Recommendations

Recommendation 1

The committee recommends that proposed paragraph 473.1(k) of the Bill be amended to identify more clearly which agencies may be included for the purposes of the definition of 'law enforcement officer' in the Criminal Code Act 1995.

Recommendation 2

The committee recommends that the Bill be amended to provide that any declaration of an 'emergency services facility' under proposed subsection 7(3AB) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Recommendation 3

Further to Recommendation 2, the committee recommends that the Bill be amended to authorise any declaration of an 'emergency services facility' under proposed subsection 7(3AB) not to include details of the specific location of an 'emergency services facility', but at the same time contain adequate information to allow appropriate scrutiny by Parliament (such as the name of the service and the region in which it is located, if possible).

Recommendation 4

The committee recommends that the Bill be amended to require emergency services telecommunications interceptions 'to occur lawfully in the course of a person's duties'.

Recommendation 5

The committee recommends that the Bill be amended to require that the Attorney-General Department's annual report prepared under Division 2 of Part IX of the Telecommunications (Interception) Act 1979 include a summary of telecommunications interception inspections conducted in the relevant year, together with a summary of any deficiencies identified and any remedial action taken (including with respect to emergency services telecommunications interceptions).

Recommendation 6

Subject to the preceding recommendations, the committee recommends that the Senate pass the Bill.

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