skills to maintain an interception system and meet more comprehensive oversight and accountability frameworks. Alternatively, it could request (possibly on a user pays basis) other interception agencies to execute TI warrants on its behalf but this will still have resource implications for ASIC and the other agency. For the reasons stated above, the Taskforce does not consider that ASIC should be made an interception agency. Questions 1. Should ASIC be a recipient agency so that it can receive telecommunications intercept material lawfully obtained by interception agencies and use that material for the purpose of investigating serious Corporations Act offences and or offences? ‘serious’ ‘relevant’ 2. If ASIC is made a recipient agency, are any additional reforms appropriate to address any negative consequences of this change? A TIA Material Description Purpose for access How obtained Agencies Interception agencies Telecommunications Live stream of the Investigating a Warrant interception content of serious offence, as communications defined in section Includes: carried over a 5D of the TIA Act Australian Federal Police telecommunications Australian Commission for service, e.g. realtime Law Enforcement Integrity listening of Australian Crime telephone Commission, now the Australian Criminal Intelligence Commission An authority of a ‘eligible State’ in respect of which a declaration under s34 is in force. Interception agencies Stored Content of historical Investigating a Warrant communications communications, serious e.g. textbased contravention as Criminal communications like defined in s5E of the lawenforcement SMS or email TIA Act. Including agencies offences with at Includes, among others, the: a maximum penalty
skills to maintain an interception system and meet more comprehensive oversight and accountability frameworks. Alternatively, it could request (possibly on a user pays basis) other interception agencies to execute TI warrants on its behalf but this will still have resource implications for ASIC and the other agency. For the reasons stated above, the Taskforce does not consider that ASIC should be made an interception agency. Questions 1. Should ASIC be a recipient agency so that it can receive telecommunications intercept material lawfully obtained by interception agencies and use that material for the purpose of investigating serious Corporations Act offences and ‘serious’ or ‘relevant’ offences? 2. If ASIC is made a recipient agency, are any additional reforms appropriate to address any negative consequences of this change? A TIA Material Description Purpose for access How obtained Agencies Telecommunications interception Live stream of the content of communications carried over a telecommunications service, e.g. realtime listening of telephone Investigating a serious offence, as defined in section 5D of the TIA Act Warrant Interception agencies Includes: Australian Federal Police Australian Commission for Law Enforcement Integrity Australian Crime Commission, now the Australian Criminal Intelligence Commission An ‘eligible authority of a State’ in respect of which a declaration under s34 is in force. Stored communications Content of historical communications, e.g. textbased communications like SMS or email Investigating a serious contravention as defined in s5E of the TIA Act. Including offences with at a maximum penalty Warrant Interception agencies Criminal lawenforcement agencies Includes, among others, the: