Bill
Telecommunications Legislation Amendment (International Production Orders) Bill 2020
passed, as at 2021-07-23. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2020-03-05
- second reading — 2020-03-05
- second reading — 2021-06-23
- second reading — 2021-06-23
- committee — 2021-06-23
- third reading — 2021-06-23
- introduced — 2021-06-24
- second reading — 2021-06-24
- second reading — 2021-06-24
- third reading — 2021-06-24
- passed — 2021-06-24
- royal assent — 2021-07-23
Divisions
- The majority voted against an amendment to a [motion](https://www.openaustralia.org.au/senate/?id=2021-06-24.28.2) introduced by Queensland Senator [Larissa Waters](https://theyvoteforyou.org.au/people/senate/queensland/larissa_waters) (Greens), which means it failed. The purpose of the original motion is to speed up consideration of the two bills mentioned. The amendment would have removed the Telecommunications bill from the original motion so that the usual rules would have applied to it. ### Amendment text > *Omit "Telecommunications Legislation Amendment (International Production Orders) Bill 2020"* ### Original motion text > *That the provisions of paragraphs (5) to (8) of [standing order](https://peo.gov.au/understand-our-parliament/how-parliament-works/parliament-at-work/standing-orders/) 111 not apply to the following bills, allowing them to be considered during this period of sittings:* > >> *Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 2021* >> >> *Telecommunications Legislation Amendment (International Production Orders) Bill 2020.* — 2021-06-24, Senate: negative, ayes 11, noes 32
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?id=2021-06-24.187.1) to the usual [second reading motion](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/) "*that the bill be read a second time*", which is parliamentary jargon for agreeing with the main idea of the bill. This means the amendment failed. ### Amendment text > *At the end of the motion, add: ", but the Senate:* > > *(a) notes that:* > >> *(i) the bill lacks the protections included under equivalent United States legislation, and the safeguards provided for under mutual assistance laws, with respect to matters such as protection of human rights, including the right to life and prohibition on torture, and restrictions on accessing data about Australian persons,* >> >> *(ii) it is currently impossible to fully identify and assess the safeguards that will apply to the scheme set out in the bill, particularly any safeguards to protect the privacy and the rights of law abiding individuals,* >> >> *(iii) the bill leaves many essential details, including critical safeguards, to the content of individual, future executive agreements that would be prescribed by regulation as Designated International Agreements (DIAs), and* >> >> *(iv) some Administrative Appeals Tribunal members lack the independence required to properly fulfil the role of considering and issuing International Production Orders (IPOs), particularly given community perceptions that the Tribunal is being influenced through appointments that reflect political affiliation, and* > > *(b) calls on the Government to:* > >> *(i) ensure that proposed DIAs are subject to the same degree of parliamentary scrutiny as mutual assistance treaties,* >> >> *(ii) create statutory requirements for the timely publication and tabling in Parliament of the full text of any agreement that is to be prescribed as a DIA, so that Parliament has immediate access to — 2021-06-24, Senate: negative, ayes 10, noes 32
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2021-06-24.187.1) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill [for a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means that the bill can now be discuss in more detail. ### What does this bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd001): > *The purpose of the Bill is to amend the Telecommunications (Interception and Access) Act 1979 (the TIA Act) and make consequential amendments to other Acts to introduce a framework for Australian agencies to obtain an international production order (IPO) requiring a designated communications provider (DCP) overseas to:* > > * *intercept communications* > * *provide access to stored communications or* > * *provide access to telecommunications data.* > > *Certain agencies will be able to apply for IPOs in relation to investigating serious offences, carrying out ASIO’s functions, and purposes relating to control orders.* > > *IPOs will be authorised externally to the requesting agency. They will only be available in relation to providers in countries with which Australia has a bilateral or multilateral agreement on cross-border access to electronic information and communications data; that is, a designated international agreement.* > > *The Bill will also amend the TIA Act and other Acts to ensure that Australian communications providers are not prevented from responding to incoming requests for access to electronic information and communications data from countries with which Australia has a designated international agreement.* > > *The proposed IPO framework is intended to provide a faster alternative to the formal mutual legal assistance process for obtaining access to certain information and data held by overseas providers — 2021-06-24, Senate: affirmative, ayes 32, noes 13
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2021-06-24.192.1) to pass the bill in the Senate. In parliamentary jargon, they voted to read the bill [for a third time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). Because the bill has already passed in the House of Representatives, it can now become law. ### What does this bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd001): > *The purpose of the Bill is to amend the Telecommunications (Interception and Access) Act 1979 (the TIA Act) and make consequential amendments to other Acts to introduce a framework for Australian agencies to obtain an international production order (IPO) requiring a designated communications provider (DCP) overseas to:* > > * *intercept communications* > * *provide access to stored communications or* > * *provide access to telecommunications data.* > > *Certain agencies will be able to apply for IPOs in relation to investigating serious offences, carrying out ASIO’s functions, and purposes relating to control orders.* > > *IPOs will be authorised externally to the requesting agency. They will only be available in relation to providers in countries with which Australia has a bilateral or multilateral agreement on cross-border access to electronic information and communications data; that is, a designated international agreement.* > > *The Bill will also amend the TIA Act and other Acts to ensure that Australian communications providers are not prevented from responding to incoming requests for access to electronic information and communications data from countries with which Australia has a designated international agreement.* > > *The proposed IPO framework is intended to provide a faster alternative to the formal mutual legal assistance process for obtaining access to certain information and data held — 2021-06-24, Senate: affirmative, ayes 32, noes 13
Plain-language summary
No machine-written summary in this export.
Sources
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