Senate debates

Thursday, 26 March 2015

Bills

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

3:55 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I have discussed this privately with the Attorney. If a media organisation, on a daily or weekly basis, says on its website, 'We have not been subject to any journalist information warrants for our metadata,' and then they suddenly stop saying that, could that imply that they have been subject to a warrant? I have not articulated it very well, but that is one of the arguments that has been put to me by someone who is concerned about this legislation. In other words, it is what they refer to—I do not think it is quite a term of art—as almost a 'warrant canary'. I am glad that it amuses the Attorney. But, if you had been saying that you had not had a warrant and you then stay silent on it, that might imply that you then do have a warrant. So, could the fact that you say that you do not have a warrant itself be a criminal offence?

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