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

by leave—I move government amendments (9), (10) and (11) together:

(9)    Schedule 1, item 9, page 10 (line 27), omit “device.”, substitute “device; or”.

(10) Schedule 1, item 9, page 10 (after line 27), after paragraph 108(2)(g), insert:

             (h)    accessing a stored communication by an officer or staff member of the Australian Communications and Media Authority engaged in duties relating to enforcement of the Spam Act 2003.

(11) Schedule 1, item 9, page 26 (lines 17 to 25), omit section 138, substitute:

138 Employee of carrier may communicate information to enforcement agency

        (1)    An employee of a carrier may, for a purpose or purposes connected with the investigation by the Australian Communications and Media Authority of a serious contravention or with the performance of its functions relating to enforcement of the Spam Act 2003, and for no other purpose, communicate to an officer or staff member of the authority the following:

             (a)    lawfully accessed information other than foreign intelligence information;

             (b)    stored communications warrant information.

        (2)    An employee of a carrier may, for a purpose or purposes connected with the investigation by any other enforcement agency of a serious contravention, and for no other purpose, communicate to an officer or staff member of the agency the following:

             (a)    lawfully accessed information other than foreign intelligence information;

             (b)    stored communications warrant information.

These amendments will exempt inspectors of the Australian Communications and Media Authority from the operation of the general prohibition against access to stored communications when they are lawfully engaged in the enforcement of the Spam Act 2003. Similarly, telecommunications carriers, including internet service providers, can pass spam material to officers of the Australian Communications and Media Authority to conduct an investigation under the Spam Act. These amendments will ensure appropriate access to stored communications, such as emails, so the enforcement of the Spam Act 2003 is maintained. This is an appropriate exemption, as access to spam does not include a significant privacy intrusion; spam is of the nature of an unsolicited public broadcast of advertising. I think that speaks for itself. Unsolicited material on the internet is something that everyone is experiencing more and more. It is not a breach of privacy as such, and I commend these amendments to the committee.