The Telecommunications (Interception and Access) Act 1979 (TIA Act) requires telecommunications companies to retain a particular set of telecommunications data for at least two years. Service providers may apply to the Communications Access Co-ordinator (CAC) within the Attorney-General’s Department for exemptions from and/or variations to their data retention obligations (see www.ag.gov.au/dataretention).
The Attorney-General’s Department administers the TIA Act.
The Australian Communications and Media's enforcement role in relation to data retention
As the Australian regulator of telecommunications, radiocommunications, broadcasting and the internet, the ACMA is responsible for ensuring industry compliance with the Telecommunications Act 1997 and Chapter 5 of the TIA Act that deals with data retention.
The CAC can refer a service provider to the ACMA for enforcement action for failing to comply with its data retention obligations.
While the ACMA is responsible for enforcing the compliance by carriers and carriage service providers with Chapter 5 of the TIA Act, it does not issue statements certifying that a particular entity is compliant with those obligations.
5 May 2017