Commonwealth legislation

Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This declaration gives Corrective Services NSW staff authority to monitor live phone calls and obtain telecommunications metadata to investigate crimes by prisoners or people under supervision. It applies only to Corrective Services NSW, not other department units.

A permanent limit bars using these powers to access stored communications (saved texts, voicemails, emails), so the tools focus on real‑time surveillance to disrupt drug trafficking, gang coordination, or escape plots.

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Current sections

Direct links to the current provisions in Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024.

Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024

Commonwealth Coat of Arms

Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024

I, the Hon Mark Dreyfus KC MP, Attorney-General, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).

Dated 8 May 2024

Mark Dreyfus

Attorney-General

1 Name

This instrument is the Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024.

2 Commencement

This instrument commences on the day after registration.

Note See paragraph 176A(10)(b) of the Act for cessation of this instrument.

3 Declaration

(1) For paragraph 176A(3)(a) of the Act, I declare New South Wales Department of Communities and Justice to be an enforcement agency.

(2) For paragraph 176A(3)(b) of the Act, I declare each staff member of that part of New South Wales Department of Communities and Justice known as Corrective Services NSW to be officers of New South Wales Department of Communities and Justice for the purposes of the Act.

4 Conditions

(1) Under subsection 176A(6) of the Act, this declaration is subject to the following conditions:

(a) it only applies to that part of New South Wales Department of Communities and Justice known as Corrective Services NSW; and

(b) New South Wales Department of Communities and Justice and officers of Corrective Services NSW are not to exercise the power under section 180Q of the Act.

Note New South Wales Department of Communities and Justice is taken not to be an enforcement agency for the purposes of section 180Q of the Act: subsection 176A(7) of the Act.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024

Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024

I, the Hon Mark Dreyfus KC MP, Attorney-General, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).

Dated 8 May 2024

Mark Dreyfus

Attorney-General

1 Name

This instrument is the Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2024.

2 Commencement

This instrument commences on the day after registration.

Note See paragraph 176A(10)(b) of the Act for cessation of this instrument.

3 Declaration

(1) For paragraph 176A(3)(a) of the Act, I declare New South Wales Department of Communities and Justice to be an enforcement agency.

4 Conditions

(1) Under subsection 176A(6) of the Act, this declaration is subject to the following conditions:

(a) it only applies to that part of New South Wales Department of Communities and Justice known as Corrective Services NSW; and

(b) New South Wales Department of Communities and Justice and officers of Corrective Services NSW are not to exercise the power under section 180Q of the Act.

Note New South Wales Department of Communities and Justice is taken not to be an enforcement agency for the purposes of section 180Q of the Act: subsection 176A(7) of the Act.