Michael Ronaldson (Victoria, Liberal Party, Shadow Special Minister of State) Share this | Hansard source

The opposition will not be opposing these amendments.

Question agreed to.

I move opposition amendment (9) on sheet 5477:

(9)    Schedule 1, item 11, page 11 (after line 4), at the end of Division 2, add:

531FA Voluntary disclosure of information

When section applies in relation to a carrier

        (1)    This section applies in relation to a carrier (a volunteering carrier) if, whether before or after the commencement of this Part, the volunteering carrier has entered into an arrangement with the Commonwealth (a voluntary disclosure arrangement), whether by way of contract, confidentiality deed or other documentary form, which provides for volunteering carriers’ information (volunteered information) to be disclosed to:

             (a)    companies making or considering the making of submissions in response to an invitation set out in a designated request for proposal notice; and/or

             (b)    the Commonwealth in connection with a designated request for proposal notice.

Effect of voluntary disclosure

        (2)    If a person has obtained volunteered information pursuant to a voluntary disclosure arrangement, the person must not disclose that information to any other person where that disclosure would be or would result in a breach by any person of the voluntary disclosure arrangement.

        (3)    To avoid doubt, a reference to a voluntary disclosure arrangement includes a reference to undertakings given by way of contract, confidentiality deed or other documentary form to the volunteering carrier by a person receiving information pursuant to the arrangement.

Offences and civil penalties

        (4)    Subsection (2) is a civil penalty provision in its application to a person other than a person who has obtained the volunteered information in the person’s capacity as an entrusted public official.

        (5)    For the purposes of subsection (4), if conduct is engaged in by an employee, agent or officer of a corporation or partnership acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, the conduct must also be attributed to the corporation or partnership.

        (6)    If a person has obtained volunteered information in the person’s capacity as an entrusted public official pursuant to the voluntary disclosure arrangement, section 70 of the Crimes Act 1914 has effect in relation to the information as if the person were a Commonwealth officer.

This, of course, has been a matter of some debate over the last hour or so, so I do not intend speaking any further to it.

Question agreed to.

by leave—I move opposition amendments (10) to (14) on sheet 5477:

(10)  Schedule 1, item 11, page 11 (after line 9), after subsection 531G(1), insert:

     (1A)    If a person has obtained protected carrier information in the person’s capacity as an entrusted public official, the person must not use the disclosed information for any other purpose whatsoever except for the preparation of proposals for the National Broadband Network.

(11)  Schedule 1, item 11, page 16 (after line 4), after subsection 531k(1), insert:

     (1A)    If a person has obtained protected carrier information in the person’s capacity as an entrusted company officer of a company, the person must not use the disclosed information for any other purpose whatsoever except for the preparation of proposals for the National Broadband Network.

(12)  Schedule 1, item 11, page 17 (lines 4 to 11), omit “subsection (1)” (wherever occurring), substitute “subsections (1) and (1A)”.

(13)  Schedule 1, item 11, page 17 (after line 23), after paragraph 531L(1)(c), insert:

           (ca)    the Court is satisfied that the conduct of an entrusted company officer can be attributed as a liability to the company after considering the following factors:

                   (i)    the actual or apparent scope of the entrusted company officer’s employment; or

                  (ii)    the actual or apparent authority of the entrusted company officer’s employment; and

(14)  Schedule 1, item 11, page 17 (lines 29 and 30), omit subsection 531L(2), substitute:

        (2)    Subsection (1) applies to:

             (a)    an entrusted public official in the same way as it does to an entrusted company officer; and

             (b)    an agency of the Commonwealth as it does to a company.

        (3)    An application under subsection (1) may be made at any time within 6 years after the contravention occurred.

Question agreed to.

I move opposition amendment (15) on sheet 5477:

(15)  Schedule 1, item 11, page 18 (lines 25 to 27), omit subsection 531P(1), substitute:

        (1)    The Minister must, by legislative instrument, make rules relating to the storage, handling or destruction of protected carrier information before the Commonwealth receives any protected carrier information.

This amendment seeks to ensure that the protected carrier information is not left lying around a Commonwealth department, a minister’s office or in the possession of entrusted officers who might have had access to the information. The insistence that the minister makes rules for the storage, handling and destruction of protected carrier information absolutely ensures the minister is responsible for the protection regime and its rigorous nature. Amendment 15 is a well thought through security matter that ensures network information is only used for the NBN process and not for other government projects that may seek to nationalise Australia’s telecommunications networks or seek to add additional licensed carrier conditions for the political gain of any government.

Question agreed to.