Slade Brockman (WA, Liberal Party) Share this | Hansard source

I will now deal with the remaining amendments relating to the Australian Centre for Disease Control Bill 2025, starting with the amendments on sheets 3447, 3448 and 3449, circulated by the opposition.

Opposition's circulated amendments to the Australian Centre for Disease Control Bill 2025—

SHEET 3447

(1) Clause 5, page 5 (line 17), omit "other".

(2) Clause 28, page 28 (line 7), omit "appointed", substitute "other".

(3) Clause 29, page 28 (lines 11 and 12), omit the clause, substitute:

29 Director-General not Advisory Council member but may attend meetings

(1) The Director-General is not a member of the Advisory Council and must not be appointed under subsection 30(1) as such.

(2) However, the Chair of the Advisory Council may invite the Director-General to attend a meeting of the Advisory Council:

(a) to observe the meeting; or

(b) for the purpose of advising or informing the Advisory Council on any matter; or

(c) for any other reason.

(4) Clause 30, page 28 (lines 14 and 15), omit "the Director-General and".

(5) Clause 34, page 30 (lines 18 and 19), omit "(other than the Director-General)".

_____

SHEET 3448

(1) Clause 5, page 5 (line 31) to page 6 (line 32), omit the definition of exempt material, substitute:

exempt material: a document or other material is exempt material if the document or material is an exempt document under any of the following provisions of the Freedom of Information Act 1982 (or would be such an exempt document if it were a document that was proposed to be released under that Act):

(a) section 33 (documents affecting national security, defence or international relations);

(b) section 34 (Cabinet documents);

(c) section 37 (documents affecting enforcement of law and protection of public safety);

(d) section 38 (documents to which secrecy provisions of enactments apply), disregarding subsections (1A) to (3A) of that section;

(e) section 42 (documents subject to legal professional privilege);

(f) section 45 (documents containing material obtained in confidence), disregarding subsection (2) of that section;

(g) section 46 (documents disclosure of which would be contempt of Parliament or contempt of court);

(h) section 47 (documents disclosing trade secrets or commercially valuable information), disregarding subsections (2) and (3) of that section.

_____

SHEET 3449

(1) Clause 5, page 4 (after line 21), after the definition of designated data service provider, insert:

designated enforcement entity: see section 69A.

(2) Clause 67, page 52 (after line 15), after subclause (5), insert:

Australian Information Commissioner agreement required

(5A) The Director-General must not make a data sharing declaration unless the Australian Information Commissioner has agreed, in writing, to the making of the declaration.

(3) Clause 69, page 53 (line 2), before "At any time", insert "(1)".

(4) Clause 69, page 53 (line 3), after "may", insert "(subject to subsections (2) and (3))".

(5) Clause 69, page 53 (after line 20), at the end of the clause, add:

(2) A designated enforcement entity must not collect or use information in accordance with subsection (1) unless the collection or use is authorised by an order under section 69A.

(3) An entity must not disclose information to a designated enforcement entity in accordance with subsection (1) unless the disclosure is authorised by an order under section 69A.

(6) Page 53 (after line 20), after clause 69, insert:

69A Data sharing declarations — court orders required for collection, use and disclosures in certain circumstances

Designated enforcement entities

(1) An entity is a designated enforcement entity if:

(a) the entity is an agency, or a State or Territory authority, within the meaning of the Privacy Act 1988; and

(b) the entity is not a court, tribunal or coroner; and

(c) either or both of the following apply:

(i) the entity has power under a law of the Commonwealth or a State or Territory to require persons to give information to the entity;

(ii) officers of the entity are, in the ordinary course of their duties, authorised to execute warrants to enter premises and seize things found, including documents.

Application for and making of order

(2) An entity may apply for an order under this section authorising the entity to:

(a) if the entity is a designated enforcement entity—collect and use information in accordance with a data sharing declaration; and

(b) in any case—disclose information to a designated enforcement entity in accordance with a data sharing declaration.

(3) The application for an order under this section must be made to:

(a) a magistrate of a State or Territory; or

(b) a judge who is eligible under subsection 69B(2).

(4) The judicial officer may make the order if the judicial officer is satisfied that:

(a) there are no effective means, other than by way of an order under this section, for the applicant to:

(i) collect or use the information; or

(ii) disclose the information to a designated enforcement entity; and

(b) the order is necessary to respond to the threat to public health in relation to which the data sharing declaration was made; and

(c) the order would not, on balance, result in an unreasonable interference with the privacy of an individual.

(5) The judicial officer must not make the order unless the applicant or some other entity has given the judicial officer, either orally or by affidavit, such further information (if any) as the judicial officer requires concerning the grounds on which the order is being sought.

(6) The order must specify:

(a) the data sharing declaration covered by the order; and

(b) the entity for which the collection, use or disclosure of information is authorised by the order; and

(c) the designated enforcement entity to which the disclosure of information is authorised by the order; and

(d) the day on which the order ceases to have effect; and

(e) the purpose for which the order is made.

69B Judicial officers for orders under section 69A

Eligible judge of a court created by the Parliament

(1) A judge of a court created by the Parliament may, by writing, consent to be nominated by the Attorney-General under subsection (2).

(2) The Attorney-General may, by writing, nominate a judge of a court created by the Parliament in relation to whom a consent is in force under subsection (1) to be eligible for the purposes of paragraph 69A(3)(b).

(3) A nomination under subsection (2) is not a legislative instrument.

Magistrates

(4) A magistrate need not accept the functions conferred by section 69A.

(5) The Governor-General may:

(a) arrange with the Governor of a State for the performance, by all or any of the persons who from time to time hold office as magistrates of that State, of the functions of a magistrate conferred by section 69A; or

(b) arrange with the Chief Minister of the Australian Capital Territory for the performance, by all or any of the persons who from time to time hold office as magistrates of the Australian Capital Territory, of the functions of a magistrate conferred by section 69A; or

(c) arrange with the Administrator of the Northern Territory for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of the Northern Territory, of the functions of a magistrate conferred by section 69A.

Judicial officers exercising powers in personal capacity

(6) The functions conferred on a judicial officer by section 69A are conferred on the judicial officer:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

(7) A judicial officer performing a function conferred by section 69A has the same protection and immunity as if the judicial officer were performing the function:

(a) as the court of which the judicial officer is a member; or

(b) as a member of the court of which the judicial officer is a member.