The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Telecommunications and Other Legislation Amendment Bill 2025 (‘the Bill’).
The Bill proposes to amend the Telecommunications (Interception and Access) Act 1979 (TIA Act), Surveillance Devices Act 2004 and Crimes Act 1914 with the objective of ensuring key provisions operate as intended, and supporting the proper administration of government, law enforcement, national security and criminal justice processes. The Bill consists of 5 schedules:
- Schedule 1 would permit network activity warrant information to be used, communicated and recorded to meet disclosure obligations, or to be admitted in evidence where necessary to ensure the defendant is afforded a fair trial or to respond to any such information admitted by the defence.
- Schedule 2 would transfer the statutory function of the Communications Access Coordinator from the Secretary of the Attorney-General’s Department to the Secretary of the Department of Home Affairs.
- Schedule 3 would permit limited access to stored communications to allow agencies to undertake development and testing activities.
- Schedule 4 would address a technical issue with the operation of interception international production orders in that has prevented orders from being given to US-based prescribed communications providers in certain circumstances.
- Schedule 5 would clarify the threshold for authorising and varying controlled operations and subsequently the circumstances in which a participant is protected from criminal responsibility and indemnified against civil liability.
The Committee invites written submissions to the inquiry by 22 September 2025. Further information about making a submission to a parliamentary committee is available here.