Telecommunications Interception & Access Laws

Last Updated: 19 Oct 2006

"There was, of course, no way of knowing whether you were being watched at any given moment... it was even conceivable that [the Thought Police] watched everybody all the time... They could plug in your wire whenever they wanted to. You had to live... in the assumption that... every movement was scrutinized."

-  George Orwell 1947, in 1984


This page provides information about the Telecommunications (Interception and Access) Act 1979 which was amended effective from 13 June 2006 to provide significantly improved privacy protection for email, SMS and voice mail messages stored on carriers' equipment.

Contents

Telecommunications (Interception and Access) Act 1979 (C'th)

Overview

The primary object of the Commonwealth Telecommunications (Interception and Access) Act 1979 ("TIA Act") is to protect the privacy of individuals who use the Australian telecommunications system. The second purpose of the TIA Act is to specify the circumstances in which it is lawful for interception of, or access to, communications to take place.

The TIA Act prohibits the interception of communications passing over a telecommunications system and prohibits access to stored communications (i.e. email, SMS and voice mail messages stored on a carrier's equipment) except where authorised in specified circumstances. The primary exception is to enable law enforcement agencies to lawfully intercept or access telecommunications in specified circumstances pursuant to an interception warrant or a stored communications warrant issued under the TIA Act. A small number of other exceptions are specified for particular purposes including tracing the location of callers in emergencies, and the operation and maintenance of a telecommunications system.

Prior to 13 June 2006 the Act was named the Telecommunications (Interception) Act 1979 and during the period 15 December 2004 to 12 June 2006, it did not apply to "stored communications", i.e. email, SMS and voice mail messages stored on carriers' equipment. However, the legislation has applied to stored communications since 13 June 2006.

The name of the Act was changed to the Telecommunications (Interception and Access) Act 1979 by the Telecommunications (Interception) Amendment Act 2006 ("the 2006 Act") which established a regime to govern access to stored communications (e.g. email, SMS and voice mail messages) held by a telecommunications carrier. These amendments included the establishment of a new "stored communications warrant". The 2006 Act also made a number of changes to the pre-existing interception provisions of the Act.

As stated in the Explanatory Memorandum to the 2006 Act:

In relation to both telecommunications interception and access to stored communications, the Act makes clear that the general position is that these activities are prohibited, except in certain clearly defined situations. This reflects the primary focus of the Act which is to protect the privacy of communications.

The terms "communication" and "telecommunications system" are defined in the TIA Act as follows:

communication includes conversation and a message, and any part of a conversation or message, whether:
(a) in the form of:
     (i) speech, music or other sounds;
     (ii) data;
     (iii) text;
     (iv) visual images, whether or not animated; or
     (v) signals; or
(b) in any other form or in any combination of forms.

telecommunications system means:
(a) a telecommunications network that is within Australia; or
(b) a telecommunications network that is partly within Australia, but only to the extent that the network is within Australia;
and includes equipment, a line or other facility that is connected to such a network and is within Australia.

The interception related provisions of the TIA Act apply to communications that are "passing over a telecommunications system", that is, "live" or "real-time" communications such as telephone call conversations and communications in transit over the Internet including while passing through ISPs' equipment such as routers, etc.

The stored communications provisions of the TIA Act apply to communications such as email, SMS and voice mail messages that either have not commenced, or have completed, passing over a telecommunications system and that are stored on a telecommunications carrier's equipment (including on an Internet Service Provider's equipment).

The TIA Act also contains a number of safeguards, controls and accountability mechanisms involving record keeping, reporting, restrictions on use of intercepted or accessed information, etc.

The remainder of this page provides a more detailed outline of the provisions of the TIA Act in relation to the prohibitions on interception/access and the circumstances in which enforcement agencies may be authorised to intercept/access. It should be noted that the TIA Act contains 256 pages as at 13 June 2006 and the purpose of this page is to provide an outline of some, not all, sections.

Interception

Definitions

The interception related provisions of the TIA Act apply to "live" or "real-time" communications, that is, communications that are "passing over a telecommunications system".

Interception "consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication" (s6(1)).

The meaning of the term "passing over a telecommunications system" was amended by the 2006 Act to clarify whether a particular communication is passing over, or is a stored communication:

5F (1) For the purposes of this Act, a communication:
(a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication; and
(b) is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.

