Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Telecommunications (Interception and Access) Amendment Bill 2009 - Network Protection

Closing date for submissions is 7 August 2009.

The Australian Government has approved the release of exposure draft legislation to facilitate public consultation on proposed reforms to the Telecommunications (Interception and Access) Act 1979 (the TIA Act) intended to improve the capacity of owners and operators of computer networks to undertake activities to protect their networks.

Computer networks require testing, monitoring and maintenance to ensure they are not vulnerable to known or predicted security risks and are able to repel or survive an attack. They also require monitoring and maintenance to ensure they operate in an efficient manner, are free of misconfigurations, and that network traffic can travel at optimal speeds. 

However, some routine network protection activities may inadvertently contravene the TIA Act. Although a number of government agencies are protected by an exemption under the TIA Act, this exemption is only effective until 12 December 2009. This limited timeframe was designed to enable these agencies to undertake network protection activities while a broader solution, applicable to the general community, was developed. 

A proposal has been developed by the Attorney-General’s Department in consultation with key stakeholders and is set out in draft legislation which shows how the proposal could be accommodated in the TIA Act. Feedback obtained through this consultation process will inform the development of amendments to the TIA Act to be introduced into Parliament.

How do I comment?

Comments are sought by 7 August 2009 in order to allow legislation to be introduced and debated in Parliament prior to 12 December 2009.

Comments can be emailed to the Attorney-General’s Department at tslb@ag.gov.au or mailed to:

Telecommunications and Surveillance Law Branch
National Security Law and Policy Division
Attorney-General's Department
3-5 National Circuit
Barton ACT 2600

If you have any queries please contact the Telecommunications & Surveillance Law Branch on telephone: (02) 6141 3468.