George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

by leave—I move all government amendments together:

(1) Schedule 1, item 8, page 6 (line 1), omit "Note", substitute "Note 1".

(2) Schedule 1, item 8, page 6 (after line 4), at the end of subsection 313(1A), add:

Note 2: A person who uses a carriage service to supply various kinds of broadcasting services is not a carriage service provider merely because of that use (and therefore not subject to the duty imposed by this subsection): see subsections 87(1) and (2) and 93(1) and (2).

(3) Schedule 1, item 12, page 8 (line 2), at the end of subsection 314A(2), add:

  ; (f) the carrier or carriage service provider entering into arrangements to have all or some information or documents to which subsection 187A(1) of the Telecommunications (Interception and Access) Act 1979 applies in relation to the carrier or provider kept outside Australia.

(4) Schedule 1, item 12, page 8 (after line 2), after subsection 314A(2), insert:

  (2A) Subsection (1) does not apply to changes to a telecommunications service or a telecommunications system that are changes determined in an instrument under subsection (2B).

  (2B) The Communications Access Co-ordinator may, by legislative instrument, make a determination for the purposes of subsection (2A).

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(5) Schedule 1, item 12, page 8 (after line 19), after subsection 314A(5), insert:

  (5A) The Communications Access Co-ordinator may grant an exemption under subsection (4) or (5) on his or her own initiative or on written application by a carrier or a nominated carriage service provider.

  (5B) If a carrier or a nominated carriage service provider makes such an application, the Communications Access Co-ordinator must, within 60 days of receiving the application, either:

  (a) give the carrier or provider an exemption under subsection (4) or (5); or

  (b) give the carrier or provider a notice in writing refusing the application, including setting out the reasons for the refusal.

  (5C) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Communications Access Co-ordinator under paragraph (5B)(b) to refuse an application.

(6) Schedule 1, item 12, page 8 (after line 20), after subsection 314A(6), insert:

  (6A) An exemption under subsection (4) or (5) may specify the period during which it is to remain in force. The exemption remains in force for that period unless it is revoked earlier or it ceases to be in force as mentioned in subsection (6B).

  (6B) An exemption under subsection (4) or (5) may be given subject to conditions specified in the exemption. The exemption ceases to be in force if the carrier or nominated carriage service provider breaches a condition.

(7) Schedule 1, item 13, page 21 (after line 15), at the end of subsection 315H(1), add:

Note: The Privacy Act 1988 applies to the disclosure of personal information.

(8) Schedule 1, item 13, page 22 (after line 27), after subsection 315J(1), insert:

  (1A) Without limiting subsection (1), a report under that subsection for a financial year must include the following information for that year:

  (a) the number of directions the Attorney-General gave under subsection 315A(1);

  (b) the number of directions the Attorney-General gave under subsection 315B(2);

(c) the following:

     (i) the number of notifications the Communications Access Co-ordinator received under subsection 314A(3);

     (ii) in response to such notifications, the average number of days taken by the Co-ordinator to give a notice under subsection 314B(3) or (5);

     (iii) in response to such notifications, the percentage of notices given within the period under subsection 314B(6) by the Co-ordinator under subsection 314B(3) or (5);

(d) the following:

     (i) the number of applications the Communications Access Co-ordinator received under subsection 314A(5A);

     (ii) in response to such applications, the average number of days taken by the Co-ordinator to give a notice under subsection 314A(4) or (5) or paragraph 314A(5B)(b);

     (iii) in response to such applications, the percentage of notices given within the period under subsection 314A(5B) by the Co-ordinator under subsection 314A(4) or (5) or paragraph 314A(5B)(b);

(e) the following:

     (i) the number of security capability plans the Communications Access Co-ordinator received under subsection 314C(1);

     (ii) in response to such plans, the average number of days taken by the Co-ordinator to give a notice under subsection 314D(3) or (5);

     (iii) in response to such plans, the percentage of notices given within the period under subsection 314D(6) by the Co-ordinator under subsection 314D(3) or (5);

(f) the number of notices the Attorney-General's Secretary gave under subsection 315C(2);

  (g) details of the information sharing arrangements between the Commonwealth and carriers and carriage service providers in relation to this Part, to the extent that this Part was amended by the Telecommunications and Other Legislation Amendment Act 2017;

(h) a summary of any feedback or complaints made in relation to this Part, to the extent that this Part was amended by that Act;

  (i) trends or issues in relation to the matters covered by paragraphs (a) to (h).

(9) Schedule 1, item 13, page 22 (after line 33), after Division 8, insert:

Division 8A—Review by Parliamentary Joint Committee on Intelligence and Security

315K Review by Parliamentary Joint Committee on Intelligence and Security

(1) The Parliamentary Joint Committee on Intelligence and Security must review the operation of this Part, to the extent that this Part was amended by the Telecommunications and Other Legislation Amendment Act 2017.

(2) The review:

  (a) must start on or before the second anniversary of the commencement of this section; and

  (b) must be concluded on or before the third anniversary of the commencement of this section.

(3) The Committee must give the Attorney-General a written report of the review.

I also table a supplementary explanatory memorandum relating to the government amendments to this bill.

The government amendments give full effect to all of the recommendations of the Parliamentary Joint Committee on Intelligence and Security. The recommendations of the committee provide greater clarity and certainty for industry, encourage information sharing and enhance the transparency of the regime's operation. They include amendments to clarify that subsection 313(1A) of the bill does not apply to broadcasters that are not carriage service providers under section 93 of the Telecommunications Act and to amend section 314A of the bill to outline the application process for a carrier or nominated carriage service provider to seek an exemption from the notification requirements for certain types of changes to their networks, allowing an exemption to be time-limited and subject to conditions, providing the communications access coordinator with the ability to issue class exemptions to the notification requirements in section 314A of the bill and enabling applications to the Administrative Appeals Tribunal for review of a decision to refuse an application for exemption for notification requirements. They amend section 315H(1) of the bill to clarify, for the avoidance of doubt, that existing legislative privacy obligations continue to apply; prescribe specific annual reporting requirements on the operation of the bill under section 315J; amend section 314A(2) of the bill to ensure that a carrier or a nominated carriage service provider entering into a new or changed offshoring arrangement for information retained under the data retention regime can trigger notification requirements in respect of that change; and, finally, require the Parliamentary Joint Committee on Intelligence and Security to review the operation of the bill within three years of the royal assent.