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The Australian Government has made changes to functions overseen by the Attorney-General's Department and Department of Home Affairs. These changes involve the transfers of:

  • identity and biometrics functions into the Attorney-General's Department
  • protective security policy and government and major event security functions to the Department of Home Affairs.

Guidelines on the operation of the Telecommunications Interception and Access (TIA) Act

The mandatory data retention regime in the Telecommunications (Interception and Access) Act 1979 requires telecommunication providers, carriers and internet providers to keep certain data to ensure it is available for law enforcement and national security purposes.

The Attorney General’s Department has prepared the guidelines to provide clarity on the access, use, disclosure and retention of telecommunications data under the mandatory data retention regime.

The guidelines were developed in response to a recommendation from the Parliamentary Joint Committee on Intelligence and Security’s review of the mandatory data retention regime.

The guidelines were developed in consultation with industry and law enforcement, security, oversight and integrity agencies through the Interception Consultative Committee.

The guidelines are intended to support the operation of the TIA Act and provide clarity for agencies, communications service providers and the public.

Each guideline should be read together with the relevant provisions of the TIA Act. The guidelines are not a substitute for legal or other professional advice.

Each guideline is subject to periodic review to reflect continuing engagement with stakeholders. The department will prepare updates and new guidelines as required.

Additional information about the PJCIS Report – mandatory data retention regime.

Read the government response

Read the guidelines on application of the TIA Act