George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

We had this debate last night in the early committee stages, and I fundamentally disagree with what Senator Leyonhjelm has said. Senator Leyonhjelm is fearful that the authorities will devote their resources to pursuing relatively trivial or inconsequential offences or regulatory breaches. It is not conceivable, as a matter of common sense, that they would do so.

The purpose of this legislation is to enable the capacity of the law enforcement, the national security agencies and, in addition, the principal economic regulators—the ACCC and ASIC—to investigate and apprehend serious crime. That is what they are going to do. You say, Senator Leyonhjelm, 'What if they pursue a trivial matter?' As a matter of common sense, that is unlikely. But, equally, it is bad legislative practice to prescribe in legislation thresholds above or below which law enforcement agencies should exercise their investigative powers. That is just bad practice.

The issue was looked at by the second PJCIS report, the one that reported on 27 March. Let me read into the record the conclusions of the committee at paragraph 6.187 and the following two:

The Committee has considered very carefully the views expressed that telecommunications access should be limited to sufficiently serious matters, such as serious contraventions of the law or serious national security issues.

… The Committee notes that the level of intrusion into privacy incurred by accessing telecommunications data will vary depending on the particular circumstances, including the nature and volume of the telecommunications data accessed. The Committee also notes the complexities in balancing the competing public interests of individual privacy with enforcement of the law and protection of national security.

… On balance, the Committee considers that the requirement in section 180F should be replaced with a more stringent requirement for the authorising officer to be satisfied on reasonable grounds that the particular disclosure or use of telecommunications data being proposed is proportionate to the intrusion into privacy.

That amendment has been made. That is the one in which the issue has been dealt with, Senator Leyonhjelm. The government opposes your amendment.