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Law Council of Australia


Telecommunications Legislation Amendment (International Production Orders) Bill 2020

The submission to the Parliamentary Joint Committee on Intelligence and Security (the Committee) review of the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 (the Bill) was prepared by the Law Council. 

The Law Council acknowledges concerns about the timeliness and efficiency of the mutual legal assistance regime, in the context of investigating serious crime in the digital environment. The Law Council supports measures to equip relevant agencies to conduct their investigations in this environment, provided that those measures are accompanied by commensurate safeguards and are proportionate to the threat.

The Law Council has a number of specific concerns about the adequacy of safeguards in nearly all aspects of the proposed regime. These concerns arise principally from the design of the proposed scheme as a minimal framework, with an apparent intention for many critical details, including safeguards, to be governed by the terms of individual executive agreements. The Law Council is also concerned about some broader implications arising from the establishment of the International Production Orders (IPO) regime, without addressing persistent problems in the existing framework governing domestic interception and access activities.

You can read the full submission below.


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