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Cybercrime Legislation Amendment Bill 2011


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Facilitates Australia’s accession to the Council of Europe Convention on Cybercrime by amending the: Telecommunications Act 1997 and Telecommunications (Interception and Access) Act 1979 to require carriers and carriage service providers to preserve stored communications when requested by certain domestic agencies or when requested by the Australian Federal Police on behalf of certain foreign countries; Mutual Assistance in Criminal Matters Act 1987 and Telecommunications (Interception and Access) Act 1979 to: ensure that a foreign country can secure access to stored computer data, including preserved data; and allow a stored communication warrant to be obtained for foreign law enforcement purposes; Mutual Assistance in Criminal Matters Act 1987, Telecommunications Act 1997 and Telecommunications (Interception and Access) Act 1979 to: enable existing telecommunications data to be provided to a foreign law enforcement agency on a police to police basis; and enable the collection of prospective telecommunications data for foreign law enforcement purposes in certain circumstances; Telecommunications Act 1997 to provide that carriers and carriage service providers can recover costs incurred when assisting foreign law enforcement agencies; Criminal Code Act 1995 to provide that computer offences are consistent with the convention; and Telecommunications (Interception and Access) Act 1979 to: create confidentiality requirements in relation to authorisations to disclose telecommunications data; and expand offence provisions.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 22/06/11  
Second reading moved 22/06/11  
Second reading debate 23/08/11  
Second reading debate 24/08/11  
Second reading agreed to 24/08/11  
Third reading agreed to 24/08/11  
     
Senate
Introduced and read a first time 24/08/11  
Second reading moved 24/08/11  
Second reading debate 21/08/12  
Second reading debate 22/08/12  
Second reading agreed to 22/08/12  
Committee of the Whole debate 22/08/12 Amendment details: 16 Government agreed to
Third reading agreed to 22/08/12  
     
House of Representatives
Consideration of Senate message 22/08/12 Details: House agreed to Senate amendments
     
Assent 12/09/12 Act no.: 120 - Year: 2012
     

Text of bill

  • First reading

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum

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Second reading speeches


Proposed amendments

Senate
  • Australian Greens [sheet 7232]
LUDLAM, Sen Scott

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  • Australian Greens [sheet 7143]
LUDLAM, Sen Scott

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  • Government [sheet BL210]

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Schedules of amendments

  • Schedule of the amendments made by the Senate

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Bills Digest



Notes
  • Referred to Committee (23/06/2011): Joint Select Committee on Cyber-Safety; Committee report (18/08/2011)
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)