Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 [2019] AUSStaCSBSD 36 (28 March 2019)

• Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019
• Broad discretionary powers
• Significant matters in delegated legislation
• Privacy (Schedule 1)152

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Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019

Purpose	This bill seeks to amend the timeframe in which the Independent National Security Legislation Monitor must review the operation of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 The bill also seeks to amend the Telecommunications Act 1997 to ensure Commonwealth and State anti-corruption bodies and Investigative Commissions may use the industry assistance measures
Portfolio	Home Affairs
Introduced	Senate on 13 February 2019

Broad discretionary powers
Significant matters in delegated legislation
Privacy (Schedule 1)^[152]

1.201 The bill seeks to make amendments to the Telecommunications Act 1997 to include additional agencies in the definition of 'interception agency' in section 317B of that Act.^[153] The Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (the 2018 bill) introduced the legislative framework by which a communications provider may be requested or required to undertake a range of actions in order to assist law enforcement, intelligence and other security agencies. The agencies included in this bill were included in the initial version of the 2018 bill but were removed following the recommendations of the Parliamentary Joint Committee on Intelligence and Security.^[154]

1.202 In Scrutiny Digest 12 of 2018 and Scrutiny Digest 14 of 2018 the committee made extensive comments about the 2018 bill.^[155] The committee noted that Schedule 1 of the 2018 bill provided broad discretionary powers to interception agencies to issue a technical assistance request, a technical assistance notice, or a technical capability notice and noted that many of the details in relation to how these powers operated could be provided for in delegated legislation. The committee also raised significant scrutiny concerns regarding the bill's enhancement of the ability of agencies to utilise information gained under existing warrant or authorisation regimes.

1.203 As this bill is expanding the list of interception agencies empowered to require assistance from telecommunications providers, the committee reiterates the scrutiny concerns it raised in relation to the 2018 bill.

1.204 The committee notes its scrutiny concerns regarding the expansion of the definition of 'interception agency'. In this regard, the committee reiterates its concerns in relation to the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018,^[156] and draws this matter to the attention of the Senate.

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[152] Schedule 2. The committee draws senators’ attention to these provisions pursuant to Senate Standing Order 24(1)(a)(i) and (ii).

[153] The additional agencies are the Australian Commission for Law Enforcement Integrity the Independent Commission Against Corruption of New South Wales, the New South Wales Crime Commission, the Law Enforcement Conduct Commission of New South Wales, the Independent Broad-based Anti-corruption Commission of Victoria, the Crime and Corruption Commission of Queensland, the Independent Commissioner Against Corruption (SA) and the Corruption and Crime Commission (WA).

[154] See Parliamentary Joint Committee on Intelligence and Security, Advisory Report on the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, p ix.

[155] See Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2018, pp. 12-49; and Scrutiny Digest 14 of 2018, pp. 23 - 82.

[156] See Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2018, pp. 12-49; and Scrutiny Digest 14 of 2018, pp. 23 - 82.