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This is a Bill, not an Act. For current law, see the Acts databases.


COMMUNICATIONS LEGISLATION AMENDMENT (CRIME OR TERRORISM RELATED INTERNET CONTENT) BILL 2007

2004-2005-2006-2007

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Bill 2007

No.      , 2007

(Communications, Information Technology and the Arts)

A Bill for an Act to amend the law relating to communications, and for related purposes

 

Contents

 

A Bill for an Act to amend the law relating to communications, and for related purposes

The Parliament of Australia enacts:

1  Short title

This Act may be cited as the Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Act 2007.

2  Commencement

(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.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

Schedule 1--Internet content

Broadcasting Services Act 1992

1  Clause 2 of Schedule 5

After:

•  If the ACMA is satisfied that Internet content hosted outside Australia is prohibited content or potential prohibited content, the ACMA must:

(a) if the ACMA considers that the content is of a sufficiently serious nature to warrant referral to a law enforcement agency--notify the content to an Australian police force; and

(b) notify the content to Internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard (for example, procedures for the filtering, by technical means, of such content).

insert:

•  If the AFP Commissioner has reason to believe that Internet content is crime or terrorism related content, the ACMA must notify the content to Internet service providers so that the providers can deal with the content in accordance with procedures specified in an industry code or industry standard (for example, procedures for the filtering, by technical means, of such content).

2  Clause 3 of Schedule 5

Insert:

AFP Commissioner means the Commissioner of the Australian Federal Police.

3  Clause 3 of Schedule 5

Insert:

crime or terrorism related content has the meaning given by clause 5A.

4  Clause 3 of Schedule 5 (definition of standard access-prevention notice)

After "40(1)(c)", insert "or (1B)(b)".

5  After clause 5 of Schedule 5

Insert:

5A  Crime or terrorism related content

(1) For the purposes of this Schedule, crime or terrorism related content is Internet content that satisfies the following conditions:

(a) the Internet content is accessed, or available for access, from:

(i) an Internet site; or

(ii) a distinct part of an Internet site;

(b) any of the following subparagraphs applies:

(i) the Internet content (when considered in isolation or in conjunction with any other Internet content that is accessed, or available for access, from that Internet site or that part of the Internet site) encourages, incites or induces the commission of a Commonwealth offence;

(ii) the purpose, or one of the purposes, of the Internet content (when considered in isolation or in conjunction with any other Internet content that is accessed, or available for access, from that Internet site or that part of the Internet site) is to facilitate the commission of a Commonwealth offence;

(iii) the Internet content (when considered in isolation or in conjunction with any other Internet content that is accessed, or available for access, from that Internet site or that part of the Internet site) has, or is likely to have, the effect of facilitating the commission of a Commonwealth offence.

(2) For the purposes of subclause (1), it is immaterial whether the Internet content is hosted in or outside Australia.

(3) For the purposes of subclause (1), it is immaterial whether the Internet content is prohibited content or potential prohibited content.

(4) For the purposes of subclause (1), a Commonwealth offence is an offence against a law of the Commonwealth.

(5) For the purposes of subclause (4), it is to be assumed that section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to each offence against a law of the Commonwealth.

6  Division 4 of Part 4 of Schedule 5 (heading)

Repeal the heading, substitute:

Division 4--Action to be taken in relation to certain Internet content

7  After subclause 40(1) of Schedule 5

Insert:

Crime or terrorism related content

(1A) The AFP Commissioner may give the ACMA a written notice stating that he or she has reason to believe that Internet content is crime or terrorism related content.

(1B) If the AFP Commissioner gives the ACMA a notice under subclause (1A) in relation to Internet content, the ACMA must:

(a) if a code registered, or standard determined, under Part 5 of this Schedule deals with the matters referred to in subclause 60(2)--notify the content to Internet service providers under the designated notification scheme set out in the code or standard, as the case may be; or

(b) if paragraph (a) does not apply--give each Internet service provider known to the ACMA a written notice (a standard access-prevention notice) directing the provider to take all reasonable steps to prevent end-users from accessing the content.

Note: The ACMA may be taken to have given a notice under paragraph (b)--see clause 51.

Note 1: The heading to clause 40 of Schedule 5 is altered by omitting "a complaint about prohibited content hosted outside Australia" and substituting "certain Internet content".

Note 2: The following heading to subclause 40(1) of Schedule 5 is inserted "Overseas-hosted prohibited content etc.".

8  Subclause 40(2) of Schedule 5

Omit "paragraph (1)(c)", substitute "paragraphs (1)(c) and (1B)(b)".

Note: The following heading to subclause 40(2) of Schedule 5 is inserted "Reasonable steps".

9  At the end of clause 40 of Schedule 5

Add:

ACMA not required to duplicate action that has already been taken

(11) Despite subclause (1), the ACMA is not required to take action under that subclause in relation to Internet content if the ACMA has already taken action under subclause (1B) in relation to that Internet content.

(12) Despite subclause (1B), the ACMA is not required to take action under that subclause in relation to Internet content if the ACMA has already taken action under subclause (1) in relation to that Internet content.

10  After clause 43 of Schedule 5

Insert:

43A  Withdrawal of notification of crime or terrorism related content

(1) If:

(a) Internet content has been notified to Internet service providers as mentioned in paragraph 40(1B)(a) of this Schedule; and

(b) the AFP Commissioner gives the ACMA a written notice stating that he or she does not have reason to believe that the Internet content is crime or terrorism related content;

the notification of the Internet content is taken to have been withdrawn.

