Senate debates

Wednesday, 29 March 2006

Telecommunications (Interception) Amendment Bill 2006

In Committee

12:36 pm

Photo of Natasha Stott DespojaNatasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

I am not going to prolong this debate, but I am curious about the minister’s response. I acknowledge the Blunn report, but I am not suggesting that this is not a blurry area. I do not think it is immediately obvious or simple, but I do find it fascinating, and I would be curious to hear the minister’s response. He uses the example of a live communication—for example, having a telephone conversation or a discussion as we are now, juxtaposed with writing something down or pressing a button like ‘send’. However, doesn’t this issue become a bit more blurry when we are talking about the difference between picking up a phone and having a chat—such as, ‘Hello, Senator Ellison, I wanted to have a chat about the telecommunications interception bill’—and not actually getting through to the person but getting their voicemail?

I am trying to clarify whether there is a distinction. Do we treat differently the fact that I have not spoken to the minister but I have got through to his voicemail? Why would you treat that any differently? If I am wrong about that, I would like to have it checked. It may well be that people are much more adept when they leave a voicemail message, but I think all of us have been in the circumstance when we are caught off guard and think, ‘Gosh, it would’ve been easier to talk directly to this person.’ It is perhaps more challenging. I do not know. Maybe one is more considered and one is not. But doesn’t the fact that getting through would be treated one way and not getting through but leaving a recorded message would be treated another way seem ludicrous? That is just an example that comes to mind. I am curious to hear the minister’s response to that example.

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