information of a kind specified in or under section 187AA; or

documents containing information of that kind;

it is a service for carrying communications, or enabling communications to be carried, by means of guided or unguided electromagnetic energy or both; and

it is a service:

operated by a carrier; or

(ii) operated by an internet service provider (within the meaning of Schedule 5 to the Broadcasting Services Act 1992); or

of a kind for which a declaration under subsection (3A) is in force; and

the person operating the service owns or operates, in Australia, infrastructure that enables the provision of any of its relevant services;

comes into force when it is made, or on such later day as is specified in the declaration; and

ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.

information that is the contents or substance of a communication; or

information that:

states an address to which a communication was sent on the internet, from a telecommunications device, using an internet access service provided by the service provider; and

was obtained by the service provider only as a result of providing the service; or

information to the extent that it relates to a communication that is being carried by means of another service:

that is of a kind referred to in paragraph (3)(a); and

that is operated by another person using the relevant service operated by the service provider;

(d) information that the service provider is required to delete because of a determination made under Telecommunications Act 1997, or a document to the extent that the document contains such information; orsection 99 of the

information about the location of a telecommunications device that is not information used by the service provider in relation to the relevant service to which the device is connected.

an attempt to send a communication by means of a relevant service is taken to be the sending of a communication by means of the service, if the attempt results in:

a connection between the telecommunications device used in the attempt and another telecommunications device; or

an attempted connection between the telecommunications device used in the attempt and another telecommunications device; or

a conclusion being drawn, through the operation of the service, that a connection cannot be made between the telecommunications device used in the attempt and another telecommunications device; and

an untariffed communication by means of a relevant service is taken to be a communication by means of the service.

comes into force when it is made, or on such later day as is specified in the declaration; and

ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.

the service:

(i) is provided only to a person’s immediate circle (Telecommunications Act 1997); orwithin the meaning of section 23 of the

is provided only to places that, under section 36 of that Act, are all in the same area; and

the service is not subject to a declaration under subsection (2) of this section.

the interests of law enforcement and national security; and

(b) the objects of the Telecommunications Act 1997; and

(ba) the objects of the Privacy Act 1988; and

any submissions made by the Privacy Commissioner because of the consultation under subsection (2A); and

any other matter that the Communications Access Co-ordinator considers relevant.

encrypting the information; and

protecting the information from unauthorised interference or unauthorised access.

if the information is about, or the document contains information about, a matter of a kind described in paragraph (a) or (b) in column 2 of item 1 of the table in subsection 187AA(1)—the period:

starting when the information or document came into existence; and

ending 2 years after the closure of the account to which the information or document relates; or

otherwise—the period:

starting when the information or document came into existence; and

ending 2 years after it came into existence.

the service provider must comply with the plan in relation to communications carried by means of that service; but

the service provider is not required to comply with subsection 187A(1) (or section 187BA or 187C) in relation to those communications.

an explanation of the current practices for keeping, and ensuring the confidentiality of, information and documents that section 187A would require to be kept, if the plan were not in force; and

details of the interim arrangements that the service provider proposes to be implemented, while the plan is in force, for keeping, and ensuring the confidentiality of, such information and documents (to the extent that the information and documents will not be kept in compliance with section 187A (and sections 187BA and 187C)); and

the day by which the service provider will comply with section 187A (and sections 187BA and 187C) in relation to all such information and documents, except to the extent that any decisions under Division 3 apply.

any relevant services, operated by the service provider, that the plan does not cover; and

the contact details of the officers or employees of the service provider in relation to the plan.

approve the plan and notify the service provider of the approval; or

give the plan back to the service provider with a written request for the service provider to amend the plan to take account of specified matters.

the desirability of achieving substantial compliance with section 187A (and sections 187BA and 187C) as soon as practicable; and

the extent to which the plan would reduce the regulatory burden imposed on the service provider by this Part; and

if, at the time the Co-ordinator receives the application, the service provider is contravening section 187A (or section 187BA or 187C) in relation to one or more services covered by the application—the reasons for the contravention; and

the interests of law enforcement and national security; and

(e) the objects of the Telecommunications Act 1997; and

any other matter that the Co-ordinator considers relevant.

make a decision on the application, and

communicate to the applicant the decision on the application;

give a copy of the plan to the enforcement agencies and security authorities that, in the opinion of the Co-ordinator, are likely to be interested in the plan; and

invite each such enforcement agency or security authority to provide comments on the plan to the Co-ordinator.

the Communications Access Co-ordinator receives a comment from an enforcement agency or security authority requesting an amendment of the original plan; and

the Co-ordinator considers the request to be a reasonable one;

