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Monday, 1 December 2003
Page: 23375

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Schedule 1, page 17 (after line 9), after item 63, insert:

63A At the end of section 535

Add:

(3) A warrant may not be issued under this section in relation to a breach of the Spam Act 2003, where a person's sole connection to a breach of the Spam Act2003 is as a recipient of unsolicited com-mer-cial electronic messages.

(2) Schedule 1, page 17 (after line 11), after item 64, insert:

64A At the end of section 537

Add:

; (e) in relation to a breach of the Spam Act 2003, the warrant must specify:

(i) the owner of the computer data;

(ii) the nature of the class of data being sought from a computer.

(3) Schedule 1, page 18 (after line 4), after item 68, insert:

68A At the end of section 542

Add:

(5) Nothing in this section authorises an inspector to search or seize an article in relation to an actual or suspected breach of the Spam Act 2003 without a warrant issued under Division 3 unless the owner of the article (or a person who the inspector believes on reason-able grounds to have the authority of the owner of the article) has consented to the article being searched or seized.

(4) Schedule 1, page 18 (after line 4), after item 68, insert:

68B At the end of section 542

Add:

(6) Nothing in this section authorises an inspector to search or seize an article in relation to an actual or suspected breach of the Spam Act 2003 if that article belongs to a person whose sole connection to a breach of the Spam Act 2003 is as a recipient of unsolicited commercial electronic messages.

(5) Schedule 1, item 71, page 19 (line 10), omit paragraph 547A(2)(a), substitute:

(a) the occupier of the premises, who also meets the conditions under paragraph 547D(4)(a) or (b), has consented to the entry; or

(6) Schedule 1, item 71, page 22 (line 24), at the end of subsection 547D(5), add:

; and (e) where a warrant is issued in relation to a particular breach of the Spam Act 2003, specify the kind of electronic files that may be searched.

(7) Schedule 1, item 71, page 24 (lines 3 and 4), omit “the occupier of the premises, or the occupier's employees and agents, if they were available at the time, provided”, substitute “the owner of the equipment, or the owner's employees and agents, were able to or required by law to, at the time, provide”.

(8) Schedule 1, item 71, page 25 (line 19), omit “been involved in”, substitute “committed”.

(9) Schedule 1, item 71, page 25 (line 31), after “person”, insert “knowingly”.

(10) Schedule 1, item 71, page 25 (line 31), at the end of paragraph 547J(4)(b), add “within their power or knowledge”.

(11) Schedule 1, item 72, page 26 (line 23), omit “questions put”, substitute “questions that are relevant to the investigation put”.

(12) Schedule 1, item 72, page 26 (line 24), omit “documents requested”, substitute “documents that are relevant to the investigation requested”.