Senate debates

Thursday, 30 March 2006

Telecommunications (Interception) Amendment Bill 2006

In Committee

10:12 am

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

If it is relating to professional privilege, I have made that point quite clear. That is a matter best left for the courts, and it has been done so in that way. This would be cherry-picking an aspect of interception law which does not apply elsewhere—because we do not have that elsewhere in relation to warrants. That then leads to not only untidiness but also undesired results. I think it is best left as it is, with clause 116 requiring the issuing authority to consider those aspects that are listed. The question of legal professional privilege should be left as it is so that it applies consistently across the Commonwealth’s laws. The government believes that changing that at this stage would be fraught with difficulty.

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