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Recommendations
Recommendation 1
3.18 The
committee recommends that, if further legislation proposing amendments to the
network protection provisions (including to sunset clauses) is introduced, such
legislation should include a thorough and considered response to achieving a
balance between individual privacy rights and network protection requirements.
Such a review should assess mechanisms to mitigate intrusiveness and abuse of
access, and consider how secondary data may be managed appropriately.
Recommendation 2
4.86
The committee recommends that the recommendation at paragraph 3.2.5 of
the Blunn report, which reads:
3.2.5. Accordingly, I recommend that priority be given to
developing a unique and indelible identifier of the source of
telecommunications and therefore as a basis for access.
be adopted, and priority given to developing a unique and
indelible identifier of the source of telecommunications.
Recommendation 3
4.87 The
committee recommends that the Bill be amended to provide that an agency be
permitted to add a device to a device-based named person warrant after the
warrant has been issued if the facts of the case would have justified the issue
of a warrant by the issuing authority; and the investigation in relation to the
person named in the warrant will be, or is likely to be, seriously prejudiced
if the interception does not proceed.
Recommendation 4
4.88 The
committee further recommends that the Bill be amended to provide that if an
agency adds a telecommunications device or devices not identified on a
device-based named person warrant at the time that the issuing authority issued
the warrant:
- the
agency be required to notify an issuing authority, within 2 working days, that
a device had been added to the warrant; and
- the
issuing authority must examine the supporting documentation against the
criteria that it would have considered, in accordance with the requirements of
the Telecommunications (Interception and Access) Act 1979, in relation
to an application by the agency for a device-based named person warrant, and
make a determination about whether the facts of the case justified the addition
of the device; and
- the
issuing authority shall order that the interception cease immediately and that
all evidence gathered be destroyed if it determines that the facts of the case
would not have supported the issue of a device-based named person warrant.
Recommendation 5
4.89 The
committee recommends that the Bill be amended to insert a requirement that the
Annual Report in relation to the Telecommunications (Interception and
Access) Act 1979 incorporate the following additional information over and
above that already required by the Act:
- the
number of service-based and device-based interceptions, to be reported upon
separately but in a similar format to that currently used for the total number
of intercepted telecommunication services; and
- the
number of devices in the original warrant and the number of additional devices
added to the warrant, reported in a similar format to that currently used for
reporting the total number of intercepted telecommunications services.
Recommendation 6
6.13 The
Committee recommends that the Australian Government commission an independent
review of the operation of the Telecommunications (Interception and Access)
Act 1979 within 3 years.
Recommendation 7
6.14 The
Committee further recommends that the Australian Government introduce
amendments to the Telecommunications (Interception and Access) Act 1979
in subsequent legislation, to provide for a statutory requirement that the TIA
Act be independently reviewed every five years.
Recommendation 8
6.15 Subject
to the preceding recommendations the committee recommends that the Senate pass
the Bill.
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