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Cybercrime Legislation Amendment Bill 2011

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2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Cybercrime Legislation Amendment Bill 2011

 

 

(1)     Schedule 1, item 2, page 4 (lines 14 and 15), omit “or interception agency”, substitute “(including an interception agency)”.

[technical correction—interception agencies are enforcement agencies]

(2)     Schedule 1, items 6 and 7, page 5 (lines 1 to 11), to be opposed .

[technical correction—interception agencies are enforcement agencies]

(3)     Schedule 1, item 18, page 10 (line 2), before “interception agency”, insert “enforcement agency that is an”.

[technical correction—interception agencies are enforcement agencies]

(4)     Schedule 1, item 18, page 11 (lines 29 and 30), omit “or interception agency”, substitute “(including an interception agency)”.

[technical correction—interception agencies are enforcement agencies]

(5)     Schedule 1, item 18, page 12 (line 27), before “interception agency”, insert “enforcement agency that is an”.

[technical correction—interception agencies are enforcement agencies]

(6)     Schedule 1, item 18, page 12 (line 33), before “interception agency”, insert “enforcement agency that is an”.

[technical correction—interception agencies are enforcement agencies]

(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.

[delay for ongoing domestic preservation notices]

(8)     Schedule 2, item 27, page 29 (lines 9 and 10), omit paragraph 15D(3)(b), substitute:

                     (b)  the offence:

                              (i)  is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

                             (ii)  involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979 .

[authorisations]

(9)     Schedule 2, item 41, page 32 (line 32) to page 33 (line 5), omit paragraph 180B(3)(b), substitute:

                     (b)  the authorised officer is satisfied that the disclosure is reasonably necessary for the investigation of an offence against the law of a foreign country that:

                              (i)  is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

                             (ii)  involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979 ; and

                     (c) the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.

[authorisations]

(10)   Schedule 2, item 41, page 33 (lines 24 to 27), omit paragraph 180B(6)(a), substitute:

                     (a)  reasonably necessary for the investigation of an offence against the law of a foreign country that:

                              (i)  is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

                             (ii)  involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979 ; and

[authorisations]

(11)   Schedule 2, item 41, page 34 (lines 3 to 6), omit paragraph 180B(8)(a), substitute:

                     (a)  reasonably necessary for the investigation of an offence against the law of a foreign country that:

                              (i)  is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or

                             (ii)  involves an act or omission that, if it had occurred in Australia, would have constituted a serious offence within the meaning of section 5D of the Telecommunications (Interception and Access) Act 1979 ; and

[authorisations]

(12)   Schedule 2, item 41, page 36 (lines 7 and 8), omit all the words after “regard”, substitute “to whether any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable, having regard to the following matters:

                     (a)  the likely relevance and usefulness of the information or documents;

                     (b)  the reason why the disclosure or use concerned is proposed to be authorised.

[disclosures to foreign countries]

(13)   Schedule 2, item 50, page 37 (after line 21), after paragraph 186(1)(ca), insert:

                   (cb)  if the enforcement agency is the Australian Federal Police, and information or documents were disclosed, under an authorisation referred to in paragraph (ca), by an authorised officer of the Australian Federal Police during that year to one or more foreign countries:

                              (i)  the name of each such country; and

                             (ii)  the number of disclosures under such authorisations; and

            [disclosures to foreign countries]

(14)   Schedule 2, page 37 (before line 22), before item 51, insert:

50A  Subsection 186(2)

After “subsection (1)”, insert “, other than the information referred to in paragraph (1)(cb)”.

[disclosures to foreign countries]

(15)   Schedule 5, item 2, page 47 (lines 9 to 11), to be opposed .

[application of amendments]

(16)   Schedule 5, page 47 (after line 18), at the end of the Schedule, add:

4  Application of amendments made by items 1 and 3

(1)       The amendment made by item 1 of this Schedule applies to acts or things done on or after the day this Schedule commences.

(2)       The amendment made by item 3 of this Schedule applies in relation to an authorisation made on or after the day this Schedule commences.

[application of amendments]