Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

Type
Government
Portfolio
Home Affairs
Originating house
House of Representatives
Status
Assent
Parliament no
45

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Summary

Amends the: Telecommunications Act 1997 to: establish frameworks for voluntary and mandatory industry assistance to law enforcement and intelligence agencies in relation to encryption technologies via the issuing of technical assistance requests, technical assistance notices and technical capability notices; and make amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2018; Administrative Decisions (Judicial Review) Act 1977 to provide that certain decisions under the new arrangements for industry assistance are not subject to judicial review; Criminal Code Act 1995 to ensure providers are not criminally responsible for particular telecommunications and computer offences for any acts or things done consistent with a technical assistance request, technical assistance notice or technical capability notice; Australian Security Intelligence Organisation Act 1979 and four other Acts to: provide an additional power for Commonwealth, state and territory law enforcement agencies investigating certain federal offences to obtain covert computer access warrants under the Surveillance Devices Act 2004; and provide additional powers for law enforcement agencies in relation to the use of existing computer access powers; International Criminal Court Act 2002 and two other Acts to make amendments contingent on the commencement of the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018; Crimes Act 1914 to amend the search warrant framework to: allow law enforcement agencies to collect evidence from electronic devices under warrant remotely; increase penalties for not complying with orders from a judicial officer requiring assistance in accessing electronic devices where a warrant is in force; and increase the period during which an electronic device found while executing a warrant can be moved to another place for analysis from 14 days to 30 days; Customs Act 1901 to: provide the Australian Border Force with a new power to request a search warrant to be issued in respect of a person for the purposes of seizing a computer or data storage device; increase penalties for not complying with orders from a judicial officer requiring assistance in accessing electronic devices where a warrant is in force; and increase the timeframe for the examination of electronic devices moved under a warrant from 72 hours to 30 days; and Australian Security Intelligence Organisation Act 1979 to: provide that a person or body is not subject to civil liability where they voluntarily provide assistance to ASIO, or give information or produce a document to ASIO unsolicited, in certain circumstances; and enable ASIO to require a person with knowledge of a computer or a computer system to provide assistance that is reasonable and necessary to gain access to data on a device that is subject to an ASIO warrant.

Progress

House of Representatives
Introduced and read a first time 20 Sep 2018
Second reading moved 20 Sep 2018
Second reading debate 06 Dec 2018
Second reading agreed to 06 Dec 2018
Consideration in detail debate
  • Amendment details: 173 Government agreed to
06 Dec 2018
Third reading agreed to 06 Dec 2018
Senate
Introduced and read a first time 06 Dec 2018
Second reading moved 06 Dec 2018
Second reading debate 06 Dec 2018
Second reading agreed to 06 Dec 2018
Third reading agreed to 06 Dec 2018
Finally passed both Houses 06 Dec 2018
Assent
  • Act no: 148
  • Year: 2018
08 Dec 2018

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

House of representatives

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Senate

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Schedules of amendments

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Bills digest

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Notes

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 changes to the bill. For details about the outcome of proposed amendments please refer to either the 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.