Cybercrime Legislation Amendment Bill 2011

Type
Government
Portfolio
Attorney-General 
Originating house
House of Representatives 
Status
Act 
Parliament no
43
Summary
Facilitates Australia’s accession to the Council of Europe Convention on Cybercrime by amending the:
Telecommunications Act 1997
  and
Telecommunications (Interception and Access) Act 1979
  to require carriers and carriage service providers to preserve stored communications when requested by certain domestic agencies or when requested by the Australian Federal Police on behalf of certain foreign countries;
Mutual Assistance in Criminal Matters Act 1987
  and
Telecommunications (Interception and Access) Act 1979
  to: ensure that a foreign country can secure access to stored computer data, including preserved data; and allow a stored communication warrant to be obtained for foreign law enforcement purposes;
Mutual Assistance in Criminal Matters Act 1987
,
Telecommunications Act 1997
  and
Telecommunications (Interception and Access) Act 1979
  to: enable existing telecommunications data to be provided to a foreign law enforcement agency on a police to police basis; and enable the collection of prospective telecommunications data for foreign law enforcement purposes in certain circumstances;
Telecommunications Act 1997
  to provide that carriers and carriage service providers can recover costs incurred when assisting foreign law enforcement agencies;
Criminal Code Act 1995
  to provide that computer offences are consistent with the convention; and
Telecommunications (Interception and Access) Act 1979
  to: create confidentiality requirements in relation to authorisations to disclose telecommunications data; and expand offence provisions. 

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Progress

House of Representatives
22 Jun 2011Introduced and read a first time
22 Jun 2011Second reading moved
23 Aug 2011Second reading debate
24 Aug 2011Second reading debate
24 Aug 2011Second reading agreed to
24 Aug 2011Third reading agreed to
Senate
24 Aug 2011Introduced and read a first time
24 Aug 2011Second reading moved
21 Aug 2012Second reading debate
22 Aug 2012Second reading debate
22 Aug 2012Second reading agreed to
22 Aug 2012Committee of the Whole debate

Amendment details: 16 Government agreed to
22 Aug 2012Third reading agreed to
House of Representatives
22 Aug 2012Consideration of Senate message

Details: House agreed to Senate amendments


12 Sep 2012Assent

Act no.: 120

Year: 2012

Documents and transcripts

Text of bill

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Explanatory memoranda

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Transcript of speeches

Proposed amendments

Senate
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Schedules of amendments

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Committee Information

No documents at present

Bills Digest PDF Format

Notes

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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