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Wednesday, 22 August 2012
Page: 6039

Senator LUDWIG (QueenslandMinister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (11:05): I move government amendment (7) on sheet BL210:

(7) Schedule 1, page 21 (after line 14), at the end of the Schedule, add:

34 Transitional provision for item 18—ongoing domestic preservation notices

Despite the insertion of section 107H into the Telecommunications (Interception and Access) Act 1979 made by item 18 of this Schedule, an issuing agency may not a give a carrier an ongoing domestic preservation notice under that section before the end of the period that:

   (a) starts on the day this Act receives the Royal Assent; and

   (b) ends 90 days after that day.

Amendment (7) delays the commencement of the ongoing preservation notices until 90 days after the bill receives royal assent. This amendment does seek to ensure carriers and carriage service providers have sufficient time to comply with this bill's requirements. Industry currently provides historic preservation to agencies pursuant to general obligations in the Telecommunications Act. Telecommunications industry participants that are currently compliant with the Telecommunications Act will remain compliant with the historic preservation provisions in this bill. The proposed amendment will provide industry with sufficient time to ensure compliance with requests for ongoing preservation. The bill does not prescribe any particular capability or methodology for enabling preservation, meaning that the industry does have flexibility regarding compliance. This proposal responds to recommendation 13 of the committee report.