Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

by leave—I move government amendments (3) and (12) on running sheet PA337:

(3)    Schedule 1, item 2, page 4 (line 29) to page 5 (line 6), omit paragraph 5E(1)(c), substitute:

             (c)    could, if established, render the person committing the contravention liable:

                   (i)    if the contravention were committed by an individual—to pay a pecuniary penalty of 180 penalty units or more, or to pay an amount that is the monetary equivalent of 180 penalty units or more; or

                  (ii)    if the contravention cannot be committed by an individual—to pay a pecuniary penalty of 900 penalty units or more, or to pay an amount that is the monetary equivalent of 900 penalty units or more.

(12) Schedule 1, item 9, page 27 (lines 19 to 26), omit paragraph 139(3)(c), substitute:

             (c)    could, if established, render the person committing the contravention liable:

                   (i)    if the contravention were committed by an individual—to pay a pecuniary penalty of 60 penalty units or more, or to pay an amount that is the monetary equivalent of 60 penalty units or more; or

                  (ii)    if the contravention cannot be committed by an individual—to pay a pecuniary penalty of 300 penalty units or more, or to pay an amount that is the monetary equivalent of 300 penalty units or more.

At the outset, I say that these were not a result of the Senate committee recommendations, on which there has been some discussion during this committee stage. What I can say is that amendments (3) and (12) amend the references to pecuniary penalties in the bill to ensure that stored communications warrants are available to agencies in connection with the investigation of offences punishable by reference to a pure monetary amount. The threshold for a stored communications warrant is the investigation of an offence of at least three years imprisonment or a penalty of 180 penalty units, which equals $19,800.

Stored communications information can be used and disclosed in connection with the investigation of an offence of at least one year imprisonment or a penalty of 60 penalty units, which equates to $6,600. These amendments will ensure that enforcement agencies can gain access to and use stored communications via the stored communications warrant regime in appropriate circumstances. As I said, this is not a result of the Senate committee recommendations; they are amendments that the government thought would enhance the operation of this act. I commend the amendments to the committee.