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F2012L02348
Portfolio:
Attorney-General
Committee view
2.1
The committee seeks further information from the Attorney-General in
relation to whether the removal of the source of the telecommunications
information could have an adverse effect on a defendant charged with an
offence, inconsistent with article 14 of ICCPR.
Overview
2.2
This instrument amends a previous determination made under the Telecommunications
(Interception and Access) Act 1979. The effect of the amendments relevantly
are:
- when the Australian Federal Police (AFP) disclose information to foreign
law enforcement agencies, they will not be required to identify in their
authorisation documents the name of the person from whom disclosure of
telecommunications information was originally sought; and
- when the AFP authorises disclosure of information from foreign law
enforcement agencies in their notification and revocation documents, they will
not be required to identify that foreign agency.
Compatibility with human rights
2.3
The statement of compatibility states that the instrument makes
technical corrections and amendments to improve ease of administration, and
does not engage any human rights.
2.4
Depending on the legislative regime as a whole, removing the source of
the information that led to the interception could potentially affect a
defendant's ability to interrogate the evidence against him/her, which would
engage the right to a fair trial under article 14 of the International Covenant
on Civil and Political Rights (ICCPR).
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