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The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Cybercrime Legislation Amendment Bill 2011
No. , 2011
(Attorney-General)
A Bill for an Act to implement the Council of Europe Convention on Cybercrime, and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 2
Schedule 1—Preservation regime for stored communications 4
Telecommunications Act 1997 4
Telecommunications (Interception and Access) Act 1979 4
Schedule 2—Amendments relating to Mutual Assistance 22
Part 1—Stored communications 22
Mutual Assistance in Criminal Matters Act 1987 22
Telecommunications (Interception and Access) Act 1979 23
Part 2—Telecommunications data 28
Mutual Assistance in Criminal Matters Act 1987 28
Telecommunications Act 1997 29
Telecommunications (Interception and Access) Act 1979 29
Part 3—Recovery of costs by carriage service providers etc. for providing assistance to Australian law enforcement authorities 39
Telecommunications Act 1997 39
Schedule 3—Computer offences amendments 40
Criminal Code Act 1995 40
Schedule 4—Telecommunications data confidentiality 42
Telecommunications (Interception and Access) Act 1979 42
Schedule 5—Miscellaneous 47
Telecommunications (Interception and Access) Act 1979 47
A Bill for an Act to implement the Council of Europe Convention on Cybercrime, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Cybercrime Legislation Amendment Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Schedules 1 and 2 |
The 28th day after this Act receives the Royal Assent. |
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3. Schedule 3 |
The later of: (a) the day this Act receives the Royal Assent; and (b) the day the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001, comes into force for Australia. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur within the period of 6 months beginning on the day this Act receives the Royal Assent. The Minister must announce by notice in the Gazette the day the Council of Europe Convention on Cybercrime comes into force for Australia. |
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4. Schedules 4 and 5 |
The 28th day after this Act receives the Royal Assent. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.