Second Reading Speeches

Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

Type
Government
Portfolio
Home Affairs
Originating house
House of Representatives
Status
Act
Parliament no
45

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Summary

Amends the:

Telecommunications Act 1997
to: establish frameworks for voluntary and mandatory industry assistance to law enforcement and intelligence agencies in relation to encryption technologies via the issuing of technical assistance requests, technical assistance notices and technical capability notices; and make amendments contingent on the commencement of the proposed
Federal Circuit and Family Court of Australia Act 2018
;
Administrative Decisions (Judicial Review) Act 1977
to provide that certain decisions under the new arrangements for industry assistance are not subject to judicial review;
Criminal Code Act 1995
to ensure providers are not criminally responsible for particular telecommunications and computer offences for any acts or things done consistent with a technical assistance request, technical assistance notice or technical capability notice;
Australian Security Intelligence Organisation Act 1979
and four other Acts to: provide an additional power for Commonwealth, state and territory law enforcement agencies investigating certain federal offences to obtain covert computer access warrants under the
Surveillance Devices Act 2004
; and provide additional powers for law enforcement agencies in relation to the use of existing computer access powers;
International Criminal Court Act 2002
and two other Acts to make amendments contingent on the commencement of the
Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018
;
Crimes Act 1914
to amend the search warrant framework to: allow law enforcement agencies to collect evidence from electronic devices under warrant remotely; increase penalties for not complying with orders from a judicial officer requiring assistance in accessing electronic devices where a warrant is in force; and increase the period during which an electronic device found while executing a warrant can be moved to another place for analysis from 14 days to 30 days;
Customs Act 1901
to: provide the Australian Border Force with a new power to request a search warrant to be issued in respect of a person for the purposes of seizing a computer or data storage device; increase penalties for not complying with orders from a judicial officer requiring assistance in accessing electronic devices where a warrant is in force; and increase the timeframe for the examination of electronic devices moved under a warrant from 72 hours to 30 days; and
Australian Security Intelligence Organisation Act 1979
to: provide that a person or body is not subject to civil liability where they voluntarily provide assistance to ASIO, or give information or produce a document to ASIO unsolicited, in certain circumstances; and enable ASIO to require a person with knowledge of a computer or a computer system to provide assistance that is reasonable and necessary to gain access to data on a device that is subject to an ASIO warrant.