(2) If:

(a) Internet content has been notified to Internet service providers as mentioned in paragraph 40(1B)(a) of this Schedule; and

(b) the AFP Commissioner informs the ACMA, in writing, that he or she considers that it is appropriate to withdraw the notification of the Internet content;

the notification of the Internet content is taken to have been withdrawn.

(3) If:

(a) a notification of Internet content is withdrawn under subclause (1) or (2); and

(b) a code registered, or standard determined, under Part 5 of this Schedule deals with the matters referred to in subclause 60(2);

the ACMA must notify the withdrawal to Internet service providers under the designated notification scheme set out in the code or standard, as the case may be.

11  After paragraph 44(1)(b) of Schedule 5

Insert:

(ba) the standard access-prevention notice was given under paragraph 40(1)(c) of this Schedule; and

12  After paragraph 45(1)(c) of Schedule 5

Insert:

(ca) the standard access-prevention notice was given under paragraph 40(1)(c) of this Schedule; and

13 After clause 45 of Schedule 5

Insert:

45A  Revocation of standard access-prevention notice--crime or terrorism related content

(1) If:

(a) a standard access-prevention notice relating to the Internet content is applicable to a particular Internet service provider; and

(b) the standard access-prevention notice was given under paragraph 40(1B)(b) of this Schedule; and

(c) the AFP Commissioner informs the ACMA, in writing, that he or she does not have reason to believe that the Internet content is crime or terrorism related content;

the ACMA is taken to have revoked the standard access-prevention notice.

(2) If:

(a) a standard access-prevention notice relating to the Internet content is applicable to a particular Internet service provider; and

(b) the standard access-prevention notice was given under paragraph 40(1B)(b) of this Schedule; and

(c) the AFP Commissioner informs the ACMA, in writing, that he or she considers that it is appropriate to revoke the standard access-prevention notice;

the ACMA is taken to have revoked the standard access-prevention notice.

(3) If a standard access-prevention notice is revoked under subclause (1) or (2), the ACMA must give the Internet service provider concerned a written notice stating that the standard access-prevention notice has been revoked.

Note: The ACMA may be taken to have given a notice under subclause (3)--see clause 51.

14  After paragraph 47(1)(a) of Schedule 5

Insert:

(aa) the standard access-prevention notice was given under paragraph 40(1)(c) of this Schedule; and

15  After subparagraph 51(1)(b)(i) of Schedule 5

Insert:

(ia) given each Internet service provider a standard access-prevention notice under paragraph 40(1B)(b) of this Schedule;

16  Subparagraph 51(1)(b)(ii) of Schedule 5

Omit "or 45", substitute ", 45 or 45A".

17  Subparagraph 51(1)(b)(ii) of Schedule 5

Omit "or 45(2)", substitute ", 45(2) or 45A(3)".

18  After subclause 51(3) of Schedule 5

Insert:

(3A) Paragraph 40(1B)(b) of this Schedule has effect, in relation to a scheme under subclause (1), as if the reference in that paragraph to each Internet service provider known to the ACMA were a reference to each Internet service provider.

19  At the end of Division 4 of Part 4 of Schedule 5

Add:

51A  Guidelines relating to the powers of the AFP Commissioner to notify crime or terrorism related content

(1) In exercising a power conferred on the AFP Commissioner by subclause 40(1A), the AFP Commissioner must have regard to any relevant guidelines in force under subclause (2).

(2) The Attorney-General may, by legislative instrument, formulate guidelines for the purposes of subclause (1).

(3) The AFP Commissioner must not exercise a power conferred by subclause 40(1A) unless guidelines are in force under subclause (2) of this clause.

51B  Delegation by the AFP Commissioner

(1) The AFP Commissioner may, in writing, delegate to:

(a) a Deputy Commissioner (within the meaning of the Australian Federal Police Act 1979); or

(b) a senior executive AFP employee (within the meaning of that Act);

all or any of the powers of the AFP Commissioner under this Division.

(2) In exercising powers under a delegation, the delegate must comply with any directions of the AFP Commissioner.

20  Subclauses 60(2), (3), (7) and (8) of Schedule 5

After "40(1)(b)", insert "or (1B)(a)".

21  At the end of subclause 62(1) of Schedule 5

Add:

; and (k) in a case where:

(i) the code relates to the Internet service provider section of the Internet industry; and

(ii) the code deals with a matter set out in subclause 60(2); and

(iii) the copy of the code was given to the ACMA before the commencement of the amendment of subclause 60(2) made by the Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Act 2007;

the code will, after that commencement, be consistent with subclause 60(2) as amended by that Act.

22  Transitional--industry codes and industry standards

(1) This item applies to:

(a) an industry code registered under Part 5 of Schedule 5 to the Broadcasting Services Act 1992; or

(b) an industry standard under that Part;

if:

(c) the code or standard was in force immediately before the commencement of this item; and

(d) the code or standard, as in force immediately after the commencement of this item, does not comply with clause 60 to Schedule 5 to the Broadcasting Services Act 1992 as amended by this Schedule.

(2) The amendments of clause 60 of Schedule 5 to the Broadcasting Services Act 1992 made by this Schedule do not affect the continuity of the code or standard.

(3) However, the Parliament intends that the ACMA should, within 90 days after the commencement of this item, take action under Schedule 5 to the Broadcasting Services Act 1992 directed towards ensuring compliance with clause 60 of that Schedule as amended by this Schedule.

Communications Legislation Amendment (Crime or Terrorism Related Internet Content) Bill 2007       No.      , 2007      


 


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