The Telecommunications and Other Legislation Amendment Bill 2025 updates Australia’s interception, surveillance and covert‐operations regimes to ensure they operate as intended, preserve fair-trial rights, and align administrative responsibilities with current departmental arrangements.
It amends the Telecommunications (Interception and Access) Act 1979, Surveillance Devices Act 2004 and Crimes Act 1914 to refine disclosure and admissibility of network warrant information, transfer the Communications Access Coordinator role, permit controlled access to stored communications for testing, modernise international production orders, and clarify thresholds for controlled operations in online environments.
The Bill amends key federal statutes to modernise Australia’s telecommunications and law-enforcement frameworks:
These amendments balance intelligence-collection powers with legal safeguards, modernise technical definitions, and ensure administrative coherence.
The Bill reinforces the rule of law by ensuring all relevant network activity warrant information can be disclosed to defendants and their counsel, upholding the right to a fair trial and preventing miscarriages of justice. It strikes a balance between intelligence confidentiality and prosecutorial transparency, thereby strengthening public confidence in criminal proceedings. [Judgment]
By transferring the Communications Access Coordinator role to the department responsible for the TIA Act, the Bill reduces administrative friction and enhances governmental accountability, ensuring clear lines of responsibility and oversight. [Judgment]
Updating the development and testing authorisation framework to include stored communications under strict use, disclosure and destruction rules modernises Australia’s interception capabilities in line with technological advances, enabling law enforcement to innovate responsibly while maintaining robust privacy safeguards. [Judgment]
Expanding the use, recording and communication permissions for network activity warrants risks eroding the intelligence-only safeguard that originally justified lower warrants thresholds, potentially leading to routine admission of sensitive intercepts in evidentiary proceedings and chilling future intelligence collection. [Judgment]
Redefining “intercept” to “access” in international production orders and mandating copies of stored communications substantially broadens the data-collection footprint of Australian agencies overseas, raising legal uncertainty for providers and potential conflicts with foreign privacy regimes. [Judgment]
Clarifying controlled-operations thresholds around “direct and reasonably foreseeable consequences” may inadvertently lower oversight barriers, allowing undercover operatives to engage in riskier online activities with insufficient foresight into indirect harms, thereby exposing participants and targets to unpredictable legal and safety consequences. [Judgment]
2025-08-27
House of Representatives
Before House of Representatives
Unspecified
Home Affairs
National Security, Criminal Law Reform