Discussion paper

ASIC’s access to telecommunications intercept material

Positions and Consultation paper 5
Telecommunications Communications regulation Digital communications Australia
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apo-nid100831.pdf 331.65 KB

This ASIC Enforcement Review Taskforce position paper outlines reforms to enhance ASIC’s access to telephone intercepts for the investigation and prosecution of serious corporate law offences.

Commonwealth legislation prohibits access to material sourced from live stream communications over a telecommunications service and sets out a regime for specified agencies to apply for telephone intercept warrants and/or receive telephone intercept material for the purposes of investigating and prosecuting offences.

Currently, ASIC cannot seek a warrant to obtain or receive intercept material when investigating serious contraventions of the Corporations Act 2001 unless another agency chooses to share such material with ASIC for the purposes of its (the other agency’s) investigation.

The taskforce invites all interested parties to make a submission on the positions outlined in this paper by 17 August 2017.

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