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

by leave—I move Democrat amendments (6) and (26) on sheet 4869:

(6)    Schedule 1, item 9, page 19 (after line 18), at the end of Division 3, add:

124A Subject of warrant to be notified

        (1)    The chief officer must notify a person in respect of whom a stored communications warrant is issued of the existence of the warrant as soon as practicable following the issue of the warrant.

        (2)    Subsection (1) does not apply in relation to a warrant where, in the opinion of the chief officer, notification would prejudice the investigation in relation to which the warrant is sought.

        (3)    If subsection (2) applies, then the chief officer must notify the person in respect of whom a stored communications warrant is issued of the existence of the warrant immediately once such notification would not longer prejudice the investigation.

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

11 After section 48

Insert:

48A Subject of warrant to be notified

        (1)    The chief officer must notify a person, in respect of whom a warrant is issued under section 46B, of the existence of the warrant as soon as practicable following the issue of the warrant.

        (2)    Subsection (1) does not apply in relation to a warrant where, in the opinion of the chief officer, notification would prejudice the investigation in relation to which the warrant is sought.

        (3)    If subsection (2) applies, then the chief officer must notify the person, in respect of whom a stored communications warrant is issued, of the existence of the warrant, immediately once such notification would not longer prejudice the investigation.

Amendment (6) moves to inform the person against whom a warrant was exercised so that they are aware that a warrant was exercised and may seek remedies where they are a genuinely aggrieved person. This amendment takes into account consideration the agency, so as not to compromise any investigation they are conducting. It is fairly even handed in that respect, we believe. The bill, as we know, contains civil remedies so that an aggrieved person may have access to redress should they be adversely affected. This amendment seeks to give practical effect to the section by allowing a potentially aggrieved person to know about the existence of the warrant so they can then act on that information if it is required. Amendment (26) requires the subject of a B-party warrant to be notified so that they can have access to remedies. Obviously we are dealing with B parties as well.