Senate

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)

SCHEDULE 4 - TELECOMMUNICATIONS SERIOUS OFFENCES

General outline

1793. Schedule 4 amends the definition of a 'serious offence' in subsection 5D(1)(e) of Part 1.2 of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to include the offences provided for in the Bill. A 'serious offence' for the purpose of the TIA Act is one for which declared agencies can seek interception warrants.

1794. The gravity of the threat posed to Australia's national security by espionage, foreign interference and related activities demonstrates the need to take reasonable steps to detect, investigate and prosecute those suspected of engaging in such conduct. The current lack of law enforcement and intelligence powers with respect to these activities has resulted in a permissive operating environment for malicious foreign actors, which Australian agencies are unable to effectively disrupt and mitigate. Amendments to the TIA Act will ensure declared agencies have access to telecommunications interception powers to investigate the offences provided for in the Bill. Under Chapter 2 of the TIA, in determining whether to issue an interception warrant, the judge must have regard to the nature and extent of interference with the person's privacy, the gravity of the conduct constituting the offence, the extent to which information gathered under the warrant would be likely to assist an investigation, and other available methods of investigation.