Bill
Telecommunications (Interception and Access) Amendment Bill 2023
passed, as at 2023-08-10. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2023-08-07
- second reading — 2023-08-07
- second reading — 2023-08-08
- second reading — 2023-08-08
- third reading — 2023-08-08
- introduced — 2023-08-09
- second reading — 2023-08-09
- second reading — 2023-08-09
- second reading — 2023-08-09
- committee — 2023-08-09
- third reading — 2023-08-09
- passed — 2023-08-09
- royal assent — 2023-08-10
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2023-08-09.10.2): > *That the provisions of paragraphs (5) to (8) of [standing order 111](https://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/standingorders/b00/b20#standing-order_c20-111) not apply to the [Telecommunications (Interception and Access) Amendment Bill 2023](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7070), allowing it to be considered during this period of sittings.* This means that bill can be considered during the present sitting period. #### Rebellion Note that the two Jacqui Lambie Network senators voted differently, with Tasmanian Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) voting "No" and Tasmanian Senator [Tammy Tyrrell](https://theyvoteforyou.org.au/people/senate/tasmania/tammy_tyrrell) voting "Yes". ### Paragraphs (5) to (8), Standing Order 111 > *(5) Where a bill:* > >> *(a) is first introduced in the Senate by a minister in a period of sittings; or* >> >> *(b) is received from the House of Representatives and was introduced in that House in the same period of sittings; or* >> >> *(c) is received from the House of Representatives after the expiration of two-thirds of the total number of days of sitting of the Senate scheduled for that period of sittings,* >> >> *and a motion is moved for the second reading of the bill, debate on that motion shall be adjourned at the conclusion of the speech of the senator moving the motion and resumption of the debate shall be made an order of the day for the first day of sitting in the next period of sittings without any question being put.* > > *(6) Paragraph (5) does not apply to a bill introduced in the Senate or received from the House of Representatives within the first two-thirds of the total number of days of sitting of the Senate scheduled for the first period of sittings after — 2023-08-09, Senate: affirmative, ayes 28, noes 10
- The majority vote in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2023-08-09.16.1) to agree with the bill's main idea. In parliamentary jargon, they voted to read it a second time. This means that they can now consider it in greater detail. ### What does this bill do? According to the [explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Fems%2Fr7070_ems_9e7524df-0ac6-48c4-afc7-d37b07d41e97%22;rec=0) for the bill: > *The Bill amends sections 65 and 137 of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to ensure information obtained under section 11A, 11B and 11C warrants (‘foreign intelligence information’) can be communicated, used and recorded to protect Australia’s national security.* > > *Schedule 1 of the Bill will clarify the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions. Foreign intelligence information obtained under the relevant warrants plays a critical role in enabling intelligence agencies to identify threats to Australia’s national security. The communication and use of such information is critical to identifying and mitigating those threats. These amendments ensure that the Attorney-General can continue to approve the communication and use of foreign intelligence information in a manner that is appropriate to address threats to Australia’s national security.* > > *The Bill does not seek to alter or expand the information that may be intercepted under foreign intelligence warrants under sections 11A, 11B or 11C. Rather, review and consideration of the provisions has identified the need for greater certainty about the sharing of foreign intelligence information. The amendments would replace the requirement for the Attorney-General to approve the persons who can receive the information, as this may not be — 2023-08-09, Senate: affirmative, ayes 30, noes 10
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?id=2023-08-09.21.1) introduced by NSW Senator [David Shoebridge](https://theyvoteforyou.org.au/people/senate/nsw/david_shoebridge) (Greens), which means they failed. ### What was the purpose of the amendments? Senator Shoebridge [explained that](https://www.openaustralia.org.au/senate/?gid=2023-08-09.21.2): > *These amendments, taken together, would amend the two substantive elements of this bill which currently provide a capacity for the Attorney-General to limit the sharing of the foreign intelligence information obtained under a warrant whereby the bill as drafted permits the Attorney-General to specify a purpose for which the information can be shared. But the drafting, very intentionally, in providing purpose, if any, identified by the Attorney-General, does not require the Attorney-General to so specify the purpose for which the information can be shared.* > > *Given the government's position that there are critical safeguards in the bill, it's our view that that should be more than verbiage, it should be included in the actual drafting of the bill. These amendments taken together require the Attorney-General to put a purpose in and, to avoid doubt, provide that foreign intelligence information cannot be communicated if the Attorney-General does not approve in writing any purposes. That's the ultimate safeguard.* ### Amendment text > *(1) Schedule 1, item 1, page 3 (line 9), omit "(if any)".* > > *(2) Schedule 1, item 1, page 3 (after line 21), after subsection 65(1B), insert:* > >> *(1C) To avoid doubt, foreign intelligence information must not be communicated under subsection (1A) if the Attorney-General does not approve, in writing, any purposes for the purposes of paragraph (1A)(b).* > > *(3) Schedule 1, item 3, page 3 (line 29), omit "(if any)".* > > *(4) Schedule 1, page 4 (after line 6), after item 4, insert:* > >> *4A After subsection 65(2)* >> >> *Insert:* >> >> *(2A) To — 2023-08-09, Senate: negative, ayes 9, noes 27
Plain-language summary
No machine-written summary in this export.
Sources
em
billhome
frl act