(c) must request that the service provider make the amendment within 30 days (the response period) after receiving the comment or summary; and

may give the service provider a copy of the comment or a summary of the comment.

by indicating its acceptance of the request, by amending the original plan appropriately and by giving the amended plan to the Communications Access Co-ordinator within the response period; or

by indicating that it does not accept the request and providing its reasons for that non-acceptance.

refer the request and the service provider’s response to the ACMA; and

request the ACMA to determine whether any amendment of the original plan is required.

determine in writing that no amendment of the original plan is required in response to the request for the amendment; or

if, in the opinion of the ACMA:

the request for the amendment is a reasonable one; and

the service provider’s response to the request for the amendment is not reasonable;

if, on receipt of a determination under paragraph (5)(b), the service provider amends the original plan to take account of that determination and gives the amended plan to the Communications Access Co-ordinator—approve the plan as amended, and notify the service provider of the approval; or

otherwise—refuse to approve the plan, and notify the service provider of the refusal.

comes into force when the Communications Access Co-ordinator notifies the service provider of the approval of the plan; and

ceases to be in force in relation to that service:

if the service provider was operating the service at the commencement of this Part—at the end of the implementation phase for this Part; or

if the service provider was not operating the service at the commencement of this Part—at the end of the period of 18 months starting on the day the service provider started to operate the service after that commencement.

the service provider applies to the Communications Access Co-ordinator for approval of the amendment, and the Co-ordinator approves the amendment; or

the Co-ordinator makes a request to the service provider for the amendment to be made, and the service provider agrees to the amendment.

comes into force when:

if paragraph (1)(a) applies—the Co-ordinator notifies the service provider of the approval of the amendment; or

if paragraph (1)(b) applies—the service provider notifies the Co-ordinator of the service provider’s agreement to the amendment; but

does not effect when the plan ceases to be in force under paragraph 187H(1)(b).

exempt a specified service provider from the obligations imposed on the service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or

vary the obligations imposed on a specified service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or

vary, in relation to a specified service provider, a period specified in section 187C, either generally or in relation to information or documents that relate to a specified kind of relevant service.

unconditional; or

subject to such conditions as are specified in the decision.

the Co-ordinator:

must give a copy of the application to the enforcement agencies and security authorities that, in the opinion of the Co-ordinator, are likely to be interested in the application; and

may give a copy of the application to the ACMA; and

if the Co-ordinator does not, within 60 days after the day the Co-ordinator receives the application:

make a decision on the application, and

communicate to the applicant the decision on the application;

the interests of law enforcement and national security; and

(b) the objects of the Telecommunications Act 1997; and

the service provider’s history of compliance with this Part; and

the service provider’s costs, or anticipated costs, of complying with this Part; and

any alternative data retention or information security arrangements that the service provider has identified.

confirm the decision; or

substitute for that decision another decision that could have been made under subsection 187K(1).

the Communications Access Co-ordinator; and

any enforcement agencies and security authorities that were given, under subparagraph 187K(5)(a)(i), a copy of the application for the decision under review; and

any other enforcement agencies and security authorities that, in the opinion of the ACMA, are likely to be interested in the application.

the interests of law enforcement and national security; and

(b) the objects of the Telecommunications Act 1997; and

the service provider’s history of compliance with this Part; and

the service provider’s costs, or anticipated costs, of complying with this Part; and

any alternative data retention or information security arrangements that the service provider has identified.

treat the application as confidential; and

ensure that it is not disclosed to any other person or body (other than the ACMA, an enforcement agency or a security authority) without the written permission of the service provider.

treat the application as confidential; and

ensure that it is not disclosed to any other person or body (other than the Communications Access Co-ordinator, an enforcement agency or a security authority) without the written permission of the service provider.

treat the copy as confidential; and

ensure that it is not disclosed to any other person or body without the written permission of the service provider.

the individual; or

a communication to which the individual is a party.

must start on or before the second anniversary of the end of the implementation phase; and

must be concluded on or before the third anniversary of the end of the implementation phase.

all of the documents that he or she is required to retain under section 185; and

all of the information that he or she is required, by paragraphs 186(1)(e) to (k), to include in a report under subsection 186(1);

all of the authorisations made under Division 3 of Part 4-1; and

(b) all of the information that he or she is required, by paragraphs 94(2A)(c) to (j) of the Australian Security Intelligence Organisation Act 1979, to include in a report referred to in subsection 94(1) of that Act;

the costs to service providers of complying with this Part; and

the use of data retention implementation plans approved under Division 2 of this Part.

