Division Description Changes — Bills — Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022; Second Reading — 28th Nov 2022

Change	Division
senate vote 2022-11-28#3 Edited by mackay staff on 2022-12-02 09:45:05	Title Bills — Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022; Second Reading Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 - Second Reading - Additions to the bill Description ~~<p class="speaker">James Paterson</p>~~ <p>I move the second reading amendment on sheet 1765, circulated in my name:</p> The majority voted in favour of a [second reading amendment](https://www.openaustralia.org.au/senate/?gid=2022-11-28.23.1) introduced by Victorian Senator [James Paterson](https://theyvoteforyou.org.au/people/senate/victoria/james_paterson) (Liberal), which means it passed. ### What are second reading amendments? Second reading amendments like these don't make legal changes themselves, but instead represent the will of the Senate. They add words to the usual second reading motion, which is "that the bill be [read a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)", which is parliamentary jargon for agreeing with the main idea of the bill. ### Motion text > At the end of the motion, add ", but the Senate calls on the Government: > > (a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act; > > (b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack; > > (c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and > > (d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021". <p class="italic">At the end of the motion, add ", but the Senate calls on the Government:</p> ~~<p class="italic">(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;</p>~~ <p class="italic">(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;</p> <p class="italic">(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and</p> <p class="italic">(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>The question is that the second reading amendment, as moved by Senator Paterson, be agreed to.</p>~~ ~~<p></p>~~ ~~<p></p>~~

~~James Paterson~~
I move the second reading amendment on sheet 1765, circulated in my name:
The majority voted in favour of a [second reading amendment](https://www.openaustralia.org.au/senate/?gid=2022-11-28.23.1) introduced by Victorian Senator [James Paterson](https://theyvoteforyou.org.au/people/senate/victoria/james_paterson) (Liberal), which means it passed.
### What are second reading amendments?
Second reading amendments like these don't make legal changes themselves, but instead represent the will of the Senate. They add words to the usual second reading motion, which is "*that the bill be [read a second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/)*", which is parliamentary jargon for agreeing with the main idea of the bill.
### Motion text
> *At the end of the motion, add ", but the Senate calls on the Government:*
>
> *(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;*
>
> *(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;*
>
> *(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and*
>
> *(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".*
At the end of the motion, add ", but the Senate calls on the Government:
~~(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;~~
(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;
(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and
(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".
~~Sue Lines~~
~~The question is that the second reading amendment, as moved by Senator Paterson, be agreed to.~~
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