep a detailed paper trail whenever they seek a journalist information warrant to identify reporters’ sources. It also formalises recordkeeping around the independent Public Interest Advocate’s receipt of and responses to those applications.\n\nBy preserving applications, supplementary material, and the Advocate’s submissions, the measure strengthens accountability, oversight and legal scrutiny of secret warrants that can expose confidential sources."},"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-obligation-to-keep-records-instrument-2026","history":"/api/acts/telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026/history","analysis":"/api/acts/telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026/analysis","conflicts":"/api/acts/telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026/conflicts","importantCases":"/api/acts/telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026/important-cases","documents":"/api/acts/telecommunications-interception-and-access-obligation-to-keep-records-instrument-2026/documents"}}