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Chapter 1 - Introduction
Referral
1.1
On 19 March 2008, following a recommendation of the Selection of Bills
Committee, the Senate referred the Telecommunications (Interception and Access)
Amendment Bill 2008 (the Bill) to the Standing Committee on Legal and
Constitutional Affairs (the committee) for inquiry and report by
1 May 2008.
1.2
On 1 May 2008, the committee presented an interim report stating that
the committee intended to present its final report on 6 May 2008.
Purpose of the Bill
1.3
The main purpose of the Bill is to amend the Telecommunications
(Interception and Access) Act 1979 (the TIA Act)[1]
to extend sunset provisions that provide exemptions from the prohibition
against listening to or copying communications passing over a
telecommunications system. These exemptions allow specific law enforcement and
security agencies to monitor all communications within their corporate
networks, outside of a warrant regime, for the purpose of protecting and
maintaining their networks and maintaining their professional standards.
1.4
The sunset provisions are due to expire on 13 June 2008. According to the Attorney-General's Second Reading Speech, the proposed eighteen
month extension will enable law enforcement and security agencies to continue
to protect their networks while a full legislative solution is developed.[2]
1.5
The Explanatory Memorandum (EM) states that the Bill also proposes
additional amendments to improve the effectiveness of the telecommunications
regime by:
- clarifying
agencies' reporting requirements under the TIA Act;
- clarifying
that multiple telecommunication devices can be intercepted on the one named
person warrant; and
- making
minor and technical amendments that arise from the transfer of duties from the
Australian Federal Police (AFP) to the Attorney-General's Department (the
Department) consequent to the passage of the Telecommunications
(Interception) Amendment Act 2006.[3]
Conduct of the inquiry
1.6
The committee wrote to 65 individuals and organisations inviting
submissions by 9 April 2008. Details of the inquiry, the bill and
associated documents were also placed on the Committee's website.
1.7
The committee received 14 submissions. These are listed at Appendix 1. Submissions
were placed on the committee's website.
1.8
The committee held a public hearing in Sydney on 17 April 2008. A list of witnesses who appeared at the hearing is at Appendix 2 and copies
of the Hansard transcript are available on the committee's website.
Acknowledgement
1.9
The committee thanks those organisations and individuals who made
submissions and gave evidence at the public hearing.
Note on references
1.10
References in this report are to individual submissions as received by
the committee, not to a bound volume. References to Committee Hansard are to
the proof Hansard: page numbers may vary between the proof and the official
Hansard.
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