Bill

Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021

passed, as at 2021-09-03. Home Affairs portfolio.

Sponsor

Not recorded

Portfolio

Home Affairs

Recorded stages

• introduced — 2020-12-03

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• second reading — 2020-12-03

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• second reading — 2021-08-24

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• second reading — 2021-08-24

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• committee — 2021-08-24

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• third reading — 2021-08-24

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• introduced — 2021-08-25

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• second reading — 2021-08-25

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• second reading — 2021-08-25

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• second reading — 2021-08-25

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• committee — 2021-08-25

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• third reading — 2021-08-25

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• passed — 2021-08-25

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• royal assent — 2021-09-03

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Divisions

• The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2020-12-08.127.2) introduced by Victorian Senator [Lidia Thorpe](https://theyvoteforyou.org.au/people/senate/victoria/lidia_thorpe) (Greens), which means it failed. Before voting, Tasmanian Senator [Jonathon Duniam](https://theyvoteforyou.org.au/people/senate/tasmania/jonathon_duniam) (Liberal) [noted that](https://www.openaustralia.org.au/senate/?gid=2020-12-08.128.4): > *The government does not support this motion. The Minister for Home Affairs has already written to the chair of the [Parliamentary Joint Standing Committee on Intelligence and Security](https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security) referring the legislation to the PJCIS as the appropriate committee in this instance.* You can [track the inquiry](https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/IdentifyandDisruptBill). ### Motion text > *That the Senate—* > > *(a) notes that the [Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6623) gives the Australian Criminal Intelligence Commission, the Australian Federal Police and, through them, the Australian Signals Directorate extraordinary powers in respect to online activities; and* > > *(b) refers the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 to the [Legal and Constitutional Affairs Legislation Committee](https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs) for inquiry and report by 27 March 2021.* — 2020-12-08, Senate: negative, ayes 12, noes 38

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Plain-language summary

Written by a model from the explanatory memorandum; not the record, as at 2020-12-03.

This bill would give the Australian Federal Police and the Australian Criminal Intelligence Commission new powers to fight serious online crime.

It would create three new warrant types: data disruption, network activity, and account takeover warrants.

The bill includes sunset provisions for warrants and emergency authorisations.

• Introduces data disruption warrants to modify, add, copy or delete data to frustrate serious online offences.
• Introduces network activity warrants to collect intelligence on criminal networks.
• Introduces account takeover warrants to let agencies take control of online accounts for evidence gathering.
• Adds sunset provisions for warrants and emergency authorisations.

The Australian Federal Police and the Australian Criminal Intelligence Commission, and people suspected of serious online crime such as child abuse, terrorism, drug trafficking, human trafficking, identity theft, fraud, assassinations and weapons distribution.

Sources

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