Definitions of "accessible to" and "intended recipient" are detailed in the section concerning stored communications later herein.

Prohibition on Interception of Telecommunications

Section 7 of the TIA Act states:

(1) A person shall not:
(a) intercept;
(b) authorize, suffer or permit another person to intercept; or
(c) do any act or thing that will enable him or her or another person to intercept;
a communication passing over a telecommunications system.

A person who contravenes subsection 7(1) is guilty of an offence punishable on conviction by imprisonment for a period not exceeding 2 years (s105). Note, however, that limited exceptions to the s7(1) prohibition are specified in other subsections of s7. These include interception under an interception warrant.

Interception Warrants

Interception warrants may be issued for two purposes: national security and law enforcement.

National Security

Interception warrants for national security purposes may be issued to the Australian Security Intelligence Organisation ("ASIO"). ASIO is able to intercept communications under the warrant regime in Chapter 2 Part 2-2 of the TIA Act which provides that the Attorney-General may issue warrants to ASIO where the communications are being used by a person who is reasonably suspected of engaging in activities prejudicial to security, and the interception will, or is likely to, assist the ASIO in its function of obtaining intelligence relevant to security.

Interception warrants issued to ASIO may also permit access to stored communications (s109).

Interception warrants issued to ASIO may be in force for a period up to maximum of 6 months, unless it is a 'B-Party' warrant (see below), in which case the maximum is up to 3 months (s9B).

Law Enforcement

Interception warrants for law enforcement purposes may be issued, under the warrant regime in Chapter 2 Part 2-5 of the TIA Act, only to specified criminal law enforcement agencies for the purpose of investigating specified "serious crimes".

Types of Interception Warrants

The Act provides for the issue of two types of interception warrants:

  • a "telecommunications service" warrant (s46) authorises the interception of only one service at a time (e.g. one telephone number).

    Prior to 13 June 2006, these warrants were only permitted to authorise interception of a service being used, or likely to be used, by a suspect. However, the 2006 Act inserted amendments enabling "B-party interception", that is, interception of a service that is likely to be used by another person (a non-suspect) to communicate with the suspect. (These amendments were highly publicly controversial and were opposed by EFA and others).

  • a "named person" warrant (s46A) authorises the interception of more than one telecommunications service used or likely to be used by the person the subject of the warrant (i.e. it may authorise interception of one or more telephone services and/or also interception of one or more email services, etc).

    Prior to 13 June 2006, these warrants were only permitted to authorise interception of communications made to/from telecommunications services that the person is using, or is likely to use. However, the 2006 Act inserted amendments enabling "Equipment-based interception", that is, interception of communications made by means of a particular telecommunications device that a person is using, or is likely to use. (EFA opposed these amendments which appear to have an inappropriately and unjustifiably high potential to result in interception of communications of persons who are not suspects (i.e. are not named in the warrant) because, among other things, the types of device numbers to be used do not necessarily uniquely identify a particular device.)

Interception warrants may also permit access to stored communications, when such access meets the conditions of the specified exception to the general prohibition on access to stored communications.

Duration of Interception Warrants

Interception warrants are required to specify the period for which the warrant is to be in force, which is up to a maximum 90 days, unless it is a 'B-Party' warrant, in which case the maximum is up to 45 days.

Authorised Interception Agencies

Interception warrants can only be issued to criminal law enforcement agencies that have been specifically authorised under the TIA Act (e.g. the Australian Federal Police, the Australian Crime Commission) and State/Territory criminal law enforcement agencies that have been declared by the C'th Attorney-General under s34 of the TI Act to be an agency for the purposes of the Act. Before the Attorney-General can declare a State/Territory agency, there must be State/Territory legislation complementing the C'th TIA Act which imposes parallel supervisory and accountability provisions (including those relating to inspection and reporting requirements) on the State/Territory agency (s35). Hence, agencies of States/Territories that are not bound by such complementary legislation are not and cannot be authorised to obtain interception warrants. As at 30 June 2005, the following agencies were entitled to apply for interception warrants for law enforcement purposes (according to the Telecommunications (Interception) Act 1979 Report for the year ending 30 June 2005):

(a) Australian Federal Police;
(b) Australian Crime Commission;
(c) New South Wales Police;
(d) New South Wales Crime Commission;
(e) Independent Commission Against Corruption;
(f) Police Integrity Commission [NSW];
(g) South Australia Police;
(h) Victoria Police;
(i) Western Australia Police;
(j) Western Australian Corruption and Crime Commission; and
(k) Tasmania Police.

