For Official Use Only
SE16/150
SUPPLEMENTARY BUDGET ESTIMATES BRIEFING – OCTOBER 2016
ACCESS TO TELECOMMUNICATIONS DATA BY THE CLEAN ENERGY
REGULATOR
ISSUE
On 4 October 2016, an article was published on the ABC online news website regarding
Australian Government agencies requesting the Australian Federal Police (AFP) to access
telecommunications data on behalf of the agencies. The report implied this was done to
circumvent the telecommunications access legislation.
TALKING POINTS
As of 13 October 2015, the Clean Energy Regulator is no longer able to utilise the
provisions of the TIA Act to access telecommunications data.
Since that date, the Clean Energy Regulator has not requested the AFP, or any other law
enforcement agency, to provide the Clean Energy Regulator with access to
telecommunications metadata.
The Clean Energy Regulator did seek continued access to telecommunications data. This
request was not granted.
The Clean Energy Regulator is responsible for administering climate change laws that
contain offences with significant criminal and civil penalties. Circumstances giving rise to
breaches of climate change laws often also provide evidence of offences under the
Criminal Code Act 1995.
The Clean Energy Regulator considers access to telecommunications data to be a valuable
investigative tool.
If a future situation arises where access to telecommunications data is crucial to an
investigation, the Clean Energy Regulator will explore other options to obtain access to
telecommunications data, which may include utilising our own coercive information
gathering powers.
ATTACHMENTS
Attachment A
SE16/2 – February 2016 briefing on accessing telecommunications data
Lead contact:
Peter Bache
Final approver:
Chris Ramsden
Last Updated:
11.10.2016
Version Control:
V1.0
For Official Use Only
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