{"id":"tas:act-1999-036","name":"Telecommunications (Interception) Tasmania Act 1999","slug":"telecommunications-interception-tasmania-act-1999","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"36 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105914,"registerId":"tas-act-1999-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Telecommunications (Interception) Tasmania Act 1999](/view/html/inforce/2026-04-12/act-1999-036) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***Commissioner*** means the Commissioner of Police in this State;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 18 of 2008, s. 45, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS45@EN) ***Commonwealth Act*** means the *Telecommunications (Interception and Access) Act 1979* of the Commonwealth;\n> > \n> > > ***Commonwealth Minister*** means the Minister administering the Commonwealth Act;\n> > \n> > > ***contravene*** includes fail to comply with;\n> > \n> > > ***inspecting officer*** means –\n> > > \n> > > > > (a) the Ombudsman; and\n> > > > \n> > > > > (b) an officer of the Ombudsman authorised by the Ombudsman to undertake an inspection;\n> > \n> > > ***inspection*** means an inspection under [Part 3](#HP3@EN) ;\n> > \n> > > ***officer of the Ombudsman*** has the same meaning as in the [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> > \n> > > ***Ombudsman*** has the same meaning as in the [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> > \n> > > ***possession*** includes custody and control;\n> > \n> > > ***regulations*** means regulations made and in force under this Act;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja72@GC1@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja72@GC1@EN) ***Tasmania Police Service*** means the Police Service as defined in the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-999) .\n> \n> > (2)  Unless the contrary intention appears, each of the following expressions has the same meaning as in the Commonwealth Act:\n> > \n> > > > (a) agency;\n> > > \n> > > > (b) certifying officer;\n> > > \n> > > > (c) [*\\[Section 3 Subsection (2) amended by No. 32 of 2004, s. 4, Applied:27 Oct 2004\\]*](/view/html/inforce/2004-10-27/act-2004-032#GS4@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (d) premises;\n> > > \n> > > > (e) restricted record;\n> > > \n> > > > (f) warrant;\n> > > \n> > > > (g) any other expression not defined in [subsection (1)](#GS3@Gs1@EN) but defined in the Commonwealth Act.\n> \n> > (3)  A reference in this Act to an Act of the Commonwealth is a reference to that Act as amended from time to time.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Keeping of records of telecommunications interceptions","content":"# Part 2 Keeping of records of telecommunications interceptions","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Records connected with issue of warrants","content":"### 4 Records connected with issue of warrants\n\n> The Commissioner must keep in the records of the Tasmania Police Service –\n> \n> > > (a) each warrant issued to the Tasmania Police Service; and\n> > \n> > > (b) a copy of each notification of the issue of a warrant given under section 53(1)(b) of the Commonwealth Act; and\n> > \n> > > (c) each instrument revoking a warrant issued to the Tasmania Police Service; and\n> > \n> > > (d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer of the Tasmania Police Service; and\n> > \n> > > (e) each authorisation made by the Commissioner under section 66(2) of the Commonwealth Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Other records connected with an interception","content":"### 5 Other records connected with an interception\n\n> > (1)  The Commissioner must cause the following particulars and statements to be recorded as soon as practicable after the occurrence of the event to which they relate:\n> > \n> > > > (a) particulars of each telephone application for a warrant made on behalf of the Tasmania Police Service;\n> > > \n> > > > (b) in relation to each application for a warrant made on behalf of the Tasmania Police Service, a statement as to whether –\n> > > > \n> > > > > > (i) the application was withdrawn or refused; or\n> > > > > \n> > > > > > (ii) a warrant was issued on the application;\n> > > \n> > > > (ba) [*\\[Section 5 Subsection (1) amended by No. 32 of 2004, s. 5, Applied:27 Oct 2004\\]*](/view/html/inforce/2004-10-27/act-2004-032#GS5@Hpa@EN) in relation to each warrant whose authority is exercised by the Tasmania Police Service, particulars of –\n> > > > \n> > > > > > (i) the warrant; and\n> > > > > \n> > > > > > (ii) the day on which, and the time at which, each interception under the warrant began; and\n> > > > > \n> > > > > > (iii) the duration of each such interception; and\n> > > > > \n> > > > > > (iv) the name of the person who carried out each such interception; and\n> > > > > \n> > > > > > (v) in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant;\n> > > \n> > > > (c) in relation