Reporting template for Commonwealth, State and Territory Agencies—Use of subsection 313(3) of the Telecommunications Act 1997 to lawfully disrupt access to online services in 2016-17 | ACMA

Reporting template for Commonwealth, State and Territory Agencies—Use of subsection 313(3) of the Telecommunications Act 1997 to lawfully disrupt access to online services in 2016-17

6/29/2017 10:43:00 AM

Who should complete this form?

Commonwealth, State and Territory Government agencies should use this form to report information about the use of subsection 313(3) of the Telecommunications Act 1997 (the Act) to lawfully disrupt access to online services. The Australian Communications and Media Authority (the ACMA) collects this information under the Australian Government Guidelines for the use of subsection 313(3) of the Telecommunications Act 1997 by government agencies for the lawful disruption of access to online services developed by the Department of Communications and the Arts. 

The guidelines indicate that agencies should monitor ongoing disrupted online services to ensure that the disruption remains valid and evaluate outcomes on an ongoing basis. They also contemplate that agencies will report to the ACMA annually on the number of online services blocked as a result of requests. The ACMA anticipates that each agency will devise monitoring, evaluation and reporting protocols tailored to its individual circumstances—but in each case the protocols must support accurate reporting to the ACMA.

Agencies are not required to publish requests where the report may jeopardise ongoing or planned investigations, operational activities or give rise to other law enforcement or national security concerns. Agencies with requests of this nature should provide an annual aggregate number of requests to the ACMA for publication. The aggregate number should be recorded in the answer box after the question asking for the total number of requests to disrupt online services. 

What is the timeframe for completing the form?

Commonwealth, State and Territory Government agencies that utilise subsection 313(3) of the Act should report information for the prior financial year to the ACMA by 31 July each year. The first reporting period for which this form should be used is the 2017-18 financial year. The first completed templates are, therefore, due to be lodged by 31 July 2018. Information and data collected will be reported in the ACMA’s annual report produced in accordance with subsection 46(1) of the Public Governance, Performance and Accountability Act 2013. The information and data collected will also be reported in the ACMA's annual report on telecommunications performance produced in accordance with subsection 105(5A) of the Act.

Reporting template for Commonwealth State and Territory Agencies—Use of subsection 313(3) of the Telecommunications Act 1997 to lawfully disrupt access to online services

Details
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Authority to use subsection 313(3) of the Act to disrupt online services:
Note: For example, authority provided by the minister or a head of agency and the date the authority was provided.
Internal policies and procedures:
Does your agency have internal policies/procedures for making requests?

Have these policies/procedures been published online to be publicly accessible?

Total number of disruption requests
Note: A single request may involve blocking of more than one online service. A request to block the same online service sent to multiple ISPs at the same time is also considered to be a single request.
Total number of online services blocked
Note: Multiple ISPs blocking the same online service should be counted as a single online service being blocked.
The reasons for requests to disrupt access to online services.
Note: 313(c) – Enforcing the criminal law and laws imposing pecuniary penalties.
Note: 313(3)(ca) – Assisting the enforcement of the criminal laws in force in a foreign country.
Note: 313(3)(d) – protecting the public revenue.
Note: 313(3)(e) – safeguarding national security.