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Telecommunications (Interception) Amendment (Stored Communications) Bill 2004
Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

   

1  Subsection 6E(1)

Omit “subsection (2)”, substitute “subsections (2) and (3)”.

2  At the end of section 6E

Add:

             (3)  A reference in this Act to lawfully obtained information does not include a reference to information obtained by intercepting a stored communication (within the meaning of subsection 7(3A)), so long as the interception happens during the 12-month period beginning at the commencement of this subsection.

3  After paragraph 7(2)(ac)

Insert:

                    (ad)  the interception of a stored communication, so long as the interception happens during the 12-month period beginning at the commencement of this paragraph;

4  After subsection 7(3)

Insert:

          (3A)  In paragraph (2)(ad), a stored communication is a communication that is stored on equipment or any other thing, but does not include:

                     (a)  a voice over Internet protocol (VOIP) communication; or

                     (b)  any other communication;

stored on a highly transitory basis as an integral function of the technology used in its transmission.

Note:          Momentary buffering (including momentary storage in a router in order to resolve a path for further transmission) is an example of storage on a highly transitory basis.