to each restricted record that has at any time been in the possession of the Tasmania Police Service –\n> > > > \n> > > > > > (i) if the record was obtained by an interception under a warrant, particulars of that warrant; and\n> > > > > \n> > > > > > (ii) particulars of each occasion on which the record came (whether by its making or otherwise) to be in the possession of the Tasmania Police Service; and\n> > > > > \n> > > > > > (iii) particulars of each occasion (if any) on which the record ceased (whether by its destruction or otherwise) to be in the possession of the Tasmania Police Service; and\n> > > > > \n> > > > > > (iv) particulars of each agency, body or other person (if any) from whom the Tasmania Police Service received the record or to whom the Tasmania Police Service supplied the record;\n> > > \n> > > > (d) particulars of each use made by the Tasmania Police Service of lawfully obtained information;\n> > > \n> > > > (e) particulars of each communication of lawfully obtained information by a member of the Tasmania Police Service to a person or body other than another member of the Tasmania Police Service;\n> > > \n> > > > (f) particulars of each occasion on which, to the knowledge of a member of the Tasmania Police Service, lawfully obtained information was given in evidence in a relevant proceeding.\n> \n> > (1A)  [*\\[Section 5 Subsection (1A) inserted by No. 32 of 2004, s. 5, Applied:27 Oct 2004\\]*](/view/html/inforce/2004-10-27/act-2004-032#GS5@Hpb@EN) If a warrant is a named person warrant, the particulars referred to in [subsection (1)(ba)(ii)](#GS5@Gs1@Hpba@Hqii@EN) must indicate the service in respect of which each interception occurred.\n> \n> > (2)  The Commissioner must keep in the records of the Tasmania Police Service each record that the Commissioner has caused to be made under [subsection (1)](#GS5@Gs1@EN) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Documents to be given to Minister","content":"### 6 Documents to be given to Minister\n\n> The Commissioner must give to the Minister –\n> \n> > > (a) [*\\[Section 6 Amended by No. 7 of 2010, s. 4, Applied:09 Jul 2010\\]*](/view/html/inforce/2010-07-09/act-2010-007#GS4@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (b) [*\\[Section 6 Amended by No. 7 of 2010, s. 4, Applied:09 Jul 2010\\]*](/view/html/inforce/2010-07-09/act-2010-007#GS4@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (c) within 3 months after a warrant issued to the Tasmania Police Service ceases to be in force, a written report about –\n> > > \n> > > > > (i) the use made by the Tasmania Police Service of information obtained by interceptions under the warrant; and\n> > > > \n> > > > > (ii) the communication of that information to persons other than members of the Tasmania Police Service; and\n> > \n> > > (d) as soon as practicable, and in any event within 3 months, after each 30 June, a written report that sets out the information that –\n> > > \n> > > > > (i) [*\\[Section 6 Amended by No. 18 of 2008, s. 46, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS46@EN) is required by Division 2 of Part 2-8 of the Commonwealth Act to be set out in the Commonwealth Minister's report under that Division in relation to the year ending on that 30 June; and\n> > > > \n> > > > > (ii) can be derived from the records of the Tasmania Police Service.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Documents to be given to Commonwealth Minister","content":"### 7 Documents to be given to Commonwealth Minister\n\n> [*\\[Section 7 Substituted by No. 7 of 2010, s. 5, Applied:09 Jul 2010\\]*](/view/html/inforce/2010-07-09/act-2010-007#GS5@EN) As soon as practicable after receiving a report made under [section 6(c)](#GS6@Hpc@EN) or [(d)](#GS6@Hpd@EN) , the Minister is to give a copy of that report to the Commonwealth Minister.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Keeping and destruction of restricted records","content":"### 8 Keeping and destruction of restricted records\n\n> > (1)  In this section, a reference to a restricted record is a reference to a restricted record that –\n> > \n> > > > (a) is made either before, at the same time as or after the commencement of section 35 of the Commonwealth Act; and\n> > > \n> > > > (b) is in the possession of the Tasmania Police Service.\n> \n> > (2)  Except while a restricted record is being dealt with in accordance with this Act or the Commonwealth Act, the Commissioner must cause the restricted record to be kept in a secure place so that it is not accessible to persons who are not entitled to deal with it.\n> \n> > (3)  The Commissioner must cause a restricted record to be destroyed immediately if he or she is satisfied that the record is not likely to be required for a permitted purpose, other than a purpose connected with –\n> > \n> > > > (a) an inspection; or\n> > > \n> > > > (b) a report on such an inspection.