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Telecommunications (Interception) Amendment (Stored Communications) Bill 2004



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Parliament of Australia

Department of Parliamentary Services

Parliamentary Library BILLS DIGEST

Information, analysis and advice for the Parliament

22 November 2004, no. 37, 2004-05, ISSN 1328-8091

This is a new edition of a Bills Digest previously prepared for the 40th Parliament

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 [November 2004]

Peter Prince Law and Bills Digest Section

Contents

Purpose....................................................................................................................................... 2

Background ................................................................................................................................ 2

Endnotes..................................................................................................................................... 2

www.aph.gov.au/library

2 Telecommunications (Interception) Amendment (Stored Communications) Bill 2004

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004

Date Introduced: 17 November 2004

House: Senate

Portfolio: Attorney-General

Commencement: The day after Royal Assent

Purpose

To exclude ‘stored communications’ (including electronic messages located on a computer, internet server or other equipment, and whether read or unread) from the controls on interception of communications in the Telecommunications (Interception) Act 1979 for a period of 12 months while a review of the regime for accessing such communications is conducted.

Background

The Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 was originally introduced on 27 May 2004. This Bill lapsed when the 40th Parliament was prorogued for the October 2004 general election. The Bill has now been re-introduced in identical form.

For discussion of the issues raised by this Bill, see the digest for the May 2004 Bill.1 See also the report2 on the May 2004 Bill by the Senate Legal and Constitutional Committee.

Endnotes

1 http://www.aph.gov.au/library/pubs/bd/2003-04/04bd153.pdf.

2 http://www.aph.gov.au/senate/committee/legcon_ctte/completed_inquiries/2002-04/ti_stored_data/report/report.pdf.

 Copyright Commonwealth of Australia 2004

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of Parliamentary Services, other than by senators and members of the Australian Parliament in the course of their official duties.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 3

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

This paper has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.

Members, Senators and Parliamentary staff can obtain further information from the Information and Research Services on (02) 6277 2404.