the purposes for which those authorisations were made; and

the lengths of time for which the information or documents that were, or would have been, covered by those authorisations had been held when access was sought; and

the number of those authorisations that related to retained data that included information of a kind referred to in item 1 of the table in subsection 187AA(1) of that Act; and

the number of those authorisations that related to retained data that included information of a kind referred to in item 2, 3, 4, 5 or 6 of the table in subsection 187AA(1) of that Act; and

the number of those authorisations that were made under journalist information warrants issued under Subdivision B of Division 4C of Part 4-1 of that Act; and

the number of journalist information warrants issued under that Subdivision during the period; and

information of a kind declared under subsection (2C) of this section.

in relation to each of 8 successive periods of 3 months, the number of the authorisations sought for information or documents held for lengths of time included in that period; and

the number of the authorisations sought for information or documents held for lengths of time exceeding 24 months.

(bc) to conduct the review under Telecommunications (Interception and Access) Act 1979; andsection 187N of the

subject to subsection (5), to review any matter that:

relates to the retained data activities of ASIO; and

(ii) is included, under paragraph 94(2A)(c), (d), (e), (f), (g), (h), (i) or (j) of the Australian Security Intelligence Organisation Act 1979, in a report referred to in subsection 94(1) of that Act; and

subject to subsection (5), to review any matter that:

(i) relates to the retained data activities of the AFP in relation to offences against Criminal Code; andPart 5.3 of the

(ii) is set out, under paragraph 186(1)(e), (f), (g), (h), (i), (j) or (k) of the Telecommunications (Interception and Access) Act 1979, in a report under subsection 186(1) of that Act; and

(a) are to be performed for the sole purpose of assessing, and making recommendations on, the overall operation and effectiveness of Telecommunications (Interception and Access) Act 1979; andPart 5-1A of the

do not permit reviewing the retained data activities of service providers; and

may not be performed for any purpose other than that set out in paragraph (a).

the operation of Part 14 and on the costs of compliance with the requirements of that Part; and

(b) without limiting paragraph (a), the costs of compliance with the requirements of Telecommunications (Interception and Access) Act 1979 (about data retention).Part 5-1A of the

the disclosure is required or authorised because of:

a subpoena; or

a notice of disclosure; or

an order of a court;

(b) the information or document is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979), solely for the purpose of complying with Part 5-1A of that Act; and

the information or document is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

complying with Part 5-1A of that Act;

complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;

complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;

(iv) providing persons with access to their personal information in accordance with the Privacy Act 1988;

a purpose prescribed by the regulations;

a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).

in circumstances of a kind prescribed by the regulations; or

(b) to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or

to a disclosure that occurs during the implementation phase (within the meaning of that Act).

(a) is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979), solely for the purpose of complying with Part 5-1A of that Act; and

is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

complying with Part 5-1A of that Act;

complying with the requirements of warrants under Chapters 2 and 3 of that Act or authorisations under Chapter 4 of that Act;

complying with requests or requirements to make disclosures provided for by sections 284 to 288 of this Act;

(iv) providing persons with access to their personal information in accordance with the Privacy Act 1988;

a purpose prescribed by the regulations;

a purpose incidental to any of the purposes referred to in subparagraphs (i) to (v).

in circumstances of a kind prescribed by the regulations; or

(b) to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979); or

to a disclosure that occurs during the implementation phase (within the meaning of that Act).

an account; or

a telecommunications device; or

another service of a kind referred to in paragraph 187A(3)(a);

to another person who is working in a professional capacity as a journalist; and

in the normal course of the other person’s work in such a capacity; and

in the expectation that the information may be disseminated in the form of:

news, current affairs or a documentary; or

commentary or opinion on, or analysis of, news, current affairs or a documentary.

a person who is:

a judge of a court created by the Parliament; or

a magistrate;

a person who:

holds an appointment to the Administrative Appeals Tribunal as Deputy President, full-time senior member, part-time senior member or member; and

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and

has been enrolled for at least 5 years.

a judge of a court created by the Parliament; or

a magistrate;

the person ceases to be a person whom the Minister could appoint under this section; or

the Minister, by writing, revokes the appointment.

in connection with the performance by the Organisation of its functions; or

in connection with the performance by the Inspector-General of Intelligence and Security of his or her functions;

unless it is revoked earlier, ends at the time specified in the authorisation, which must be a time that:

is no later than the end of the period of 90 days beginning on the day the authorisation is made; and

if the authorisation is made under a journalist information warrant—is no later than the end of the period specified under section 180N as the period for which the warrant is to remain in force.

