edited
14th Mar 2019
Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 - Second Reading - Refer to Committee
Not passed by a modest majority
No rebellions 53% attendance
14th Feb 2019, 11:35 AM – Senate Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 - in Committee - Definitions
Summary
EditThe majority voted in favour of amendment (1) on sheet 8642, which was introduced by NSW Senate Jenny McAllister (ALP).
What does this amendment do?
Senator McAllister said that the amendment related to the definitions of 'systemic weakness' and 'systemic vulnerability' and explained that:
... stakeholders were concerned that the protection in the bill which prohibits an agency from forcing a provider to implement any kind of systemic weakness or systemic vulnerability is inadequate because those terms are not defined.
The government sought to address that in their amendments to their own bill in December last year, but the government's amendments have been condemned as difficult to understand, ambiguous and significantly too narrow. ...
The amendments before us now would repeal the systemic weakness definitions that were introduced by the government and give clear legislative effect to the advice provided publicly by the Director-General of ASIO. Our amendments are supported by the main industry groups ...
The critical paragraph on sheet 8642 is to amend 317ZG(4) to include this phrase:
(4) The reference in paragraph (1)(a) to implement or build a systemic weakness, or a systemic vulnerability, includes a reference to any act or thing that would or may create a material risk that otherwise secure information would or may in the future be collected, accessed, used, manipulated, disclosed or otherwise compromised by an unauthorised third party.
These changes seek to protect the information of innocent people ...
What does this bill do?
The bill was introduced to:
speed up the mandated review of the operation, effectiveness and implications of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 by requiring that it take place before the end of the 18 month period beginning on the day the Act received Royal Assent; and
extend the definition of 'interception agency' to include the Australian Commission for Law Enforcement Integrity, the Independent Commission Against Corruption of New South Wales, the New South Wales Crime Commission, the Law Enforcement Conduct Commission of New South Wales, the Independent Broad-based Anti-corruption Commission of Victoria, the Crime and Corruption Commission of Queensland, the Independent Commissioner Against Corruption (SA) and the Corruption and Crime Commission (WA).
Votes Passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Cory Bernardi SA Australian Conservatives | Absent | |
| Australian Greens (100% turnout) | 9 Yes – 0 No | |
| Richard Di Natale Victoria | Yes | |
| Mehreen Faruqi NSW | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Nick McKim Tasmania | Yes | |
| Janet Rice Victoria | Yes | |
| Rachel Siewert WA | Yes | |
| Jordon Steele-John WA | Yes | |
| Larissa Waters Queensland | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Australian Labor Party (84% turnout) | 21 Yes – 0 No | |
| Catryna Bilyk Tasmania | Yes | |
| Doug Cameron NSW | Yes | |
| Kim Carr Victoria | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Jacinta Collins Victoria | Yes | |
| Alex Gallacher SA | Yes | |
| Kristina Keneally NSW | Yes | |
| Chris Ketter Queensland | Yes | |
| Gavin Marshall Victoria | Yes | |
| Jenny McAllister NSW | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Claire Moore Queensland | Yes | |
| Deborah O'Neill NSW | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Lisa Singh Tasmania | Yes | |
| David Smith ACT | Yes | |
| Glenn Sterle WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Penny Wong SA | Yes | |
| Carol Brown Tasmania | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Centre Alliance (100% turnout) | 2 Yes – 0 No | |
| Stirling Griff SA | Yes | |
| Rex Patrick SA | Yes | |
| Nigel Scullion NT Country Liberal Party | No | |
| Derryn Hinch Victoria Derryn Hinch's Justice Party | Yes | |
| Sue Lines WA Deputy President | Yes | |
| Tim Storer SA Independent | Yes | |
| Steve Martin Tasmania Independent | No | |
| Fraser Anning Queensland Independent | Absent | |
| David Leyonhjelm NSW Liberal Democratic Party | Yes | |
| Liberal National Party (100% turnout) | 0 Yes – 2 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | No | |
| Liberal Party (91% turnout) | 0 Yes – 20 No | |
| Simon Birmingham SA | No | |
| Michaelia Cash WA | No | |
| Richard Colbeck Tasmania | No | |
| Mathias Cormann WA | No | |
| Jonathon Duniam Tasmania | No | |
| David Fawcett SA | No | |
| Concetta Fierravanti-Wells NSW | No | |
| Mitch Fifield Victoria | No | |
| Lucy Gichuhi SA | No | |
| Jane Hume Victoria | No | |
| Ian Macdonald Queensland | No | |
| Jim Molan NSW | No | |
| James Paterson Victoria | No | |
| Marise Payne NSW | No | |
| Linda Reynolds WA | No | |
| Anne Ruston SA | No | |
| Zed Seselja ACT | No | |
| Arthur Sinodinos NSW | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| Eric Abetz Tasmania | Absent | |
| Slade Brockman WA | Absent | |
| National Party (67% turnout) | 0 Yes – 2 No | |
| Bridget McKenzie Victoria | No | |
| Barry O'Sullivan Queensland | No | |
| John Williams NSW | Absent | |
| Pauline Hanson's One Nation Party (50% turnout) | 1 Yes – 0 No | |
| Peter Georgiou WA | Yes | |
| Pauline Hanson Queensland | Absent | |
| Scott Ryan Victoria President | No | |
| Brian Burston NSW United Australia Party | No | |
| Totals (87% turnout) | 37 Yes – 28 No |
Turnout is the percentage of members eligible to vote that did vote.