Senate debates Bills

Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020; In Committee


Michaelia Cash

Michaelia Cash WA, Liberal Party, Deputy Leader of the Government in the Senate

10:51 am

Senator Thorpe, I don't believe that you've properly articulated what is occurring, but I understand the basic premise of the question that you are raising. The AFP and the ACIC will have systems in place to preserve the evidence whilst taking action to frustrate criminal activity by modifying the data. Such practices and systems include copying data for evidence or taking screenshots of content whilst performing disruptive data modification. Court processes will continue to involve testing of evidence and its admissibility. Evidence obtained whilst disrupting criminal activity will be subject to the same rules and requirements as evidence obtained through more traditional means.

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