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Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015


Previous citations:

Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014



Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Implements recommendations of the Parliamentary Joint Committee on Intelligence and Security’s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation by amending the: Telecommunications (Interception and Access) Act 1979 to: require telecommunications service providers to retain and to secure for two years telecommunications data (not content); require service providers to protect retained data through encryption and preventing unauthorised interference and access; require the PJCIS to review the mandatory data retention scheme no more than three years after the end of the implementation phase; limit the range of agencies that are able to access telecommunications data and stored communications; establish a journalist information warrants regime; restrict the agencies who can access this data; require the minister to refer to the PJCIS any legislative proposal to amend which agencies can access the data; provide for record-keeping and reporting the use of, and access to, telecommunications data; and enable the Commonwealth Ombudsman to assess agency compliance; Australian Security Intelligence Organisation Act 1979 to provide that certain matters relating to data retention be included in the Australian Security Intelligence Organisation’s (ASIO) annual report; Intelligence Services Act 2001 to enable the PJCIS to inquire into operational matters relating to the use of telecommunications data by ASIO and the Australian Federal Police, in relation to counter-terrorism functions; Telecommunications Act 1997 to prohibit civil litigants from being able to access certain telecommunications data; and Telecommunications Act 1997 and Privacy Act 1988 to make consequential amendments.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 30/10/14  
Second reading moved 30/10/14  
Second reading debate 17/03/15  
Second reading debate 18/03/15  
Second reading debate 19/03/15  
Second reading agreed to 19/03/15  
Consideration in detail debate 19/03/15 Amendment details: 74 Government agreed to
Third reading agreed to 19/03/15  
     
Senate
Introduced and read a first time 24/03/15  
Second reading moved 24/03/15  
Second reading debate 24/03/15  
Second reading agreed to 24/03/15  
Committee of the Whole debate 24/03/15  
Committee of the Whole debate 25/03/15  
Committee of the Whole debate 26/03/15  
Third reading agreed to 26/03/15  
     
Finally passed both Houses 26/03/15  
Assent 13/04/15 Act no.: 39 - Year: 2015
     

Text of bill

  • First reading

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  • Third reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum

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  • Replacement explanatory memorandum

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  • Revised explanatory memorandum

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Second reading speeches


Proposed amendments

House of Representatives
  • Government [sheet GT140]

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Senate
  • Australian Greens [sheet 7692]
LUDLAM, Sen Scott

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  • Australian Greens [sheet 7670]
LUDLAM, Sen Scott

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  • Australian Greens [sheet 7669]
LUDLAM, Sen Scott

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  • Independent [sheet 7672]
XENOPHON, Sen Nick

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  • Liberal Democratic Party [sheet 7661]
LEYONHJELM, Sen David

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  • Palmer United Party [sheet 7690]
WANG, Sen Zhenya

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Schedules of amendments

Bills Digest



Notes
  • Referred to Committee (21/11/2014): Parliamentary Joint Committee on Intelligence and Security; Committee report (27/02/2015)
  • Access information for House of Representatives and Senate committees
  • An electronic version of this Act is available in ComLaw ( www.comlaw.gov.au )