The federal government has processed less than a third of data retention plans submitted by internet service providers, while hundreds more have not even put forward proposals, placing them in technical breach of the country's metadata laws.
The Attorney-General's Department has confirmed that of the 229 plans submitted by ISPs to show that they comply with the laws - which require them to collect and store the metadata - just 79 have been processed.
Hundreds more ISPs have not even submitted plans, as they struggle to understand what is required of them in collecting and storing the metadata of Australians, despite the data retention laws coming into effect on October 13.
The more than 400 ISPs operating in Australia, which includes large telcos such as Telstra and also many smaller operators, had been given six months to ready themselves.
Internet Australia chief Laurie Patton says the process was flawed from the start, and has called on Prime Minister Malcolm Turnbull to fast-track a review of the legislation, arguing it was rushed through when introduced, is too complex and will make some ISPs unviable.
"Successive attorneys-general, from both sides, rejected pressure from law enforcement agencies to bring in data retention legislation," he told AAP on Wednesday, adding that Attorney-General George Brandis and his department "were just following the then prime minister (Tony Abbott's) instructions".
The laws include a mandatory review of the data retention scheme within three years but Mr Patton said many ISPs cannot wait that long.
"It needs to be fixed now," he said.
"The information we got from Senate estimates last night confirms the implementation process is a mess."
Mr Patton also said the $131 million set aside to support ISPs through the implementation process fell well short of what was needed.
"Not only is the funding inadequate, there is no support for the ongoing cost of complying," he said.
"You don't have to be a rocket scientist to work out consumers are going to be slugged with additional access fees or that smaller ISPs are going to go broke."
