Surveillance Devices Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 5, lines 21 to 27 [clause 3(1), definition of media organisation]—Delete the definition of media organisation and substitute:

media organisation means an organisation whose activities consist of or include the collection, preparation for dissemination or dissemination of the following material for the purpose of making it available to the public:

(a) material having the character of news, current affairs, information or a documentary;

(b) material consisting of commentary or opinion on, or analysis of, news, current affairs, information or a documentary;

No. 2. Clause 3, page 6, lines 27 to 29 [clause 3(1), definition of private activity, (a)]—Delete '(but does not include an activity carried on in circumstances in which the person ought reasonably to expect that it may be observed by some other person); or' and substitute:

, but does not include—

(i) an activity carried on in a public place; or

(ii) an activity carried on or in premises or a vehicle if the activity can be readily observed from a public place; or

(iii) an activity carried on in any other circumstances in which the person ought reasonably to expect that it may be observed by some other person; or

No. 3. Clause 3, page 6, lines 32 to 35 [clause 3(1), definition of private activity, (b)]—Delete '(but does not include an activity carried on in circumstances in which all parties to the activity ought reasonably to expect that it may be observed by a person who is not a party to the activity);' and substitute:

, but does not include—

(i) an activity carried on in a public place; or

(ii) an activity carried on or in premises or a vehicle if the activity can be readily observed from a public place; or

(iii) an activity carried on in any other circumstances in which a party to the activity ought reasonably to expect that it may be observed by a person who is not a party to the activity;

No. 4. Clause 6, page 13, line 17 [clause 6(1)]—Delete 'by a party' and substitute:

to overhear, record, monitor or listen

No. 5. Clause 6, page 13, line 24 [clause 6(2)]—Delete 'by a party to the activity'

No. 6. Clause 10, page 16, line 10 [clause 10(2)(b)]—Delete '; or'

No. 7. Clause 10, page 16, lines 11 to 15 (inclusive) [clause 10(2)(c) and (d)]—Delete paragraphs (c) and (d)

No. 8. Clause 10, page 16, lines 16 to 18 [clause 10(3)]—Delete subclause (3)

At 17:55 the house adjourned until Thursday 11 February 2016 at 10:30.