[AusNOG] Data Retention - List of Agencies

[Ross Wheeler]

On Tue, 19 Jan 2016, Paul Wilkins wrote:

> I am not a lawyer and this is not expert advice, but the agencies with
> access seems to be specified in the Act:

Ditto... neither am I.

> 110A Meaning of criminal law-enforcement agency
... enumerated list


*** OR ***  any OTHER department that gets added to the list at a whim.

"The head of an authority or body may request the Minister to declare the 
authority or body to be a criminal law-enforcment agency."

"The minister may, by legislative instrument declare:
  (a) an authority or body to be a criminal law-enforcement agency; and
  (b) persons specified, or of a kind specified, in the declaration to be 
officers of the criminal law-enforcement agency for the purposes of this 
Act."


later...

Meaning of "enforcement agency"
   (1)  Each of the following is an enforcement agency:
      (a)  subject to subsection 110A(7), a criminal law enforcement agency;
      (b)  subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.

   (2)  The head of an authority or body may request the Minister to 
declare the authority or body to be an enforcement agency.

   (3)  The Minister may, by legislative instrument, declare:
      (a)  an authority or body to be an enforcement agency; and
      (b)  persons specified, or of a kind specified, in the declaration to be officers of the enforcement agency for the purposes of this Act.


So, yes, it's been clearly defined... but with plenty of "wiggle room" to 
permit just about any "agency" (not involved directly in law enforcement) 
to be included "for the purposes of this act".