David Shoebridge (NSW, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (5) and (10) to (13) on sheet 2060 together:

(5) Schedule 1, page 4 (after line 11), after item 6, insert:

6A At the end of section 65

Add:

Note: This section was amended by Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2023. However, item 11 of Schedule 1 to that Act provides that this section has effect, on and after the sunsetting day (as defined in that item), as if those amendments had not been made.

(10) Schedule 1, page 5 (after line 17), after item 10, insert:

10A At the end of section 137

Add:

Note: This section was amended by Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2023. However, item 11 of Schedule 1 to that Act provides that this section has effect, on and after the sunsetting day (as defined in that item), as if those amendments had not been made.

(11) Schedule 1, item 11, page 5 (line 19), before "The", insert "(1)".

(12) Schedule 1, item 11, page 5 (line 21), after "Schedule", insert "and before the start of the sunsetting day".

(13) Schedule 1, item 11, page 5 (after line 23), at the end of the item, add:

(2) Sections 65 and 137 of the Telecommunications (Interception and Access) Act 1979 have effect, on and after the sunsetting day, as if the amendments made by this Schedule had not been made.

(3) To avoid doubt, subitem (2) does not affect the validity of anything that is done or not done:

(a) on or after the commencement of this Schedule and before the start of the sunsetting day; and

(b) in reliance on section 65 or 137 of the Telecommunications (Interception and Access) Act 1979 as in force immediately after the commencement of this Schedule.

(4) In this item:

sunsetting day means the day after the end of the period of 3 months beginning on the day this Schedule commences.

Together, these amendments seek to put in place a sunset provision for the bill that provides that the amendments cease to have effect on or after a date which is three months from the day on which the amendments commenced. The purpose is to give government three months to undertake a proper review, an independent review, of the drafting and the impact of the amendments, to do the due diligence that wasn't done in the preparation of this bill and in the parliament's rapid consideration of this legislation. There's been no committee process and no submissions sought. The purpose of the amendment is to allow the parliament, if it chooses, to do the appropriate due diligence that hasn't been done on this bill through a committee process. That's why the Greens moved the amendments and that's the intent of them. They also provide that the setting of the sun doesn't affect the validity of any actions taken whilst the legislation was in force. I ask the minister, when was this issue raised with government and what consultation was done prior to bringing the bill to parliament?