[AusNOG] Fwd: PJCIS: REVIEW OF THE AMENDMENTS MADE BY THE TELECOMMUNICATIONS AND OTHER LEGISLATION AMENDMENT (ASSISTANCE AND ACCESS) ACT 2018, INVITATION TO MAKE A SUBMISSION

[Paul Brooks]

And now for some new ammunition for the PJCIS - they've just opened the review of the
Data Retention program.

Submissions are due 1st July so we can put in a thoughtful submissions - note this
will probably survive the election period and continue on the other side, so worth
considering carefully no matter who has the hotseats later.

With a few years of practical experience under our belts, there must be some
suggestions and lessons-learnt that you'd like to see changed - this is the forum for
making that happen, as much as anything.

A reminder, Internet Australia has the ISP-SIG mailing list we used earlier to
coordinate responses and workshops through the first iteration of Data Retention. Not
to detract from AusNOG discussion of course, but ISP-SIG is deliberately just ISPs and
no media, which enabled us to have more traction with the Department and bureaucrats
for material that wasn't ready for the wider public. If you want to be added to that
list, please email me.

Regards,

Paul.



-------- Forwarded Message --------
Subject: 	PJCIS: REVIEW OF THE AMENDMENTS MADE BY THE TELECOMMUNICATIONS AND OTHER
LEGISLATION AMENDMENT (ASSISTANCE AND ACCESS) ACT 2018, INVITATION TO MAKE A SUBMISSION
Date: 	Fri, 5 Apr 2019 02:57:27 +0000
From: 	Committee, PJCIS (REPS) <pjcis at aph.gov.au>



*PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY*
 
*Review of the amendments made by the Telecommunications and Other Legislation
Amendment (Assistance and Access) Act 2018*
*INVITATION TO MAKE A SUBMISSION*
 
The Parliamentary Joint Committee on Intelligence and Security has commenced a review
of the amendments made to Commonwealth legislation by the /Telecommunications and
Other Legislation Amendment (Assistance and Access) Act 2018./
<https://www.legislation.gov.au/Details/C2018A00148>On behalf of the Committee I am
writing to invite you to make a submission to the Committee’s review.
The /Telecommunications and Other Legislation Amendment (Assistance and Access) Act
2018/ (commonly known as the Assistance and Access Act) amended a range of
Commonwealth legislation to empower law enforcement and national security agencies to
request, or compel, assistance from telecommunications providers. It also established
powers which enable law enforcement and intelligence agencies to obtain warrants to
access data and devices, and amended the search warrant framework under the Crimes Act
and the Customs Act to expand the ability of criminal law enforcement agencies to
collect evidence from electronic devices.
Section 187N of the /Telecommunications (Interception and Access) Act 1979  /provides
for the review and requires the Committee to report by 13 April 2020.Terms of
reference are available _here_
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/AmendmentsTOLAAct2018/Terms_of_Reference>.
The Committee has resolved to focus on the following aspects of the legislation:

  * the threshold, scope and proportionality of powers provided for by the Act;
  * authorisation processes and decision-making criteria;
  * the scope of enforcement provisions and the grant of immunities;
  * interaction with intelligence agencies other powers;
  * interaction with foreign laws, including the United States’ /Clarifying Lawful
    Overseas Use of Data Act/;
  * impact on industry and competitiveness; and
  * reporting obligations and oversight measures.      

 
*/Previous and concurrent reviews of Act/*
This review will build on the findings of a review currently being conducted by the
Independent National Security Legislation Monitor and two previous Committee reviews.
On 26 March 2019 the Committee requested that the Independent National Security
Legislation Monitor commence a review of operation, effectiveness and implementation
of amendments made by the /Telecommunications and Other Legislation Amendment
(Assistance and Access) Act 2018 /focussed on the whether the Act:

  * contains appropriate safeguards for protecting the rights of individuals;
  * remains proportionate to any threat of terrorism or threat to national security,
    or both; and
  * remains necessary.

The Independent National Security Legislation Monitor is due to report by 1 March
2020, to enable any findings to inform the Committee’s review. Additional information
about the review is available on the _Independent National Security Legislation
Monitor website_ <https://www.inslm.gov.au/current-review-work>. 
The Parliamentary Joint Committee on Intelligence and Security tabled an /Advisory
Report on the Telecommunications and Other Legislation Amendment (Assistance and
Access) Bill 2018 /
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/TelcoAmendmentBill2018/Report_1>on
5 December 2018 and a report on a/ //_Review of the Telecommunications and Other
Legislation Amendment (Assistance and Access) Act 2018_/
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/ReviewofTOLAAct/Report>/ /on
3 April 2019. 
*/Making a submission/*
The Committee invites written submissions addressing any or all of the areas of focus
for the Committee’s inquiry. Submissions should clearly identify which areas of focus
are being addressed.
Prospective submitters are advised that any submission to the Committee’s inquiry must
be prepared solely for the inquiry and should not be published prior to being accepted
by the Committee. Documents do not attract parliamentary privilege until they are
accepted by the Committee. Documents submitted during the election period will be held
by the Secretariat and provided to the Committee as established in the 46th Parliament.
Submissions are requested by *1 July 2019*. Further information about making a
submission to a parliamentary committee inquiry is available _here_
<https://www.aph.gov.au/Parliamentary_Business/Committees/House/Making_a_submission>. 
 
Regards
 
Robert
 
*Robert Little**|***/Inquiry Secretary/
*Parliamentary Joint Committee on Intelligence and Security*
*Department of the House of Representatives*
PO Box 6021| Parliament House| Canberra ACT 2600
Ph. (02) 6277 4589| _www.aph.gov.au/pjcis_ <http://www.aph.gov.au/pjcis> 
*Facebook:*@AusHouseofRepresentatives
<http://www.facebook.com/aushouseofrepresentatives> | *Twitter:***@AboutTheHouse
<twitter.com/aboutthehouse>
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