he or she is satisfied that the disclosure is no longer required; or

in a case where the authorisation is made under a journalist information warrant:

the warrant is revoked under subsection 180N(1); or

the Director-General of Security has informed the Minister under section 180P that the Director-General is satisfied that the grounds on which the warrant was issued have ceased to exist.

unless it is revoked earlier, ends at the time specified in the authorisation, which must be a time that:

is no later than the end of the period of 45 days beginning on the day the authorisation is made; and

if the authorisation is made under a journalist information warrant—is no later than the end of the period specified under subsection 180U(3) as the period for which the warrant is to remain in force.

he or she is satisfied that the disclosure is no longer required; or

in a case where the authorisation is made under a journalist information warrant—the warrant is revoked under subsection 180W(1).

the gravity of any conduct in relation to which the authorisation is sought, including:

the seriousness of any offence in relation to which the authorisation is sought; and

the seriousness of any pecuniary penalty in relation to which the authorisation is sought; and

the seriousness of any protection of the public revenue in relation to which the authorisation is sought; and

whether the authorisation is sought for the purposes of finding a missing person;

the eligible person knows or reasonably believes that particular person to be:

a person who is working in a professional capacity as a journalist; or

an employer of such a person; and

a purpose of making the authorisation would be to identify another person whom the eligible person knows or reasonably believes to be a source;

the authorised officer knows or reasonably believes that particular person to be:

a person who is working in a professional capacity as a journalist; or

an employer of such a person; and

a purpose of making the authorisation would be to identify another person whom the authorised officer knows or reasonably believes to be a source;

the authorised officer knows or reasonably believes that particular person to be:

a person who is working in a professional capacity as a journalist; or

an employer of such a person; and

a purpose of making the authorisation would be to identify another person whom the authorised officer knows or reasonably believes to be a source.

refuse to consider the request; or

refuse to take any action, or any further action, in relation to the request.

issue a journalist information warrant that authorises the making of authorisations under Division 3 in relation to the particular person to which the request relates; or

refuse to issue a journalist information warrant.

the Organisation’s functions would extend to the making of authorisations under Division 3 in relation to the particular person; and

the public interest in issuing the warrant outweighs the public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant, having regard to:

the extent to which the privacy of any person or persons would be likely to be interfered with by the disclosure of information or documents under authorisations that are likely to be made under the authority of the warrant; and

the gravity of the matter in relation to which the warrant is sought; and

the extent to which that information or those documents would be likely to assist in the performance of the Organisation’s functions; and

whether reasonable attempts have been made to obtain the information or documents by other means; and

any submissions made by a Public Interest Advocate under section 180X; and

any other matters the Minister considers relevant.

a request under section 180J has been made for the issue of a journalist information warrant in relation to the particular person; and

the Minister has not, to the knowledge of the Director-General, made a decision under section 180L in relation to the request; and

within the preceding period of 3 months:

the Minister has not refused to issue a journalist information warrant in relation to the particular person; and

the Director-General has not issued such a journalist information warrant; and

the Director-General is satisfied that, security will be, or is likely to be, seriously prejudiced if the access to which the request relates does not begin before a journalist information warrant can be issued and made available by the Minister; and

either:

the issuing of the warrant is authorised under subsection (3); or

the Director-General is satisfied that none of the Ministers specified in subsection (4) is readily available or contactable.

the Minister; or

if the Director-General is satisfied that the Minister is not readily available or contactable—any of the following Ministers:

the Prime Minister;

the Defence Minister;

the Foreign Affairs Minister.

a copy of the warrant; and

a statement of the grounds on which the warrant was issued; and

either:

a copy of the record made under subsection (6); or

if the Director-General was satisfied as mentioned in subparagraph (1)(e)(ii)—a summary of the facts of the case justifying issuing the warrant.

a copy of the warrant; and

either:

a copy of the record made under subsection (6); or

if the Director-General was satisfied as mentioned in subparagraph (1)(e)(ii)—a summary of the facts of the case justifying issuing the warrant.

forthwith inform the Minister accordingly; and

takes such steps as are necessary to ensure that the making of authorisations under the authority of the warrant is discontinued.

if the agency is referred to in subsection 39(2)—a person referred to in that subsection in relation to that agency; or

otherwise:

the chief officer of the agency; or

an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency nominated under subsection (3).

in any case—the chief officer of the agency; or

if the application is made, on the agency’s behalf, by a person other than the chief officer—that other person;

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

administer an oath or affirmation; or

authorise another person to administer an oath or affirmation.

issue a journalist information warrant that authorises the making of authorisations under one or more of sections 178, 178A, 179 and 180 in relation to the particular person to which the application relates; or

refuse to issue a journalist information warrant.