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Inspections of records and reports by Ombudsman","content":"# Part 3 Inspections of records and reports by Ombudsman","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"General power to inspect and report on records","content":"### 9 General power to inspect and report on records\n\n> The Ombudsman may at any time –\n> \n> > > (a) inspect the records of the Tasmania Police Service to ascertain the extent of the compliance by the members of the Tasmania Police Service with [Part 2](#HP2@EN) during any period; and\n> > \n> > > (b) report to the Minister about the results of the inspection; and\n> > \n> > > (c) do anything necessary or convenient for the exercise of the powers specified in [paragraphs (a)](#GS9@Hpa@EN) and [(b)](#GS9@Hpb@EN) .","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regular inspections of records","content":"### 10 Regular inspections of records\n\n> At least once in each period of 6 months, the Ombudsman must inspect the records of the Tasmania Police Service to ascertain the extent of compliance by the members of the Tasmania Police Service with [Part 2](#HP2@EN) since the last inspection.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Reports on inspections","content":"### 11 Reports on inspections\n\n> > (1)  Not later than 3 months after the end of each financial year, the Ombudsman must report in writing to the Minister on the results of inspections carried out in that financial year.\n> \n> > (2)  If the Ombudsman has provided a report under [subsection (1)](#GS11@Gs1@EN) or [section 9(b)](#GS9@Hpb@EN) to the Minister, the Ombudsman –\n> > \n> > > > (a) must notify the Commonwealth Minister, in writing, that the report has been given; and\n> > > \n> > > > (b) must provide the Commissioner with a copy of the report.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Report on contravention of  Part 2","content":"### 12 Report on contravention of  Part 2\n\n> [*\\[Section 12 Amended by No. 7 of 2010, s. 6, Applied:09 Jul 2010\\]*](/view/html/inforce/2010-07-09/act-2010-007#GS6@EN) If, as a result of an inspection, the Ombudsman is of the opinion that a member of the Tasmania Police Service has contravened the Commonwealth Act or that the Commissioner has contravened [section 6(c)](#GS6@Hpc@EN) , the Ombudsman must –\n> \n> > > (a) allow the Commissioner an opportunity to provide written comments in respect of that matter; and\n> > \n> > > (b) include in the report under [section 9(b)](#GS9@Hpb@EN) or [section 11(1)](#GS11@Gs1@EN)  –\n> > > \n> > > > > (i) a report on the contravention; and\n> > > > \n> > > > > (ii) a copy of the written comments of the Commissioner.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"General powers for inspections","content":"### 13 General powers for inspections\n\n> > (1)  For the purposes of an inspection, an inspecting officer –\n> > \n> > > > (a) after notifying the Commissioner, may enter at any reasonable time premises occupied by the Tasmania Police Service; and\n> > > \n> > > > (b) is entitled to have full and free access at all reasonable times to all records of the Tasmania Police Service that the inspecting officer considers are relevant to the inspection; and\n> > > \n> > > > (c) despite any other law, is entitled to make copies of, and to take extracts from, records of the Tasmania Police Service that the inspecting officer considers are relevant to the inspection; and\n> > > \n> > > > (d) may require a member of the Tasmania Police Service to provide to the inspecting officer any information –\n> > > > \n> > > > > > (i) that the inspecting officer considers is relevant to the inspection; and\n> > > > > \n> > > > > > (ii) that is in the member's possession, or to which the member has access.\n> \n> > (2)  If an inspecting officer has reason to believe that a member of the Tasmania Police Service is able to provide information relevant to an inspection, the inspecting officer may, by written notice provided to the member –\n> > \n> > > > (a) require the member to provide the information –\n> > > > \n> > > > > > (i) in writing; and\n> > > > > \n> > > > > > (ii) signed by the member; and\n> > > > > \n> > > > > > (iii) at a place specified in the notice; and\n> > > > > \n> > > > > > (iv) within a period specified in the notice; and\n> > > \n> > > > (b) require the member, for the purpose of answering questions relevant to the inspection, to attend –\n> > > > \n> > > > > > (i) before an inspecting officer specified in the notice; and\n> > > > > \n> > > > > > (ii) at the place, and within the period or at the time, specified in the notice.\n> \n> > (3)  If an inspecting officer has reason to believe that a member of the Tasmania Police Service may be able to provide information relevant to an inspection but does not know the member's identity, the inspecting officer may require the Commissioner or a person nominated by the Commissioner to attend before an inspecting officer specified in the requirement for the purpose of answering questions relevant to the inspection.