Senate debates

Tuesday, 28 March 2006

Telecommunications (Interception) Amendment Bill 2006

In Committee

10:50 pm

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | Hansard source

I move Greens amendment (1) on sheet 4889:

        Schedule 1, page 4 (after line 4), before item 1, insert:

1A After section 2

Insert:

2A Limitations of operation of Act

It is the intention of the Parliament that:

        (1)    To the extent that there is any inconsistency between this Act and Australia’s obligations under international treaties including the International Covenant on Civil and Political Rights, Australia’s obligations under those treaties prevail and override the operation of this Act.

        (2)    Nothing in this Act authorises the interception of communications:

             (a)    of a person unless the person is suspected of engaging in the planning of, or other involvement in, terrorist acts or murder;

             (b)    where those communications contain information which is:

                   (i)    the subject of legal professional privilege; or

                  (ii)    derived from information that is the subject of legal professional privilege.

             (c)    where those communications contain information:

                   (i)    the subject of doctor-patient confidential medical communications; or

                  (ii)    derived from information that is the subject of doctor-patient confidential medical communications.

             (d)    of Federal or State Members of Parliament;

             (e)    of High Court judges or Federal Court judges.

The amendment is to limit the operation of this legislation. It badly needs its wings clipped. That is of course not going to happen, because the government has the numbers.

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