Telecommunications Legislation Amendment (International Production Orders) Bill 2020

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review into the effectiveness of the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 (Cth), drafted to amend the Telecommunications (Interception and Access) Act 1979 (Cth).

The Bill seeks to

•  provide a framework for Australian agencies to obtain independently-authorised international production orders for interception, stored communications and telecommunications data directly to designated communications providers in foreign countries with which Australia has a designated international agreement 
• amend the regulatory framework to allow Australian communications providers to intercept and disclose electronic information in response to an incoming order or request from a foreign country with which Australia has an agreement 
•  make amendments contingent on the commencement of the proposed Federal Circuit and Family Court of Australia Act 2020; and 
• remove the ability for nominated Administrative Appeals Tribunal members to issue certain warrants. 

The effect is to provide for the legislative framework for Australia to give effect to future bilateral and multilateral agreements for cross-border access to electronic information and communications data, such as that being negotiated with the United States for the purposes of the US Clarifying Lawful Overseas Use of Data Act (CLOUD Act).