Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I move government amendment (2) on sheet PA337:

(2)    Schedule 1, item 1, page 4 (lines 5 to 13), omit the item, substitute:

1 Subsection 5(1)

Insert:

stored communication means a communication that:

             (a)    is not passing over a telecommunications system; and

             (b)    is held on equipment that is operated by, and is in the possession of, a carrier; and

             (c)    cannot be accessed on that equipment, by a person who is not a party to the communication, without the assistance of an employee of the carrier.

Amendment (2) amends the meaning of ‘stored communication’ to clarify that a stored communication warrant only applies where a law enforcement agency seeks access to a communication with the assistance of an employee of the telecommunications carrier. This amendment provides certainty to law enforcement and security agencies and telecommunications industry participants alike and responds to issues raised during the Senate committee consideration of the bill. I commend the amendment to the committee.