Senate debates

Monday, 28 November 2022


Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022; Second Reading

11:41 am

Photo of James PatersonJames Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Hansard source

I move the second reading amendment on sheet 1765, circulated in my name:

At the end of the motion, add ", but the Senate calls on the Government:

(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;

(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;

(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and

(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".


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