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24 June 2013
© Commonwealth of Australia 2013 ISBN 978-1-74366-083-6 (Printed version) ISBN 978-1-74366-084-3 (HTML version)
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ForewordMembership of the CommitteeCommittee SecretariatTerms of referenceList of abbreviations List of recommendations Glossary
Background to the inquiryConduct of the inquiryStructure of the reportChapter TwoChapter ThreeChapter FourChapter FiveAppendices
Strengthening the safeguards and privacy protectionsThe legislation’s privacy protection objective The proportionality tests for issuing warrantsMandatory record-keeping standardsOversight arrangements by the Commonwealth and State OmbudsmenReforming the lawful access regime for agenciesReducing the number of agencies eligible to access communications informationStandardise warrant tests and thresholdsExpanding the basis of interception activitiesStreamlining and reducing complexitySimplifying the information sharing provisions that allow agencies to cooperateRemoving legislative duplicationA single warrant with multiple telecommunications interception powersModernising the cost sharing frameworkAlign industry interception assistance with industry regulatory policyClarify ACMA’s regulatory and enforcement roleRequirements for industry interception obligationsClarify that the interception regime includes ancillary service providersIndustry participation modelAn offence for failure to assist in the decryption of communicationsInstitute industry response timelinesRevision of the interception regime
Issues raised in evidenceInformation sharing and compliance auditingRemediation powers and a penalty regimeOther considerationsCommittee comment
Proposals the Government wishes to progressASIO Act warrant proposalsASIO Act employment provisionsIntelligence Services Act – Clarifying the authority of the Defence Imagery and Geospatial Organisation Matters the Government is consideringCreation of an authorised intelligence operations schemeNamed person warrantsSurveillance devices – use of optical devicesPerson searchesAuthorisation lists for warrantsClarifying ASIO’s ability to co-operate with private sectorIdentifying ASIO officersMatters on which the Government expressly seeks the Committee’s views – ASIO Act amendmentsIncidental entry onto premisesUse of forceEvidentiary certificatesMatters on which the Government expressly seeks the Committee’s views – Intelligence Services Act amendmentsSection 9 – Ministerial authorisationsSection 13A – Co-operation with intelligence agenciesASIS co-operation on self-defence and weapons training Concluding comment
IntroductionThe current regimeThe international experienceResponses to data retentionPrivacy and civil libertiesSecurityFeasibility and efficacyCostCommittee comment
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