Senate debates

Wednesday, 14 May 2008

Telecommunications (Interception and Access) Amendment Bill 2008

In Committee

10:41 am

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

Thank you, Chair. Amendment (1) relates to the commencement provisions in schedule 1 of the bill and provides that items 38 to 43 and 44 to 48 commence on the day the act receives royal assent. Item 39A, in relation to the device based named person warrants, will commence on proclamation to ensure the necessary amendments to the Telecommunications (Interception) Regulations 1987 are made prior to the commencement. Items 43A and 46A, in relation to the new reporting requirements for the named person warrant regime, will commence on 1 July 2008 to allow the required administrative process to be implemented.

Amendments (2) to (10) relate to the device based named person warrants issued to the Australian Security Intelligence Organisation and amend the bill to remove the provisions that enable ASIO to add a device to a device based named person warrant after it is issued. Consequent technical amendments have also been made to the proposed provisions in the bill that enable device based named person warrants to be issued in relation to multiple devices to require all devices to be identified in the warrant. These amendments provide clarity and certainty to law enforcement and security agencies and telecommunications carriers with obligations under the act, and respond to issues raised during the Senate consideration of the bill. Amendments (11) to (19), in relation to the device based named person warrants issued to law enforcement agencies, ostensibly do the same thing.

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