\n> \n> > (4)  A requirement under [subsection (3)](#GS13@Gs3@EN) is to –\n> > \n> > > > (a) be made by written notice provided to the Commissioner; and\n> > > \n> > > > (b) specify the place at which, and the period within which or the time at which, the Commissioner or nominated person is to attend.\n> \n> > (5)  Despite any other law, a person is not excused from providing information, answering a question or giving access to a document, as and when required by or under this section, on the ground that to do so would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty.\n> \n> > (6)  The Commissioner must ensure that members of the Tasmania Police Service provide an inspecting officer with such assistance in relation to an inspection as the inspecting officer reasonably requires.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Use of information","content":"### 14 Use of information\n\n> > (1)  The following are not admissible in evidence against a person except in proceedings for an offence against [section 16(1)](#GS16@Gs1@EN) , [section 18(1)](#GS18@Gs1@EN) or [section 19(1)](#GS19@Gs1@EN) or [(2)](#GS19@Gs2@EN) :\n> > \n> > > > (a) information or an answer provided or given by the person under, or as required by an inspecting officer under, [section 13](#GS13@EN) ;\n> > > \n> > > > (b) the fact that the person has given access to a document under [section 13](#GS13@EN) ;\n> > > \n> > > > (c) any information or thing (including a document) obtained directly or indirectly in consequence of the person having provided or given information, an answer or access to a document under, or as required by an inspecting officer under, [section 13](#GS13@EN) .\n> \n> > (2)  Despite any other law, the Ombudsman and any officer of the Ombudsman may make use of, make a record of or provide to another such officer and to the Ombudsman any information that –\n> > \n> > > > (a) is obtained during, or as a result of, an inspection; and\n> > > \n> > > > (b) is relevant to the inspection.\n> \n> > (3)  The Ombudsman may provide information of a kind mentioned in [subsection (1)](#GS14@Gs1@EN) to the Commonwealth Ombudsman if satisfied that the provision of the information is relevant to the performance of the Commonwealth Ombudsman's functions under the Commonwealth Act.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Protection of Ombudsman and officers from liability","content":"### 15 Protection of Ombudsman and officers from liability\n\n> Except as otherwise provided by [section 16](#GS16@EN) and [section 18](#GS18@EN) , the Ombudsman or an officer of the Ombudsman does not incur any liability in respect of any act done or omitted in good faith –\n> \n> > > (a) in the performance or exercise, or the purported performance or exercise, of any function or power under this Act; or\n> > \n> > > (b) in the administration, or the purported administration, of this Act.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Confidentiality of information obtained under warrant","content":"### 16 Confidentiality of information obtained under warrant\n\n> > (1)  Except as otherwise allowed by this Act, the Ombudsman or an officer of the Ombudsman must not record or disclose information that –\n> > \n> > > > (a) was obtained by anyone under a warrant; and\n> > > \n> > > > (b) came to the Ombudsman's or officer's knowledge during or as the result of an inspection.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.\n> \n> > (2)  [Subsection (1)](#GS16@Gs1@EN) does not –\n> > \n> > > > (a) prevent the Ombudsman or an officer of the Ombudsman from disclosing in a report under this Part any matter for the purpose of stating the grounds for the conclusions and recommendations in the report; or\n> > > \n> > > > (b) otherwise prevent the Ombudsman or an officer of the Ombudsman from recording or disclosing information for the discharge of functions under this Act.\n> \n> > (3)  A person is not compellable in any proceeding to disclose information that –\n> > \n> > > > (a) was obtained by anyone under a warrant; and\n> > > \n> > > > (b) came to that person's knowledge because the person is or was engaged in the administration of this Act.\n> \n> > (4)  If information was obtained by anyone under a warrant and that information came to a person's knowledge both –\n> > \n> > > > (a) because the person is or was the Ombudsman or an officer of the Ombudsman; and\n> > > \n> > > > (b) because the person is or was engaged in the administration of another Act –\n> > \n> > [subsections (1)](#GS16@Gs1@EN) and [(3)](#GS16@Gs3@EN) apply despite any provisions of that other Act that may allow the person to record, disclose or be compelled in a proceeding to disclose the information and those provisions of that other Act do not apply in respect of that information.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Report to Commonwealth Minister","content":"### 17 Report to Commonwealth Minister\n\n> As soon as practicable after receiving a report on an inspection, the Minister must provide a copy of the report to the Commonwealth Minister.