3933 - Statutory review of Part 14 of the Telecommunications Act 1997 Cth

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Telephone +61 2 6246 3788 Fax +61 2 6248 0639 Email [email protected] GPO Box 1989, Canberra ACT 2601, DX 5719 Canberra 19 Torrens St Braddon ACT 2612 Law Council of Australia Limited ABN 85 005 260 622 www.lawcouncil.asn.au Statutory review of Part 14 of the Telecommunications Act 1997 (Cth) Parliamentary Joint Committee on Intelligence and Security 3 December 2020
Review of Part 14 of the Telecommunications Act 1997 (Cth) Page 2 Table of Contents About the Law Council of Australia ............................................................................... 3 Acknowledgement .......................................................................................................... 4 Executive Summary ........................................................................................................ 5 Interaction of the TSSR with the expanded SCI regime ............................................... 6 Potential duplication, conflict and overlap of regulation ................................................. 6 Increased regulatory burden .......................................................................................... 6 Incompatibilities between TSSR and expanded SCI regime .......................................... 7 Other Law Council concerns about the expanded SCI regime (see Attachment 1) ........ 8 Adoption of the definition of 'security' in the ASIO Act ............................................... 8 Threshold for furnishing ASAs in relation to the TSSR .............................................. 10 Recommendations from the data retention review ..................................................... 12 Application of the Regulator Performance Framework ............................................... 13 Powers of delegation and authorisation ...................................................................... 15 The Communications Access Co - Ordinator .................................................................. 15 Secretary's power to delegate information - gathering powers ....................................... 17 Absence of permitted disclosures for oversight purposes ........................................ 18 Further statutory review and oversight of the TSSR ................................................... 19
Review of Part 14 of the Telecommunications Act 1997 (Cth) Page 3 About the Law Council of Australia The Law Council of Australia exists to represent the legal profession at the national level, to speak on behalf of its Constituent Bodies on national issues, and to promote the administration of justice, access to justice and general improvement of the law. The Law Council advises governments, courts and federal agencies on ways in which the law and the justice system can be improved for the benefit of the community. The Law Council also represents the Australian legal profession overseas, and maintains close relationships with legal professional bodies throughout the world. The Law Council was established in 1933, and represents 16 Australian State and Territory law societies and bar associations and the Law Firms Australia, which are known collectively as the Council's Constituent Bodies. The Law Council's Constituent Bodies are: Australian Capital Territory Bar Association Australian Capital Territory Law Society Bar Association of Queensland Inc Law Institute of Victoria Law Society of New South Wales Law Society of South Australia Law Society of Tasmania Law Society Northern Territory Law Society of Western Australia New South Wales Bar Association Northern Territory Bar Association Queensland Law Society South Australian Bar Association Tasmanian Bar Law Firms Australia The Victorian Bar Inc Western Australian Bar Association Through this representation, the Law Council effectively acts on behalf of more than 60,000 lawyers across Australia. The Law Council is governed by a board of 23 Directors - one from each of the constituent bodies and six elected Executive members. The Directors meet quarterly to set objectives, policy and priorities for the Law Council. Between the meetings of Directors, policies and governance responsibility for the Law Council is exercised by the elected Executive members, led by the President who normally serves a 12 month term. The Council's six Executive members are nominated and elected by the board of Directors. Members of the 2020 Executive as at 1 January 2020 are: Ms Pauline Wright, President Dr Jacoba Brasch QC, President-elect Mr Tass Liveris, Treasurer Mr Ross Drinnan, Executive Member Mr Greg McIntyre SC, Executive Member Ms Caroline Counsel, Executive Member The Secretariat serves the Law Council nationally and is based in Canberra.
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