Threshold for Issue of Interception Warrants

Interception warrants may only be issued in relation to the investigation of "serious offences" as defined in s5D of the TIA Act. (The 2006 amendment Act removed the distinction between class 1 and class 2 offences - both classes of offences became named "serious offences"). Serious offences include but are not limited to:

  • conduct involving an act or acts of terrorism, murder, kidnapping, narcotics offences and being a party to those offences; and
  • offences that are punishable by imprisonment for life or for a period, or maximum period, of at least 7 years and
    • involve loss or serious risk of loss of a person's life; serious personal injury or serious risk of same; serious damage to property in circumstances endangering the safety of a person; serious arson; trafficking in prescribed substances (e.g. drugs); serious fraud; bribery and corruption of or by government officers; the production, publication, possession, supply or sale of, or other dealing in, child pornography; consenting to or procuring the employment of a child, or employing a child, in connection with child pornography; money laundering; people smuggling with exploitation, slavery, sexual servitude and deceptive recruiting; specified cybercrime offences; offences involving two or more offenders and substantial planning and organisation of a kind involving the use of sophisticated methods and techniques in relation to specified crimes such as theft, handling of stolen goods, tax evasion, currency violations, extortion, harbouring criminals, dealings in firearms or armaments, a sexual offence against a person who is under 16, an immigration offence. An offence is also a serious offence if it is an offence constituted by aiding, abetting, counselling or procuring the commission of, or conspiring to commit, a serious offence.

For the full list of serious offences, see Section 5D of the TIA Act.

Issuers of Interception Warrants

Interception warrants can only be issued by an 'eligible judge' or nominated member of the Administrative Appeals Tribunal (AAT). An 'eligible Judge' means a person who is a Judge of a court created by the Parliament who has consented in writing to being nominated by the Attorney-General, and who has been declared by the Attorney-General to be an eligible Judge (s6D). As at 30 June 2005 eligible Judges were members of the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Court. A 'nominated AAT member' means a a Deputy President, a full-time senior member, a part-time senior member or a member of the AAT who has been nominated by the Attorney-General to issue interception warrants. In the case of part-time senior members and members of the AAT, the Attorney-General must not nominate such a member unless the person has been enrolled as a legal practitioner of the High Court, Federal Court, or Supreme Court of a State or of the Australian Capital Territory for not less than five years (s6DA).

Conditions of Issue of Interception Warrants

Section 46 (re telecommunications service warrant) and Section 46A (re named person warrant) of the TIA Act set out a range of matters about which an issuing authority must be satisfied prior to issuing a warrant and also matters to which the issuing authority must have regard. The latter include, for example, how much the privacy of any person or persons would be likely to be interfered with by intercepting communications, the gravity of the conduct constituting the offence or offences being investigated, etc. For the full list, refer to Sections 46 and 46A of the TIA Act.

Exceptions to the Prohibition on Interception

Section 7 of the Act sets out a small number of exceptions to the general prohibition on interception, one of which is interception under a warrant as outlined above. Other exceptions are outlined below:

  • Exceptions to enable police to intercept communications in specified urgent situations, and carrier employees on emergency request of police to intercept a communication for the purposes of tracing the location of the caller, where there is risk loss of life or the infliction of serious personal injury or threats to kill or seriously injure another person or to cause serious damage to property, etc. (Refer to s7 of the TIA Act for detailed information about the specific circumstances under which these narrowly tailored exceptions apply.)
  • An exception to enable an officer of ASIO, in the lawful performance of his or her duties, to discover whether a listening device is being used at, or in relation to, a particular place; or determine the location of a listening device.
  • Exceptions applicable to carriers and carrier employees in relation to duties involving the installation of lines and equipment or the operation or maintenance of a telecommunications system. For more detail, see the section later herein regarding exceptions for carrier employees in relation to access to stored communications. The limited circumstances in which carrier employees are not prohibited from intercepting communications are the same as the circumstances in which they are not prohibited from accessing stored communications.

