3.1. The Telecommunications (Interception and Access) Act, 1979, the Surveillances
Devices Act, 2004 and the Telecommunications Act, 1997 of Australia
3.1.1. The Department of Home Affairs administers the two laws;
3.1.2. The former Act protects the privacy of Australians by prohibiting interception
of communications and access to stored communications;
3.1.3. The privacy of Australians is also protected by the Telecommunications Act
1997, which prohibits telecommunications service providers from disclosing
information about their customers' use of telecommunications services;
3.1.4. The TIA Act sets out certain exceptions to these prohibitions to permit eligible
Australian law enforcement and security agencies to:
3.1.4.1.

obtain warrants to intercept communications;

3.1.4.2.

obtain warrants to access stored communications;

3.1.4.3.

authorise the disclosure of data

3.1.5. Agencies can only obtain warrants or give authorisations for national security
or law enforcement purposes set out in the TIA Act;
3.1.6. The SD Act governs the use of surveillance devices by agencies;
3.1.7.

Under the SD Act, an eligible agency can apply for a warrant to use a
surveillance device to investigate a relevant offence;

3.1.8. Although the Department of Home Affairs administers the TIA Act and SD
Act, the department does not investigate crimes.[33]
3.3.

The Regulation of Interception of Communications and Provision of
Communication – Related Information Act 70 of 2002 (RICA); National Strategic
Intelligence Act 30 of 1994 (NSI) , and the Intelligence Services Control Act 40 of
1994, South Africa
3.3.1. This law, likewise permits the interception of communications of any person
by prescribed authorized officials of the State and subject to prescribed
conditions;
3.3.2. Key in the South African interception framework is the appointment, by the
Minister, of a Designated Judge to consider any and all applications for
interceptions and or directives concerning information;

Select target paragraph3