Telecommunications (Interception) Amendment (Stored Communications) Bill 2004
First Reading

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004
First Reading

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2002-2003-2004

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

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

1       Short title 1

2       Commencement 1

3       Schedule(s) 1

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

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        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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