Stored Communications

The stored communications provisions of the Act apply to communications such as email, SMS and voice mail messages that are stored on a carrier's equipment, that is, communications that either have not commenced, or have completed, passing over a telecommunications system (as defined).

Definition of Stored Communications

The TIA Act states:

stored communication means a communication that:
(a) is not passing over a telecommunications system; and
(b) is held on equipment that is operated by, and is in the possession of, a carrier; and
(c) cannot be accessed on that equipment, by a person who is not a party to the communication, without the assistance of an employee of the carrier.

The term "carrier" means a carrier and a carriage service provider within the meaning of the Telecommunications Act 1997 which includes Internet Service Providers ("ISPs").

With regard to (a) above, the Act defines "passing over" as follows:

5F (1) For the purposes of this Act, a communication:
(a) is taken to start passing over a telecommunications system when it is sent or transmitted by the person sending the communication; and
(b) is taken to continue to pass over the system until it becomes accessible to the intended recipient of the communication.
Definitions of "intended recipient" and "accessible to" are as follows:
5G (1) For the purposes of this Act, the intended recipient of a communication is:
(a) if the communication is addressed to an individual (either in the individual's own capacity or in the capacity of an employee or agent of another person)-the individual; or
(b) if the communication is addressed to a person who is not an individual-the person; or
(c) if the communication is not addressed to a person-the person who has, or whose employee or agent has, control over the telecommunications service to which the communication is sent.
5H (1) For the purposes of this Act, a communication is accessible to its intended recipient if it:
(a) has been received by the telecommunications service provided to the intended recipient; or
(b) is under the control of the intended recipient; or
(c) has been delivered to the telecommunications service provided to the intended recipient.
    (2) Subsection (1) does not limit the circumstances in which a communication may be taken
    to be accessible to its intended recipient for the purposes of this Act.

The purpose of the references to a carrier's equipment and the assistance of a carrier's employee in the definition of "stored communication" is explained in the Supplementary Explanatory Memorandum to the 2006 Act which states:

[W]here an enforcement agency has lawful access to telecommunications held on telecommunications equipment, that lawful access is sufficient unless the agency seeks access to the communications without the knowledge of the party to the communication and directly from the telecommunications carrier. For example, where a law enforcement officer executes a general search warrant over a person's premises and lawfully seizes a mobile phone owned by the suspect, it will be lawful for that officer to access the stored communications (eg. voicemail or text messages) without recourse to a stored communications warrant. A stored communications warrant only applies where access to communication is sought without the knowledge of the party to the communication and with the intervention or assistance of an employee of the telecommunications carrier.

Access to Stored Communications

Section 6AA defines accessing a stored communication to include reading it, as well as recording and/or listening to it.

6AA Accessing a stored communication
For the purposes of this Act, accessing a stored communication consists of listening to, reading or recording such a communication, by means of equipment operated by a carrier, without the knowledge of the intended recipient of the communication.

Prohibition on Access to Stored Communications

Section 108 states:

(1) A person commits an offence if:
(a) the person:
   (i) accesses a stored communication; or
   (ii) authorises, suffers or permits another person to access a stored communication; or
   (iii) does any act or thing that will enable the person or another person to access
         a stored communication; and
(b) the person does so with the knowledge of neither of the following:
   (i) the intended recipient of the stored communication;
   (ii) the person who sent the stored communication.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: This section does not prohibit accessing of communications, that are no longer passing over a telecommunications system, from the intended recipient or from a telecommunications device in the possession of the intended recipient.
(1A) Without limiting paragraph (1)(b), a person is taken for the purposes of that paragraph to have knowledge of an act referred to in paragraph (1)(a) if written notice of an intention to do the act is given to the person.
Note: For giving notice, see section 28A of the Acts Interpretation Act 1901.

The provision above concerning the giving of notice (Section 108(1A)) was inserted during the passage of the 2006 Act through Parliament. In that regard, the Supplementary Explanatory Memorandum states:

Amendment 8 inserts a notice mechanism into the stored communications regime for the purposes of providing knowledge to a person that an enforcement agency is going to access their communications.
This amendment addresses concerns raised by a number of enforcement agencies following the introduction of the Bill. Frequently, law enforcement agencies will be unable to locate the person from whom they are seeking access as they may be evading investigation. In that instance, it is more appropriate to allow access to stored communications subject to notice being given to the relevant party to the communication. This will require a law enforcement agency to inform the particular person that the communications will be accessed, or where the person is not contactable, provide notice of the proposed access via such means as a notice on the last registered address or via their legal representative. Notice procedures are well-established means of ensuring all reasonable attempts are made to provide knowledge of the proposed action to the person of interest.

