(Reintroduced 2 December 2004)
First Reading
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
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 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.