David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I move LDP amendment (9) on sheet 7661:

(9) Schedule 1, page 22 (after line 15), after Part 1, insert:

Part 1A—Amendments relating to authorisations

Telecommunications (Interception and Access) Act 1979

1AA Section 178 (heading)

  Repeal the heading, substitute:

178 Authorisations for access to existing information or documents

1AB Subsection 178(3)

  Repeal the subsection, substitute:

(3) The authorised officer must not make the authorisation unless he or she is satisfied that the disclosure is reasonably necessary for the enforcement of a serious contravention.

1AC Section 179

  Repeal the section.

1AD Paragraph 186(1)(b)

  Repeal the paragraph.

This amendment is designed to ensure that access to privacy-intrusive telecommunications data is permitted only for serious crimes. The bill was clearly intended with a national security remit: serious crimes. Any extension beyond terrorism and national security should only be to crimes that are in the upper range of seriousness in all Australian jurisdictions, such as child pornography offences. I do not wish to see metadata used to pursue trivialities. That is what happened in the UK, with the RIPA law. The thought of spying on people for their unpaid rates or the heinous crime of comparing petrol prices is ridiculous. That is very likely the main use to which this metadata will be put, unless this amendment is passed.