However, while the notice provision has the effect of making access with the knowledge of a party not prohibited by the TIA Act, the TIA Act does not authorise a telecommunications carrier to disclose communications in response to an agency's claim that they have given notice to a party to the communications. Hence as at 17 October 2006, it appears that a telecommunications carrier who disclosed the content of communications in such a circumstance would risk being found in breach of Part 13 of the Telecommunications Act 1997 because Part 13 of that Act prohibits disclosure of the content of communications and the exception relevant to disclosure to enforcement agencies (s280) requires a warrant to authorise disclosure.

The TIA Act includes limited exceptions to the s108(1) prohibition on access which are set out in other subsections of s108. These include access under a stored communication warrant.

Stored Communications Warrants

Stored communications warrants for law enforcement purposes may be issued, under the warrant regime in Chapter 3 of the TIA Act, to enforcement agencies for the purpose of investigating "serious offences" and also "serious contraventions".

(Note: Authorised interception agencies that have obtained an interception warrant may also access stored communications without obtaining a stored communications warrant when such access meets the conditions of the specified exception to the general prohibition on access to stored communications.)

Type of Stored Communications Warrant

Stored communications warrants are of a type similar to "named person" interception warrants in that they are issued in respect of a person, not a telecommunications service, and are therefore able to authorise access to stored communications sent or received via more than one telecommunications service.

A stored communications warrant authorises access to stored communications made by the person in respect of whom the warrant is issued, or that another person has made and for which the intended recipient is the person in respect of whom the warrant is issued, and that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communications (s117).

Duration of Stored Communications Warrants

A stored communications warrant remains in force until it is first executed, or until the end of the period of 5 days after the day on which it was issued, whichever occurs sooner. However, if the warrant relates to more than one telecommunications service and those services are not all operated by the same carrier, the warrant remains in force, to the extent that it relates to a telecommunications service operated by a particular carrier, until it is first executed in relation to a telecommunications service operated by that particular carrier, or until the end of the period of 5 days after the day on which it was issued, whichever occurs sooner (s119).

An issuing authority is not allowed to vary a stored communications warrant by extending the period for which it is to be in force (s119(3)). However, a further warrant in respect of the same person may be issued, but if the further warrant relates to the same telecommunications service as the previous warrant, it must not be issued within 3 days after the day on which the previous warrant was executed or was last executed (s119(4) and (5)).

The Explanatory Memorandum to the 2006 Act makes clear the intent of the above time limits [emphasis added]:

New subsection 119(3) provides that the issuing authority may not extend this [5 day execution] period. As the warrant will only permit access to communications stored at the carrier at the time the warrant is executed, and there is no requirement for carriers to hold stored communications for any length of time, it is in the agencies' interest to execute the warrant as soon as possible.
and
This [3 day] time limit [on issue of a further warrant] is to ensure that agencies are not able to get a new stored communications warrant daily, which would undermine the separate interception warrant regime.
Authorised Agencies

Stored communications warrants can be issued to all "enforcement agencies" as defined in Section 282 of the Telecommunications Act 1997. This means criminal law enforcement agencies, civil penalty enforcement agencies (agencies responsible for administering a law imposing a pecuniary penalty) and public revenue agencies (agencies responsible for administration of a law relating to the protection of the public revenue). Hence, agencies who are not able to obtain an interception warrant are able to obtain a stored communications warrant. This includes, but is not limited to, agencies such as the Australian Customs Service, the Australian Tax Office, the Australian Securities and Investments Commission, and similar State and Territory agencies.

Threshold for issue of Stored Communications Warrants

Stored communications warrants can be issued in relation to the investigation of a much larger range of offences than can interception warrants. The threshold for issue of interception warrants is generally offences with a penalty of a maximum term of imprisonment of at least 7 years ("serious offences"). In contrast, stored communications warrants can be issued for investigation of not only "serious offences" but also "serious contraventions".

