Recommendations
Recommendation 1
The
committee recommends that proposed paragraph 473.1(k) of the Bill be amended to identify more clearly which agencies may be included for
the purposes of the definition of 'law enforcement officer' in the Criminal Code Act 1995.
Recommendation 2
The
committee recommends that the Bill be amended to
provide that any declaration of an 'emergency services facility' under proposed
subsection 7(3AB) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Recommendation 3
Further
to Recommendation 2, the committee recommends that the Bill be amended to
authorise any declaration of an 'emergency services facility' under proposed
subsection 7(3AB) not to include details of the specific location of an
'emergency services facility', but at the same time contain adequate
information to allow appropriate scrutiny by Parliament (such as the name of
the service and the region in which it is located, if possible).
Recommendation 4
The
committee recommends that the Bill be amended to
require emergency services telecommunications interceptions 'to occur lawfully
in the course of a person's duties'.
Recommendation 5
The
committee recommends that the Bill be amended to require that the
Attorney-General Department's annual report prepared under Division 2 of Part
IX of the Telecommunications
(Interception) Act 1979 include a summary of telecommunications
interception inspections conducted in the relevant year, together with a
summary of any deficiencies identified and any remedial action taken (including
with respect to emergency services telecommunications interceptions).
Recommendation 6
Subject
to the preceding recommendations, the committee recommends that the Senate pass
the Bill.
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