Note: Legislative amendments introduced the section 284(4) of the Act disclosures in July 2012 and the sections 180A and 180B of the TIA Act disclosures in October 2012. Source: Carriers. In relation to disclosures made under sections 178, 178A, 179 and 180 of the TIA Act, law enforcement agencies (civil and criminal) must be satisfied that the information they request is reasonably necessary to perform their law enforcement functions. An authorised officer must also consider whether any interference with the privacy of any person or persons that may result from the disclosure is justifiable, having regard to the likely relevance and usefulness of the information or documents and the reason why the disclosure concerned was authorised. Emergency suspension of carriage services section 315 of the Act, a senior police officer of a police force or service who holds a rank not lower than the rank of Commissioner’ can request the ‘Assistant suspension of a carriage service if there is an imminent threat to someone’s life or health. CSPs reported the suspension of 27 carriage services in 2012–13 under section 315 of the Act. Interception The content of communications between users of telecommunications services is strictly protected in Australia as one of the most crucial areas of privacy protection. Interception may only be authorised by law enforcement and national security agencies in accordance with a warrant under the TIA Act. Interception for other purposes is prohibited, with criminal penalties applicable for breaches of the TIA Act. Cost of providing assistance Section 314 of the Act applies if a person is required to provide help to an agency. Such persons must comply with a requirement on the basis that the person neither profits from, nor bears the costs of, giving that help. Chapter 5 of the TIA Act obliges carriers and CSPs to ensure that their networks, facilities and carriage services are capable of enabling communications to be intercepted upon presentation of an interception warrant. This obligation includes a requirement to develop, install and maintain an interception capability. Under section 207 of the TIA Act, carriers and CSPs are responsible for the costs associated with providing interception capability in their representative networks. In 2012–13, the cost to industry of providing interception capability was $18.4 million (Figure 2.2), an increase of nine per cent from 2011–12. Figure 2.2 Cost of providing interception capabilities
Note: Legislative amendments introduced the section 284(4) of the Act disclosures in July 2012 and the sections 180A and 180B of the TIA Act disclosures in October 2012. Source: Carriers. In relation to disclosures made under sections 178, 178A, 179 and 180 of the TIA Act, law enforcement agencies (civil and criminal) must be satisfied that the information they request is reasonably necessary to perform their law enforcement functions. An authorised officer must also consider whether any interference with the privacy of any person or persons that may result from the disclosure is justifiable, having regard to the likely relevance and usefulness of the information or documents and the reason why the disclosure concerned was authorised. Emergency suspension of carriage services section 315 of the Act, a senior police officer of a police force or service who holds a rank not lower than the rank of ‘Assistant Commissioner’ can request the suspension of a carriage service if there is an imminent threat to someone’s life or health. CSPs reported the suspension of 27 carriage services in 2012–13 under section 315 of the Act. Interception The content of communications between users of telecommunications services is strictly protected in Australia as one of the most crucial areas of privacy protection. Interception may only be authorised by law enforcement and national security agencies in accordance with a warrant under the TIA Act. Interception for other purposes is prohibited, with criminal penalties applicable for breaches of the TIA Act. Cost of providing assistance Section 314 of the Act applies if a person is required to provide help to an agency. Such persons must comply with a requirement on the basis that the person neither profits from, nor bears the costs of, giving that help. Chapter 5 of the TIA Act obliges carriers and CSPs to ensure that their networks, facilities and carriage services are capable of enabling communications to be intercepted upon presentation of an interception warrant. This obligation includes a requirement to develop, install and maintain an interception capability. Under section 207 of the TIA Act, carriers and CSPs are responsible for the costs associated with providing interception capability in their representative networks. In 2012–13, the cost to industry of providing interception capability was $18.4 million (Figure 2.2), an increase of nine per cent from 2011–12. Figure 2.2 Cost of providing interception capabilities
Chapter-2_National-interest-issues_CR201213-docx.docx