Senator KEMP (Minister for the Arts and Sport) (4:57 PM) —The changes to the definition of `senior officer' better align the Telecommunications Act definition to current law enforcement agency management structures. The proposed changes do not relax the authorisation process or expand the ability of officers to authorise disclosures. The Telecommunications Act contains a number of strong provisions to protect the personal privacy of people using telecommunications services while recognising the needs of law enforcement agencies to obtain protected information—for example, to conduct criminal investigations.

The bill does not water down these provisions and all existing protective mechanisms will be maintained. The government does not support these amendments, as it believes it would frustrate the ability of law enforcement agencies in the performance of their functions. The existing definitions of `senior officer' and `officer' present significant difficulties for some enforcement agencies in the efficient processing of certificates, due to changes that have occurred in law enforcement agency structures and officer classifications. Those changes have effectively reduced the number of officers who can certify a call data request than was the case when the definition was enacted. The bill makes essential updates to the classifications in the Telecommunications Act to reflect current law enforcement management and operational structures. The bill also requires most categories of senior officers to be authorised or nominated in writing by the commissioner of police, the deputy commissioner of police or the chief executive officer of the relevant agency. This ensures senior consideration of whether a person is appropriate to undertake the responsibilities involved. We will not be supporting these measures.

The TEMPORARY CHAIRMAN (Senator Chapman)—The question is that items 17 and 18 stand as printed.

Question negatived.