the warrant is reasonably necessary for whichever of the following purposes are applicable:

if the warrant would authorise the making of authorisations under section 178—for the enforcement of the criminal law;

if the warrant would authorise the making of authorisations under section 178A—finding a person who the Australian Federal Police, or a Police Force of a State, has been notified is missing;

if the warrant would authorise the making of authorisations under section 179—the enforcement of a law imposing a pecuniary penalty or for the protection of the public revenue;

if the warrant would authorise the making of authorisations under section 180—the investigation of an offence of a kind referred to in subsection 180(4); and

the public interest in issuing the warrant outweighs the public interest in protecting the confidentiality of the identity of the source in connection with whom authorisations would be made under the authority of the warrant, having regard to:

the extent to which the privacy of any person or persons would be likely to be interfered with by the disclosure of information or documents under authorisations that are likely to be made under the authority of the warrant; and

the gravity of the matter in relation to which the warrant is sought; and

the extent to which that information or those documents would be likely to assist in relation to that matter; and

whether reasonable attempts have been made to obtain the information or documents by other means; and

any submissions made by a Public Interest Advocate under section 180X; and

any other matters the Part 4-1 issuing authority considers relevant.

may, at any time, by signed writing, revoke a journalist information warrant issued under this Subdivision to the agency; and

must do so, if he or she is satisfied that the grounds on which the warrant was issued to the agency have ceased to exist.

to the Minister about matters relevant to:

a decision to issue, or refuse to issue, a journalist information warrant under section 180L; or

a decision about the conditions or restrictions (if any) that are to be specified in such a warrant; or

to a Part 4-1 issuing authority about matters relevant to:

a decision to issue, or refuse to issue, the warrant under section 180T; or

a decision about the conditions or restrictions (if any) that are to be specified in such a warrant.

to enable a person to comply with his or her obligations under section 185D or 185E; or

(i) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986; or

by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act.

to enable a person to comply with his or her obligations under section 185D or 185E; or

to enable a person to comply with his or her obligations under section 185D or 185E; or

to enable a person to comply with his or her obligations under section 185D or 185E; or

the disclosure is reasonably necessary:

for a person to comply with his or her obligations under section 185D or 185E; or

for the performance by the Organisation of its functions; or

for the enforcement of the criminal law; or

for the enforcement of a law imposing a pecuniary penalty; or

for the protection of the public revenue; or

the disclosure is:

(i) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986; or

by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act.

the use is reasonably necessary:

for a person to comply with his or her obligations under section 185D or 185E; or

for the enforcement of the criminal law; or

for the enforcement of a law imposing a pecuniary penalty; or

for the protection of the public revenue; or

(b) the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986.

the person discloses or uses information; and

the information is about any of the following:

whether a journalist information warrant (other than such a warrant that relates only to section 178A) has been, or is being, requested or applied for;

the making of such a warrant;

the existence or non-existence of such a warrant;

the revocation of such a warrant.

the person discloses or uses a document; and

the document consists (wholly or partly) of any of the following:

a journalist information warrant (other than such a warrant that relates only to section 178A);

the revocation of such a warrant.

the disclosure or use is for the purposes of the warrant, revocation or notification concerned; or

the disclosure or use is reasonably necessary:

to enable the making of submissions under section 180X; or

to enable a person to comply with his or her obligations under section 185D or 185E; or

to enable the Organisation to perform its functions; or

to enforce the criminal law; or

to enforce a law imposing a pecuniary penalty; or

to protect the public revenue; or

in the case of a disclosure—the disclosure is:

(i) to an IGIS official for the purpose of the Inspector-General of Intelligence and Security exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986; or

by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under that Act; or

(d) in the case of a use—the use is by an IGIS official in connection with the IGIS official exercising powers, or performing functions or duties, under the Inspector-General of Intelligence and Security Act 1986.

the Director-General of Security must, as soon as practicable, give a copy of the warrant to the Inspector-General of Intelligence and Security; and

the Minister must, as soon as practicable, cause the Parliamentary Joint Committee on Intelligence and Security to be notified of the issuing of the warrant.

