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

I was conscious of that and I am happy to withdraw the amendment. I think the questions were still relevant; they were not necessarily specific to that amendment. In fact, I always get nervous when the minister says something I have asked is a good question and then I look to you, Minister, for a specific answer to my question. I am glad you acknowledge that forthwith is an interesting question, but I think there is an issue in relation to stipulation of material. Having said that, I seek leave to withdraw amendment (27) on sheet 4869.

Leave granted.

I think we have a similarity here with an opposition amendment but I will move amendment (28) standing in my name on behalf of the Democrats:

(28)  Schedule 2, page 63 (after line 30),at the end of the Schedule, add:

13 After section 60

Insert:

60A Dealing with information obtained under a section 46B warrant

        (1)    The chief officer of a law enforcement agency:

             (a)    must ensure that every record or report comprising communications obtained in accordance with a warrant under section 46B is kept in a secure place that is not accessible to people who are not entitled to deal with the record or report; and

             (b)    must cause to be destroyed any record or report referred to in paragraph (a):

                   (i)    as soon as practicable after the making of the record or report if the chief officer is satisfied that no civil or criminal proceeding to which the material contained in the record or report relates has been, or is likely to be, commenced; and

                  (ii)    within the period of 5 years after the making of the record or report, and within each period of 5 years thereafter, unless, before the end of each 5-year period, the chief officer is satisfied that, in relation to the material contained in the record or report of a matter, civil or criminal proceedings have been, or are likely to be, commenced and certifies to that effect.

        (2)    Subsection (1) does not apply to a record or report that is received into evidence in legal proceedings or disciplinary proceedings.

This amendment moves to make the destruction provisions in regard to B-party warrants essentially mirror those provisions that are contained within the Surveillance Devices Act. The current provisions only require that material be destroyed when the Chief Officer gets around to it, and I thought it might be more appropriate. I think this arises, as my colleagues may recall, from our debate and discussion in the committee. I might just check my evidence but I think the terminology ‘turns his mind to it’ was used. I think the Surveillance Devices Act, because of a better threshold, would be a better example and therefore more appropriately we should enshrine those provisions into this bill.