Commonwealth legislation

Interception Capability Plan Determination 2024

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Commonwealth

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legislative instrument

Plain English Summary

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This Determination (s6) requires carriers and nominated carriage service providers to include in their Interception Capability Plan arrangements to keep interception capabilities in Australia under the control of persons holding appropriate national security clearances, including a physical interception point, protections for interception-related information, and assistance to national security and law enforcement agencies. Affected providers bear the cost and operational burden of locating and securing those capabilities; the Communications Access Coordinator notifies carriers in writing of the matters to include; the Determination repeals the 2018 instrument (s4).

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Interception Capability Plan Determination 2024

Commonwealth Coat of Arms

Interception Capability Plan Determination 2024

I, the Hon Mark Dreyfus KC MP, Attorney-General, make this determination under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.

Dated 19 December 2024

MARK DREYFUS KC MP

Attorney-General

1 Name of Determination

This instrument is the Interception Capability Plan Determination 2024.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislation.

3 Authority

This instrument is made under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.

4 Repeal of the Interception Capability Plan Determination 2018 (No. 1)

The Interception Capability Plan Determination 2018 (No. 1) is repealed.

5 Definitions

In this Determination:

Act means the Telecommunications (Interception and Access) Act 1979.

Communications Access Coordinator has the same meaning as in the Act.

IC Plan has the same meaning as in the Act.

national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.

Nominated carriage service provider has the same meaning as in the Act.

6 Matters to be included in an IC Plan

For the purposes of paragraph 195(2)(f) of the Act, the following matter applies to the IC Plan of a carrier or nominated carriage service provider if the Communications Access Coordinator has notified the matter in writing to the carrier or provider:

a description of the arrangements that the carrier or provider will put in place to maintain within Australia, and under the control of persons holding appropriate national security clearances, the means:
1. to support its legal obligation to provide interception capabilities in relation to carriage services (including the provision of a physical interception point);
2. to protect information relating to interception; and
3. to provide other reasonably necessary assistance relating to interception to national security and law enforcement agencies.

Source text

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

1 Interception Capability Plan Determination 2024

Interception Capability Plan Determination 2024

I, the Hon Mark Dreyfus KC MP, Attorney-General, make this determination under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.

Dated 19 December 2024

MARK DREYFUS KC MP

Attorney-General

1 Name of Determination

This instrument is the Interception Capability Plan Determination 2024.

2 Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislation.

3 Authority

This instrument is made under subsection 195(4) of the Telecommunications (Interception and Access) Act 1979.

4 Repeal of the Interception Capability Plan Determination 2018 (No. 1)

The Interception Capability Plan Determination 2018 (No. 1) is repealed.

5 Definitions

In this Determination:

Act means the Telecommunications (Interception and Access) Act 1979.

Communications Access Coordinator has the same meaning as in the Act.

IC Plan has the same meaning as in the Act.

national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.

Nominated carriage service provider has the same meaning as in the Act.

6 Matters to be included in an IC Plan

a description of the arrangements that the carrier or provider will put in place to maintain within Australia, and under the control of persons holding appropriate national security clearances, the means:
1. to support its legal obligation to provide interception capabilities in relation to carriage services (including the provision of a physical interception point);
2. to protect information relating to interception; and
3. to provide other reasonably necessary assistance relating to interception to national security and law enforcement agencies.