Senator ALSTON (Minister for Communications and the Arts)(4.50 p.m.) —by leave—I move:

(100)   Clause 265, page 211 (lines 1 to 4), omit the clause, substitute:

265 Authorisation by or under law

   (1)   Division 2 does not prohibit a disclosure or use of information or a document if:

      (a)   in a case where the disclosure or use is in connection with the operation of an enforcement agency—the disclosure or use is required or authorised under a warrant; or

      (b)   in any other case—the disclosure or use is required or authorised by or under law.

   (2)   In this section:

enforcement agency has the same meaning as in section 267.

(104)   Clause 267, page 212 (after line 4), after subclause (5), insert:

   (5A)   Subsections (3), (4) and (5) do not apply to the disclosure by a person of information or a document that relates to:

      (a)   the contents or substance of a communication that has been carried by a carrier or carriage service provider; or

      (b)   the contents or substance of a communication that is being carried by a carrier or carriage service provider (including a communication that has been collected or received by such a carrier or provider for carriage by it but has not been delivered by it).

   (5B)   A certificate under subsection (3), (4) or (5) must comply with such requirements as are determined in writing by the ACA.

   (5C)   Before making a determination under subsection (5B), the ACA must consult the Privacy Commissioner.

(105)   Clause 267, page 212 (line 25), omit "Territory.", substitute "Territory; or".

(106)   Clause 267, page 212 (after line 25), at the end of the definition of criminal law-enforcement agency , add:

      (h)   a body or organisation responsible to the Australasian Police Ministers' Council for the facilitation of national law enforcement support;

and includes the National Exchange of Police Information.

These amendments give effect to recommendations 3.4, 3.5 and 3.6 of the Senate report.