Senate debates

Wednesday, 25 March 2015

Bills

Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015; In Committee

11:41 am

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

Yes, I can confirm that, Senator. I have been trying to convey that to you and your colleagues for some little while now in this debate. The retention obligation is imposed by clause 187A(1):

A person (a service provider) who operates a service to which this 10 Part applies (a relevant service) must keep, or cause to be kept, in 11 accordance with section 187BA and for the period specified in 12 section 187C: 13

(a) information of a kind specified in or under section 187AA; or 14

(b) documents containing information of that kind; 15

relating to any communication carried by means of the service.

So by the obligation creating provision of this bill—that is, the proposed section of the act—clause 187A(1) specifically limits the retention obligation to that which is specified in clause 177AA—that is, that which is specified in the table. I think therefore, Senator, with respect, you incorrectly use the word 'example'. These are not examples; these are the six categories of information to which the retention obligation created by clause 187A(1) attaches.

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