Chapter 1
Introduction
Purpose of the Bill
1.1
On 17 September 2009, the Senate referred the provisions of the
Telecommunications (Interceptions and Access) Amendment Bill 2009 (the Bill) to
the Legal and Constitutional Affairs Legislation Committee for inquiry and
report by 26 October 2009. The Senate later agreed to extend the reporting date
to 16 November 2009.
1.2
Among other things, the Bill amends the Telecommunications
(Interceptions and Access) Act 1979 (the TIA Act)[1]
to ensure that all owners and operators of computer networks can undertake
legitimate activities to operate, maintain and protect their networks. The bill
will also enable Commonwealth agencies, security agencies and eligible State
authorities to ensure that the computer network is appropriately used by
employees, office holders or contractors of the agency or authority.
Background
1.3
In 2008, the temporary exemption that enabled the interception and
security agencies, as well as certain Government departments, to access
communications on their own computer networks for network protection activities
was extended to 12 December 2009. This extension was intended to allow the
exemption to operate on an interim basis while a comprehensive solution
covering both the public and private sectors was developed.
Conduct of the Inquiry
1.4
The Committee advertised the inquiry in The Australian newspaper
on 23 September 2009 and 7 October 2009 and invited submissions by 9 October
2009. Details of the inquiry, the Bill and associated documents were placed on
the Committee's website. The Committee also wrote to 67 organisations and
individuals notifying them of the inquiry.
1.5
The Committee received 7 submissions which are listed at Appendix 1. The
Committee did not hold any public hearings.
Acknowledgements
1.6
The Committee thanks those organisations and individuals who made
submissions and provided information to the inquiry.
Note on references
1.7
References in this report are to individual submissions as received by
the Committee, not to a bound volume.
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