(a) the Inspector-General gives to the Minister a report under Inspector-General of Intelligence and Security Act 1986; andsection 22 or 25A of the

the report relates (wholly or partly) to one or both of the following:

a journalist information warrant issued to the Organisation;

one or more authorisations referred to in subsection (2) of this section;

a journalist information warrant; or

an authorisation or authorisations;

if the agency was the Australian Federal Police:

the Commissioner of Police must, as soon as practicable, give copies of the warrant to the Minister and the Ombudsman; and

the Minister must, as soon as practicable after receiving a copy, cause the Parliamentary Joint Committee on Intelligence and Security to be notified of the issuing of the warrant; and

otherwise—the chief officer of the agency must, as soon as practicable, give a copy of the warrant to the Ombudsman.

the Ombudsman gives to the Minister a report under section 186J of this Act; and

the report relates (wholly or partly) to one or both of the following:

a journalist information warrant issued to the Australian Federal Police;

one or more authorisations, referred to in subsection (6) of this section, that were made by one or more authorised officers of the Australian Federal Police;

a journalist information warrant; or

an authorisation or authorisations;

(a) the Inspector-General of Intelligence and Security gives to the Minister a report under Inspector-General of Intelligence and Security Act 1986; andsection 22 or 25A of the

the report relates (wholly or partly) to the purpose or manner of access to retained data by means of one or more authorisations under Division 3 of Part 4-1 of this Act;

the Ombudsman gives to the Minister a report under section 186J of this Act; and

the report relates (wholly or partly) to the purpose or manner of access to retained data by means of one or more authorisations under Division 4 or 4A of Part 4-1 of this Act; and

the authorisation or authorisations were made by one or more authorised officers of the Australian Federal Police;

the lengths of time for which the information or documents that were covered by those authorisations had been held when the authorisations were made; and

the number of occasions during that year on which authorised officers of the agency made authorisations relating to retained data that included information of a kind referred to in item 1 of the table in subsection 187AA(1); and

the number of occasions during that year on which authorised officers of the agency made authorisations relating to retained data that included information of a kind referred to in item 2, 3, 4, 5 or 6 of the table in subsection 187AA(1); and

the number of authorisations, referred to in paragraph (e) of this subsection, that were made under journalist information warrants issued to the agency under Subdivision C of Division 4C of Part 4-1; and

the number of journalist information warrants issued to the agency under that Subdivision during the period; and

information of a kind declared under subsection (1E) of this section.

in relation to each of 8 successive periods of 3 months, the number of the authorisations made for information or documents held for lengths of time included in that period; and

the number of the authorisations made for information or documents held for lengths of time exceeding 24 months.

(a) that is of a kind referred to in paragraph 187A(1)(a) or (b) of the Telecommunications (Interception and Access) Act 1979 as amended by this Act; and

that a service provider was keeping, or causing to be kept, immediately before the commencement of this item; and

in relation to which a period specified in section 187C of that Act as so amended had not expired before that commencement.

approval of:

a data retention implementation plan; or

an amendment of a data retention implementation plan;

a decision under subsection 187K(1) or 187KA(2) of that Act as so amended.

the number of days in the period between:

the day the application referred to in that subitem was made; and

(ii) the day immediately before the commencement of Telecommunications (Interception and Access) Act 1979 as amended by this Act; orPart 5-1A of the

60 days;

the Australian Federal Police;

a Police Force of a State;

the Australian Commission for Law Enforcement Integrity;

the ACC;

the Australian Customs and Border Protection Service;

the Australian Securities and Investments Commission;

the Australian Competition and Consumer Commission;

the Crime Commission;

the Independent Commission Against Corruption;

the Police Integrity Commission;

the IBAC;

the Crime and Corruption Commission of Queensland;

the Corruption and Crime Commission;

the Independent Commissioner Against Corruption;

subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.

an authority or body to be a criminal law-enforcement agency; and

persons specified, or of a kind specified, in the declaration to be officers of the criminal law-enforcement agency for the purposes of this Act.

whether access to stored communications, and the making of authorisations under the authority or body in investigating serious contraventions; andsection 180, would be reasonably likely to assist

whether the authority or body:

is required to comply with the Australian Privacy Principles; or

is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or

has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 3 or 4, if the declaration is made; and

whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of a criminal law-enforcement agency under Chapter 3, and the obligations of an enforcement agency under Chapter 4; and

whether the Minister considers that the declaration would be in the public interest; and

any other matter that the Minister considers relevant.

be comparable to the protection provided by the Australian Privacy Principles; and

include a mechanism for monitoring the authority’s or body’s compliance with the scheme; and

include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.

a power conferred on a criminal law-enforcement agency by or under a specified provision in Chapter 3; or

a power conferred on an enforcement agency by or under a specified provision in Chapter 4.

a domestic preservation notice given by the authority or body; or

a stored communications warrant issued to the authority or body; or

an authorisation made by an authorised officer of the authority or body under Division 4 of Part 4-1;

comes into force when it is made, or on such later day as is specified in the declaration; and

ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.

subject to subsection 110A(7), a criminal law-enforcement agency;

subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.

