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Thursday, 25 September 2014
Page: 7234


Senator LEYONHJELM (New South Wales) (19:32): I move amendment (2) on sheet 7579:

(2) Schedule 2, page 55 (before line 5), before item 46, insert:

46A Before section 32

   Insert:

32A Notification requirements in relation to interference with computer use under warrant etc.

(1) This section applies if:

   (a) a warrant was issued under section 25, 25A, 27A, 27C or 29; and

   (b) a thing mentioned in subsection 25(5) or 25A(4), paragraph 27D(2)(h) to (k) or subsection 27E(2) was done under the warrant.

(2) The Director-General must cause the Minister and the Inspector-General of Intelligence and Security to be notified of any material interference with, or interruption or obstruction of, the lawful use by other persons of a computer or other electronic equipment, or a data storage device, that resulted from the thing being done.

(3) The notification must be given:

   (a) in writing; and

   (b) as soon as practicable after the thing was done.

This amendment relates to recommendation 5 of the joint committee. The committee recommended that instances of material disruption of a computer and instances of non-routine access to third-party computers be reported to the minister. The government supported this recommendation with respect to material disruption and rejected the recommendation with respect to non-routine access. The government has just amended the bill to require reporting to the minister any instances of material disruption. Our amendment simply extends this so that both the minister and the Inspector-General of Intelligence and Security need to be notified of instances of material disruption. It is a small amendment and it simply reflects recommendation 5 of the joint committee.