A "serious contravention" is defined as an offence (under a law of the Commonwealth, a State or a Territory) that is punishable by imprisonment for a maximum period of at least 3 years; or a maximum fine (pecuniary penalty) of at least 180 penalty units for individuals or at least 900 penalty units for corporations, or the monetary equivalent of the number of penalty units. One penalty unit means $110 (as specified in Section 4AA of the Crimes Act 1914 as at 17 October 2006). In addition, stored communications warrants can be issued as part of statutory civil proceedings which would render the person of interest to a pecuniary penalty of at least 180 penalty units for individuals or at least 900 penalty units for corporations.

Issuers of Stored Communications Warrants

Stored communications warrants are able to be issued by the same issuing authorities as interception warrants (i.e. eligible judges and nominated AAT members) and are also able to be issued by any other Commonwealth, State or Territory judge or magistrate.

Conditions of Issue of Stored Communications Warrants

Section 116(1) of the Act sets out a range of matters about which an issuing authority must be satisfied prior to issuing a warrant and Section 116(2) sets out a range of matters to which the issuing authority must have regard. The latter include, for example, how much the privacy of any person or persons would be likely to be interfered with by accessing the stored communications, the gravity of the conduct constituting the serious contravention, etc. For the full list, refer to Section 116 of the TIA Act.

Exceptions to the Prohibition on Access to Stored Communications

Subsection 108(2) of the Act sets out a small number of exceptions to the general prohibition on access to stored communications and a defendant bears an evidential burden in relation to the matter in subsection (2). One of the exceptions is access under a stored communications warrant (s108(2)(a)) as outlined above. Other exceptions are outlined below.

Exceptions applicable to enforcement agencies
  • Accessing a stored communication under an interception warrant (s108(2)(b). Access to a stored communication is taken to be under an interception warrant if, and only if, the warrant would have authorised interception of the communication if it were still passing over a telecommunications system (s108(3)). The Explanatory Memorandum states:
    In the absence of this exception, interception warrants, which only operate prospectively from the time they are served on the carrier, would not authorise access to stored communications previously sent, meaning that the agency would need to also obtain a stored communications warrant to ensure complete access to all communications. ... [Permitting access under an interception warrant] is considered appropriate as the agency has met the higher threshold needed to obtain the interception warrant, but it would be administratively burdensome for them to also have to obtain a stored communications warrant.
  • Accessing a stored communication by an officer or staff member of the Australian Communications and Media Authority engaged in duties relating to enforcement of the Spam Act 2003.
Exceptions applicable to ASIO
  • Accessing a stored communication under a computer access warrant issued under section 25A of the Australian Security Intelligence Organisation Act 1979
  • Accessing a stored communication if the access results from, or is incidental to, action taken by an officer of ASIO, in the lawful performance of his or her duties, for the purpose of: (i) discovering whether a listening device is being used at, or in relation to, a particular place; or (ii) determining the location of a listening device.

Exceptions applicable to Carriers and Carriers' employees

The Explanatory Memorandum to the 2006 Act states that the following three exceptions "ensure that a carrier, or an employee or agent of a carrier, is not unlawfully accessing stored communications when such access is required to carry out his or her duties is [sic] a reasonable manner". (The first two of these exceptions are the same as the exceptions applicable to interception of communications by carrier employees that have long been set out in Section 7 of the TIA Act.)

  • An act or thing done by an employee of a carrier in the course of his or her duties for or in connection with:
    (i) the installation of any line, or the installation of any equipment, used or intended for use in connection with a telecommunications service; or
    (ii) the operation or maintenance of a telecommunications system; or
    (iii) the identifying or tracing of any person who has contravened, or is suspected of having contravened or being likely to contravene, a provision of Part 10.6 of the Criminal Code;
    if it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.

  • Accessing a stored communication by another person lawfully engaged in duties relating to the installation, connection or maintenance of equipment or a line, if it is reasonably necessary for the person to access the communication in order to perform those duties effectively. The Explanatory Memorandum states:
    This exception provides that network or system administrators do not contravene the prohibition against interception by performing routine functions designed to prevent malicious content such as viruses from entering their networks.
  • Accessing a stored communication by a person lawfully engaged in duties relating to the installation, connection or maintenance of equipment used, or to be used, for accessing stored communications under: (i) stored communications warrants; or (ii) interception warrants; or (iii) computer access warrants issued under section 25A of the Australian Security Intelligence Organisation Act 1979.

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