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Wednesday, 22 August 2012
Page: 6045


Senator LUDWIG (QueenslandMinister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (11:23): I want to deal with the amendment in total. The government does not agreed to the creation of an exemption regime regarding compliance with preservation notices. Proposed amendment (4) goes to the same issues as the proposed stored communication amendments. The Attorney-General's Department has been, as I think I said in the summing up speech, working with telecommunications industries on implementation issues for an extended period.

Because industry currently offers historic preservation on an informal basis, industry typically has systems in place that are sufficient to comply with the requirements of this bill. To further accommodate industry, government amendments will be proposed to give industry more time to comply with ongoing preservation notices. The Attorney-General's Department will, however, continue to work with industry regarding any outstanding issues.

Additionally, the Council of Europe Convention on Cybercrime does not include an allowance for a domestic extension regime. A longstanding exemption regime would, in the government's view, substantially delay Australia's ability to accede to the convention. All of that tells us that it is time to look at how we can put in place this legislation to accede to the convention, but that does not prohibit how we continue to work with industry to ensure that the costs to the system—that is, what has been going on before—are typically on an informal basis where they have been able to comply with the systems under this legislation.