Barker Rick: Telecommunications (Interception Capability) Bill — First Reading 
Barker Rick: Telecommunications (Interception Capability) Bill — First Reading 
[Volume:606;Page:3526] 
Hon RICK BARKER (Associate Minister of Justice) 
: 
 I move  
That the Telecommunications (Interception Capability) Bill be now read a first time. 
 It is my intention to move that the bill be referred to the Law and Order Committee. This bill is necessary to ensure that law enforcement and national security capability are not seriously eroded by changes in technology. This bill places a legislative obligation on telecommunications network operators to be technically able to intercept telecommunications going over that network when authorised by a warrant or other lawful authority. This bill also creates a legislative “duty to assist” on all telecommunications network operators and service providers. That means they must provide reasonable assistance to the police the Government Communications Security Bureau and the Security Intelligence Service in intercepting telecommunications within their technical capability and on a cost-recovery basis. This bill does not change or extend in any way the existing powers of the police the Government Communications Security Bureau or the Security Intelligence Service to intercept telecommunications. If the relevant agency has lawful authority to intercept a telecommunication technological barriers should not prevent them from doing so.  
This bill is complementary to the Crimes Amendment Bill (No 6) which is currently awaiting its second reading before this House. Currently authority for interception can be obtained only in respect of oral communications. The Crimes Amendment Bill (No 6) extends that authority to cover other forms of communication such as text messages emails and faxes. This bill is complementary as it will require network operators to ensure that their systems are capable of intercepting those forms of telecommunications.  
This legislation is not unique. The United States the Netherlands Germany the United Kingdom and Australia all have comparable legislation. The network operator has interception capability if the agency with lawful authority is able to do the following: identify and intercept telecommunications as authorised obtain relevant information about calls intercept unobtrusively while protecting the privacy of other communications obtain information in a usable format and undertake any of the four activities above in an efficient and effective manner.  
There may be a concern that the privacy of individuals who are not the intended targets of the authorised interception will be breached. To address those concerns a number of privacy protections have been placed in the bill. First any interception will only be able to be made in accordance with a lawful authorisation and with the technical assistance of an authorised individual officer or employee of the company. Second the interception capability requirements specifically refer to privacy. They include the ability to exclude telecommunications not authorised to be intercepted. Third the bill includes an express duty on those carrying out interceptions to minimise the likelihood of intercepting telecommunications that are not authorised to be intercepted. Fourth the network operator will not be required to decrypt any telecommunication encrypted by a customer unless that network operator provided the encryption facility. I can report that extensive work has been undertaken with the Privacy Commissioner in the development of this legislation.  
The Government will pay for the provision of interception capability for existing fixed and mobile voice networks to be implemented within 18 months from the date of the legislation being enacted. Network operators will meet the cost of upgrading their networks to provide for the interception of Internet and email services with a 5-year implementation period from the date the legislation is enacted. New companies and new services introduced by existing companies will need to be interception-capable within 18 months of the legislation passing. This phased implementation process is in order to provide the industry with the opportunity to implement the necessary technical change in a way that is cost-efficient recognising that some equipment will need replacing in that time anyway. It is easier and cheaper to install interception capability at the time of design and implementation of new networks rather than upgrading existing networks.  
Enforcement of this legislation will be done by way of a compliance order from the High Court. A civil enforcement regime will be established by the bill with contravention of the compliance order potentially resulting in a fine of up to $500000 and a daily penalty of $50000.  
One of the stated purposes of the legislation is to ensure that the requirement to provide interception capability does not create barriers for the introduction of new or innovative telecommunications technology. To ensure that the Minister of Communications will be able to grant exemptions from the requirements. Such an exemption may be granted in a special circumstance and will be subject to such conditions as the Minister thinks fit after consultation with other specified Ministers. Such an exemption might be obtained for example to enable industry participants to trial new technology for specified periods. I commend this bill to the House.