Thursday, 24 June 2021
Telecommunications Legislation Amendment (International Production Orders) Bill 2020; Second Reading
The question is that the second reading amendment on sheet 1318 circulated by the Greens be agreed to.
Australian Greens circulated second reading amendment—
At the end of the motion, add: ", but the Senate:
(a) notes that:
(i) the bill lacks the protections included under equivalent United States legislation, and the safeguards provided for under mutual assistance laws, with respect to matters such as protection of human rights, including the right to life and prohibition on torture, and restrictions on accessing data about Australian persons,
(ii) it is currently impossible to fully identify and assess the safeguards that will apply to the scheme set out in the bill, particularly any safeguards to protect the privacy and the rights of law abiding individuals,
(iii) the bill leaves many essential details, including critical safeguards, to the content of individual, future executive agreements that would be prescribed by regulation as Designated International Agreements (DIAs), and
(iv) some Administrative Appeals Tribunal members lack the independence required to properly fulfil the role of considering and issuing International Production Orders (IPOs), particularly given community perceptions that the Tribunal is being influenced through appointments that reflect political affiliation, and
(b) calls on the Government to:
(i) ensure that proposed DIAs are subject to the same degree of parliamentary scrutiny as mutual assistance treaties,
(ii) create statutory requirements for the timely publication and tabling in Parliament of the full text of any agreement that is to be prescribed as a DIA, so that Parliament has immediate access to that agreement when considering whether to disallow regulations prescribing it as a DIA,
(iii) ensure that the Parliament can properly exercise its discretion to disallow DIA regulations, and maximise legal certainty for agencies, by providing that such regulations commence after the disallowance period has ended, and
(iv) ensure that IPOs relating to criminal law enforcement and control orders are only issued by judicial officers, in order to provide greater substantive and perceived independence to the approval process".
The question is that the second reading amendment on sheet 1318 circulated by the Australian Greens be agreed to.
I seek leave to have remarks on this bill by Senator Keneally incorporated in Hansard.
The speech read as follows—
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