Federal Register of Legislation - Australian Government

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Act No. 148 of 2004 as made
An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes
Administered by: Home Affairs
Originating Bill: Telecommunications (Interception) Amendment (Stored Communications) Bill 2004
Date of Assent 14 Dec 2004
Table of contents.

 

 

 

 

 

 

Telecommunications (Interception) Amendment (Stored Communications) Act 2004

 

No. 148, 2004

 

 

 

 

 

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Telecommunications (Interception) Act 1979       3

 


 

 

Telecommunications (Interception) Amendment (Stored Communications) Act 2004

No. 148, 2004

 

 

 

An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes

[Assented to 14 December 2004]

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment 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.


 

 [Minister’s second reading speech made in—

Senate on 17 November 2004

House of Representatives on 8 December 2004]

(206/04)