1Telecommunications (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:

1.      enforcement agency;
2.      journalist information warrant;
3.      Part 4-1 issuing authority;
4.      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;