2004

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004

No.      , 2004

(Attorney-General)

A Bill for an Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

 

Contents

 

A Bill for an Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

The Parliament of Australia enacts:

1  Short title

This Act may be cited as the Telecommunications (Interception) Amendment (Stored Communications) Act 2004.

2  Commencement

This Act commences on the day after it receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

 

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004       No.      , 2004      

       Telecommunications (Interception) Amendment (Stored Communications) Bill 2004       No.      , 2004

            Telecommunications (Interception) Amendment (Stored Communications) Bill 2004       No.      , 2004

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004       No.      , 2004           

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004       No.      , 2004      

 

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