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Confidentiality","content":"### 18 Confidentiality\n\n> > (1)  Except as allowed by this Act, a person who is or was engaged in the administration of this Act must not disclose any information or record obtained by the person because of the person's engagement in the administration of this Act except where the disclosure is made under this Act or under the Commonwealth Act.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.\n> \n> > (2)  [Subsection (1)](#GS18@Gs1@EN) applies despite the provisions of another Act that may allow a person to disclose the information or record because the person was engaged in the administration of the other Act and those provisions do not apply in respect of that information or record.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Offences","content":"### 19 Offences\n\n> > (1)  A person must not, without reasonable excuse –\n> > \n> > > > (a) refuse or fail to comply with a requirement made under [section 13(1)](#GS13@Gs1@EN) , [(2)](#GS13@Gs2@EN) or [(3)](#GS13@Gs3@EN) ; or\n> > > \n> > > > (b) obstruct or hinder an inspecting officer who is exercising powers under [section 13](#GS13@EN) .\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.\n> \n> > (2)  A person must not provide information that the person knows to be false or misleading in a material particular to an inspecting officer who is exercising powers under [section 13](#GS13@EN) .\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Delegation by Ombudsman","content":"### 20 Delegation by Ombudsman\n\n> The Ombudsman may delegate, in writing, any of his or her functions or powers under this Act, other than this power of delegation.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"### 21 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  Regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 5 penalty units and, in the case of a continuing offence, a further fine not exceeding 0.5 penalty units for each day during which the offence continues.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Administration of Act","content":"### 22 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Police and Public Safety; and\n> > \n> > > (b) the department responsible to the Minister for Police and Public Safety in relation to the administration of this Act is the Department of Police and Public Safety.","sortOrder":25}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act, as textually presented, confines its operation to the Tasmania Police Service and implements record-keeping, inspection, reporting, confidentiality and offence rules in relation to telecommunications interceptions. It adopts many definitions from the Commonwealth Act (s 3(2)) and does not itself indicate an expansion or contraction of that subject-matter beyond establishing state-level administrative, oversight and penalty mechanisms."},"complexity_factors":["Cross-references and reliance on Commonwealth Act definitions and duties (s 3(2) — many core terms adopt Commonwealth meanings), increasing interpretive complexity.","Detailed record-keeping obligations for warrants, notifications, certificates and authorisations (ss 4–5) create administrative and evidentiary burdens for the Tasmania Police Service.","Regular inspection regime with compulsory powers: Ombudsman may inspect at any time and must inspect at least every 6 months; inspecting officers can enter premises, copy records and compel signed written answers or attendance (ss 9–13).","Confidentiality and evidentiary limits: statutory prohibitions on recording/disclosure of warrant-derived information and non-compellability in other proceedings (ss 14, 16, 18) require careful handling and legal assessment before disclosure.","Criminal sanctions for unlawful disclosure, obstruction, false or misleading information, and failures to comply with inspection requirements (ss 16(1), 18(1), 19) raise compliance risk and require internal controls.","Reporting chains to multiple ministers and to the Commonwealth (ss 6–7, 11, 17) add procedural steps and potential duplication.","Records retention, secure storage and destruction rules for restricted records (s 8) impose operational decisions and potential legal tension with other statutory obligations.","Delegation power for the Ombudsman (s 20) and broad regulation-making power (s 21) create administrative discretion and future scope for rules that affect compliance."],"plain_english_summary":"This Act makes the Commissioner of Police (Tasmania Police Service) responsible for keeping, securing and destroying records about telecommunications interception warrants and any restricted records, and for reporting use of intercepted information to the State Minister and the Commonwealth Minister. The Ombudsman may inspect those records (at least every six months), compel police members to give signed information and must report inspections and any contraventions.