Commonwealth legislation

Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

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.

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Current sections

Direct links to the current provisions in Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026.

Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026

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Commonwealth Coat of Arms of Australia

LIN 26/010

Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026

I, Tony Burke, Minister for Home Affairs, under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979, make the following instrument.

Dated 23 January 2026

Signed

Tony Burke

Minister for Home Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Obligation to keep records

1 Name

This instrument is the Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026.

2 Commencement

This instrument commences on 1 April 2026.

3 Authority

This instrument is made under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979.

4 Definitions

Note: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:

enforcement agency;
journalist information warrant;
Part 4-1 issuing authority;
Public interest advocate.

In this instrument:

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

5 Obligation to keep records

For the purposes of paragraph 186A(1)(j) of the Act, the following kinds of documents and other materials are prescribed:

(a) each written application for a journalist information warrant made by the enforcement agency;

(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;

(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;

(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;

(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

(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.

Source text

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

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8

LIN 26/010

Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026

I, Tony Burke, Minister for Home Affairs, under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979, make the following instrument.

Dated 23 January 2026

Signed

Tony Burke

Minister for Home Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Obligation to keep records

1 Name

This instrument is the Telecommunications (Interception and Access) (Obligation to Keep Records) Instrument 2026.

2 Commencement

This instrument commences on 1 April 2026.

3 Authority

This instrument is made under subsection 186A(2) of the Telecommunications (Interception and Access) Act 1979.

4 Definitions

Note: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:

enforcement agency;
journalist information warrant;
Part 4-1 issuing authority;
Public interest advocate.

In this instrument:

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

5 Obligation to keep records

For the purposes of paragraph 186A(1)(j) of the Act, the following kinds of documents and other materials are prescribed:

(a) each written application for a journalist information warrant made by the enforcement agency;

(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;