an authority or body to be an enforcement agency; and

persons specified, or of a kind specified, in the declaration to be officers of the enforcement agency for the purposes of this Act.

enforcement of the criminal law; or

administering a law imposing a pecuniary penalty; or

administering a law relating to the protection of the public revenue.

whether the making of authorisations under the authority or body in performing the functions referred to in subsection (3B); andsection 178 or 179 would be reasonably likely to assist

whether the authority or body:

is required to comply with the Australian Privacy Principles; or

is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or

has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 4, if the declaration is made; and

whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of an enforcement agency under Chapter 4; and

whether the Minister considers that the declaration would be in the public interest; and

any other matter that the Minister considers relevant.

be comparable to the protection provided by the Australian Privacy Principles; and

include a mechanism for monitoring the authority’s or body’s compliance with the scheme; and

include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.

comes into force when it is made, or on such later day as is specified in the declaration; and

ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.

in the case of an enforcement agency for which a declaration under subsection 176A(3) is in force—a person specified, or of a kind specified, in the declaration to be an officer of the enforcement agency for the purposes of this Act.

a domestic preservation notice was given to a carrier before the commencement of this Schedule; and

the notice was in force immediately before that commencement; and

the authority or body that gave the notice was not the Organisation; and

on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

a stored communications warrant was issued to an authority or body before the commencement of this Schedule; and

the warrant was in force immediately before that commencement; and

on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

(a) an authority or body made an authorisation under Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; andDivision 4 of Part 4-1 of the

the authorisation was in force immediately before that commencement; and

on that commencement, the authority or body is not an enforcement agency;

(a) an authority or body issued a certificate under Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; andsection 107U or 130 of the

on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

(a) an authority or body issued a certificate under Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; andsection 185C of the

on that commencement, the authority or body is not an enforcement agency;

was a criminal law-enforcement agency immediately before the commencement of this Schedule; and

on that commencement, is not a criminal law-enforcement agency (whether or not it is an enforcement agency);

was an enforcement agency immediately before the commencement of this Schedule; and

on that commencement, is not an enforcement agency;

to attend before a person; or

to give information; or

to answer questions;

each preservation notice given by the agency, and documents or other materials that indicate whether the notice was properly given;

each notice under subsection 107L(3) of the revocation of such a preservation notice, and documents or other materials that indicate whether the revocation was properly made;

each stored communications warrant issued to the agency, and documents or other materials that indicate whether the warrant was properly applied for, including:

a copy of each application for such a warrant; and

a copy of each affidavit supporting such an application; and

documents or other materials that indicate whether the applicant for such a warrant complied with the requirements of Division 1 of Part 3-3;

each instrument revoking such a warrant under section 122, and documents or other materials that indicate whether the revocation was properly made;

documents or other materials that indicate the persons approved under subsection 127(2), and the persons appointed under subsection 127(3) to be approving officers for the purposes of subsection 127(2);

each authorisation by the chief officer under subsection 135(2);

each request for mutual assistance, being a request to which a mutual assistance application relates, and documents or other materials that indicate:

whether the request was made lawfully; or

the offence in relation to which the request was made;

documents or other materials that indicate whether the communication, use or recording of lawfully accessed information (other than foreign intelligence information, preservation notice information or stored communication warrant information) complied with the requirements of Division 2 of Part 3-4;

documents indicating whether information or a record was destroyed in accordance with section 150;

each evidentiary certificate issued under this Chapter;

each report given to the Minister under Division 1 of Part 3-6;

documents and other materials of a kind prescribed under subsection (2) of this section.

starting when the item came into existence; and

ending:

when 3 years have elapsed since the item came into existence; or

when the Ombudsman gives a report to the Minister under section 186J that is about records that include the item;

each authorisation made by an authorised officer of the agency under section 178, 178A, 179 or 180, and documents or other materials that indicate any of the following:

whether the authorisation was properly made (including whether the authorised officer took into account the matters referred to in subsection 178(3), 178A(3), 179(3) or 180(4) (as the case requires), the matters referred to in section 180F and all other relevant considerations);

if the authorisation is made under section 180—the period during which the authorisation is in force;

when the authorisation was notified under subsection 184(3);

each notice of the revocation under subsection 180(7) of an authorisation under section 180, and documents or other materials that indicate any of the following:

whether the revocation was properly made;

when the revocation was notified under subsection 184(4);

if the agency is the Australian Federal Police—each authorisation made by an authorised officer of the Australian Federal Police under section 180A or 180B, and documents or other materials that indicate any of the following:

