Bill
Telecommunications Amendment (Repairing Assistance and Access) Bill 2019
lapsed, as at 2022-07-25.
- Sponsor
- KENEALLY, Sen Kristina
- Portfolio
- Not recorded
Recorded stages
- introduced — 2019-12-04
- second reading — 2019-12-04
- second reading — 2020-02-10
- other — 2022-07-25
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-12-04.
This bill would amend the Telecommunications Act 1997 to implement recommendations from a parliamentary inquiry and add a judicial authorisation requirement to address concerns about compatibility with the US CLOUD Act.
It would require an eligible judge to approve the issuing or varying of technical assistance requests, technical assistance notices and technical capability notices, and set conditions for that approval.
The bill would also remove the Home Affairs Minister's power to edit or delete information in reports prepared by the Commonwealth Ombudsman.
- Clarify what actions designated communications providers cannot be asked or required to do under technical assistance requests, notices or capability notices.
- Require the AFP Commissioner to not approve a technical assistance notice from a state or territory interception agency unless satisfied the requirements are reasonable, proportionate, practicable and technically feasible.
- Remove the Home Affairs Minister's ability to edit or delete information in Commonwealth Ombudsman reports.
- Introduce a judicial authorisation requirement for eligible judges to approve the giving or varying of technical assistance requests, notices and capability notices.
Designated communications providers, the AFP Commissioner, the Minister for Home Affairs, the Commonwealth Ombudsman, and eligible judges.
Sources
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