Legislative Council: Friday, July 20, 2012

Contents

TELECOMMUNICATIONS (INTERCEPTION) BILL

Committee Stage

In committee.

(Continued from 28 June 2012.)

Clauses 3 and 4 passed.

Clause 5.

The Hon. S.G. WADE: I move:

Page 4, line 24 [clause 5(2)]—Delete 'may' and substitute 'must'

I spoke about this in the second reading stage and I understand that the government is agreeable to it. If that is true, I will not speak to it.

The Hon. G.E. GAGO: Neither will I except to say the government supports this amendment.

Amendment carried; clause as amended passed.

Clause 6.

The Hon. S.G. WADE: Considering this is the last stage of the committee stage, I would just like to clarify where to from here because there was a report on 29 June 2012, and I quote:

The Gillard Government has acted promptly to pass telecommunications interception legislation to support the Victorian and South Australian Governments establish their anti-corruption agencies.

The Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012, which passed the Senate on the 18th of June, amends the Telecommunications (Interception and Access) Act 1979...to pave the way for the new Victorian and South Australian bodies to be able to intercept communications and to use intercepted information.

I was surprised to see that because I understood that the commonwealth parliament was waiting for the state parliaments to finish their job but, be that as it may, I understand that this bill needs to be considered by the commonwealth government. Could the minister clarify in these final stages of the bill what will be the next step with this legislation? I appreciate it needs to go back to the house, but I meant, as it is finalised, what more do we need to do to have the ICAC being able to access these powers?

The Hon. G.E. GAGO: I have been advised that the next step, other than the process through parliament, is that the Premier would write to the commonwealth to request that SA be declared as an eligible authority under the commonwealth act, and then the commonwealth would declare us as such. However, the commonwealth would be unable to do that until the ICAC bill was also completed.

Clause passed.

Remaining clause (7), schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (16:55): I move:

That this bill be now read a third time.

Bill read a third time and passed.