About this inquiry

The Committee is required under Section 187N of the Telecommunications (Interception and Access) Act 1979 to review amendments made to Commonwealth legislation by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and to complete its review by 30 September 2020.
Track Inquiry

Inquiry Status

Submissions Closed

How to make a submission

The committee invites individuals and organisations to send in their opinions and proposals in writing (submissions)

Accessibility

If you require any special arrangements to enable you to participate in the Committee's inquiry, please contact the Committee Secretariat.

Further information regarding accessibility can be found at www.aph.gov.au/Help/Accessibility

Review of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018

The Parliamentary Joint Committee on Intelligence and Security has commenced a review of the amendments made to Commonwealth legislation by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018.

The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (commonly known as the Assistance and Access Act) amended a range of Commonwealth legislation to empower law enforcement and national security agencies to request, or compel, assistance from telecommunications providers. It also established powers which enable law enforcement and intelligence agencies to obtain warrants to access data and devices, and amended the search warrant framework under the Crimes Act and the Customs Act to expand the ability of criminal law enforcement agencies to collect evidence from electronic devices.

Section 187N of the Telecommunications (Interception and Access) Act 1979  provides for the review and requires the Committee to complete its review by 30 September 2020.Terms of reference are available here.

Previous and concurrent reviews of Act

This review will build on the findings of a review currently being conducted by the Independent National Security Legislation Monitor and two previous Committee reviews.

On 26 March 2019 the Committee requested that the Independent National Security Legislation Monitor commence a review of operation, effectiveness and implementation of amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 focussed on the whether the Act:

  • contains appropriate safeguards for protecting the rights of individuals;
  • remains proportionate to any threat of terrorism or threat to national security, or both; and
  • remains necessary.

The Independent National Security Legislation Monitor is due to report by 30 June 2020, to enable any findings to inform the Committee’s review. Additional information about the review is available on the Independent National Security Legislation Monitor website

The Parliamentary Joint Committee on Intelligence and Security tabled an Advisory Report on the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 on 5 December 2018 and a report on a Review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 on 3 April 2019. 

Making a submission

The Committee invites written submissions addressing any or all of the areas of focus for the Committee’s inquiry. Submissions should clearly identify which areas of focus are being addressed.

Prospective submitters are advised that any submission to the Committee’s inquiry must be prepared solely for the inquiry and should not be published prior to being accepted by the Committee. Documents do not attract parliamentary privilege until they are accepted by the Committee. 

Submissions are requested by 1 July 2019. Further information about making a submission to a parliamentary committee inquiry is available here

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Intelligence and Security
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 2360
Fax: +61 2 6277 4424
pjcis@aph.gov.au

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