\n\nCompliance costs fall on the Tasmania Police Service; decisions and discretion rest with the Commissioner, the Ombudsman and the Minister; non‑compliance and unlawful disclosure attract fines or imprisonment."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent since 1999 — providing a state-level framework for lawful telecommunications interception by Tasmanian authorities. The version has been current since 9 July 2010, suggesting no significant scope changes in recent years."},"complexity_factors":["Requires understanding of the interaction between state and federal telecommunications law — the Act cannot be read in isolation","Limited legislative text is available in this excerpt, making full analysis difficult","Involves constitutional division of powers between Tasmania and the Commonwealth","Technical subject matter (telecommunications interception) requires some specialist knowledge","References to warrant processes involve separate procedural legal frameworks"],"plain_english_summary":"This Tasmanian Act gives specified state law enforcement agencies a legal framework to obtain warrants to intercept phone calls and electronic communications, operating alongside the federal interception law. It affects police, telecommunications providers, and ordinary Tasmanians by permitting targeted, warrant‑based surveillance while setting legal limits to protect privacy."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of record-keeping and oversight for telecommunications interception by Tasmania Police. While it has been amended several times (notably in 2004, 2008, and 2010), these changes have refined operational details rather than expanding the Act's scope into new areas. The amendments primarily updated reporting timeframes, clarified record-keeping requirements for 'named person warrants,' and streamlined document flows to the Commonwealth Minister — all within the original framework of accountability for interception activities."},"complexity_factors":["Heavy reliance on definitions from the Commonwealth Act (Telecommunications (Interception and Access) Act 1979) — 7 expressions directly imported by reference in s.3(2), plus a catch-all for any other undefined terms","Multiple amendment notes embedded in the text (e.g., '[Section 5 Subsection (1) amended by No. 32 of 2004...]') which clutter the operative provisions","Cross-referencing between Tasmanian and Commonwealth legislation — requires reading two Acts together to understand full operation","Conditional destruction rules for restricted records (s.8) with exceptions for inspections and reports","Use immunity provisions (s.14) with specific carve-outs for certain offences","Dual confidentiality regimes — one for Ombudsman staff (s.16) and one for general administration (s.18), with slightly different scopes"],"plain_english_summary":"This Tasmanian law sets up a **record-keeping and oversight system** for when Tasmania Police secretly intercept (listen in on) phone calls and other telecommunications.\n\n**What it does:**\n- **Requires Tasmania Police to keep detailed records** of every warrant they get to intercept communications, when they actually do the intercepting, what information they collect, and who they share it with.\n- **Makes the Ombudsman (an independent watchdog) inspect these records** at least every 6 months to check police are following the rules.\n- **Protects the secrecy** of intercepted information — it's a criminal offence (up to 12 months jail) for most people to disclose this information.\n- **Creates offences** for obstructing inspections or giving false information to inspectors.\n\n**Who it affects:**\n- **Tasmania Police** — must maintain secure records and report to the Minister.\n- **The Ombudsman and their staff** — have strong powers to enter police premises, copy documents, and demand answers.\n- **The public** — indirectly, because this law ensures surveillance powers aren't abused.\n\n**Why it matters:**\nThis is Tasmania's piece of a national system. The Commonwealth (federal) government runs the main interception scheme under the *Telecommunications (Interception and Access) Act 1979*, but each state needs its own law to cover state police. This Act doesn't give Tasmania Police the power to intercept — that's in the Commonwealth law — but it makes sure there's **accountability** at the state level through record-keeping and independent inspection."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-interception-tasmania-act-1999","history":"/api/acts/telecommunications-interception-tasmania-act-1999/history","analysis":"/api/acts/telecommunications-interception-tasmania-act-1999/analysis","conflicts":"/api/acts/telecommunications-interception-tasmania-act-1999/conflicts","importantCases":"/api/acts/telecommunications-interception-tasmania-act-1999/important-cases","documents":"/api/acts/telecommunications-interception-tasmania-act-1999/documents"}}