whether the authorisation was properly made (including whether the authorised officer took into account the matters referred to in subsection 180A(3) or (5), 180B(3) or (8) or 180E(1) (as the case requires), the matters referred to in section 180F and all other relevant considerations);

if the authorisation is made under section 180B—the period during which the authorisation is in force;

if the authorisation is made under subsection 180B(8)—whether the authorised officer was satisfied as to the matters referred to in paragraphs 180B(8)(a) and (b);

when the authorisation was notified under subsection 184(5);

if the agency is the Australian Federal Police—each notice of the extension under subsection 180B(6) of an authorisation under section 180B, and documents or other materials that indicate any of the following:

whether the extension was properly made;

when the extension was notified under subsection 184(5);

if the agency is the Australian Federal Police—each notice of the revocation under subsection 180B(4) of an authorisation under section 180B, and documents or other materials that indicate any of the following:

whether the revocation was properly made;

when the revocation was notified under subsection 184(6);

if the agency is the Australian Federal Police—each authorisation made by an authorised officer of the Australian Federal Police under section 180C or 180D, and documents or other materials that indicate whether the authorisation was properly made, including whether the authorised officer took into account:

the matters referred to in subsection 180C(2), 180D(2) or 180E(1) (as the case requires); and

the matters referred to in section 180F; and

all other relevant considerations;

documents or other materials that indicate whether:

a disclosure of information or a document to which subsection 181B(1) or (2) applies took place in circumstances referred to in subsection 181B(3); or

a use of information or a document to which subsection 181B(4) or (5) applies took place in circumstances referred to in subsection 181B(6); or

a disclosure or use of information or a document to which subsection 182(1) applies took place in circumstances referred to in subsection 182(2), (2A), (3), (4) or (4A);

each evidentiary certificate issued under section 185C;

each report given to the Minister under section 186;

documents and other materials of a kind prescribed under subsection (2) of this section.

starting when the item came into existence; and

ending:

when 3 years have elapsed since the item came into existence; or

when the Ombudsman gives a report to the Minister under section 186J that is about records that include the item;

the extent of compliance with Chapter 4 by the agency and its officers; and

if the agency is a criminal law-enforcement agency—the extent of compliance with Chapter 3 by the agency and its officers.

after notifying the chief officer of the agency, may enter at any reasonable time premises occupied by the agency; and

is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and

despite any other law, is entitled to make copies of, and to take extracts from, records of the agency; and

may require a member of staff of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information:

that is in the member’s possession, or to which the member has access; and

that is relevant to the inspection.

a stored communications warrant; or

an authorisation under Division 3, 4 or 4A of Part 4-1;

if the Ombudsman knows the officer’s identity—by writing given to the officer, require the officer to do one or both of the following:

give the information to the Ombudsman, by writing signed by the officer, at a specified place and within a specified period;

attend before a specified inspecting officer to answer questions relevant to the inspection; or

if the Ombudsman does not know the officer’s identity—require the chief officer of the agency, or a person nominated by the chief officer, to attend before a specified inspecting officer to answer questions relevant to the inspection.

a place for the attendance; and

a period within which, or a time and day when, the attendance is to occur.

to attend before a person; or

to give information; or

to answer questions;

contravene a law; or

be contrary to the public interest; or

might tend to incriminate the person or make the person liable to a penalty.

the information, the answer, or the fact that the person has given access to the document, as the case may be; and

any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

giving access to a record of the agency to an inspecting officer;

a reference in those subsections to an officer were a reference to an inspecting officer; and

a reference in those subsections to information did not include a reference to lawfully accessed information or lawfully intercepted information; and

a reference in those subsections to that Act were a reference to this Chapter; and

paragraph 35(3)(b) of that Act were omitted; and

section 35A of that Act had not been enacted.

has powers under the law of that State or Territory; and

has the function of making inspections of a similar kind to those provided for in section 186B of this Act when the inspecting authority is exercising those powers.

to an APS employee responsible to the Ombudsman; or

to a person having similar oversight functions to the Ombudsman under the law of a State or Territory or to an employee responsible to that person;

endanger a person’s safety; or

prejudice an investigation or prosecution; or

compromise any enforcement agency’s operational activities or methodologies.

the inspection is taken to be an inspection conducted under Chapter 4A of that Act as amended by this Act; and

anything done under that section in relation to the inspection before that commencement is taken to have been done under Chapter 4A of that Act as so amended.

(a) an inspection that the Ombudsman was conducting before the commencement of this Schedule under Telecommunications (Interception and Access) Act 1979 was finished before that commencement; butsection 152 of the

the inspection was not the dealt with before that commencement in any report to the Minister under section 153 of that Act;