The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today tabled its report on the Review of the Telecommunications and Other Legislation Amendment Bill 2025 (TOLA Bill), recommending that the Bill pass unamended.
The TOLA Bill amends the Telecommunications (Interception and Access) Act 1979, Surveillance Devices Act 2004 and Crimes Act 1914 to ensure key provisions operate as intended, and support the effective administration of law enforcement, national security and criminal justice processes.
The Bill consists of 5 schedules:
- Schedule 1 would permit network activity warrant information to be used, communicated and recorded to meet disclosure obligations, or to be admitted in evidence where necessary to ensure the defendant is afforded a fair trial or to respond to any such information admitted by the defence.
- Schedule 2 would transfer the statutory function of the Communications Access Coordinator from the Secretary of the Attorney-General's Department to the Secretary of the Department of Home Affairs.
- Schedule 3 would permit limited access to stored communications to allow agencies to undertake development and testing activities.
- Schedule 4 would address a technical issue with the operation of interception international production orders that has prevented orders from being given to US-based prescribed communications providers in certain circumstances.
- Schedule 5 would clarify the threshold for authorising and varying controlled operations and subsequently the circumstances in which a participant is protected from criminal responsibility and indemnified against civil liability.
The Committee recommended that the Bill pass unamended.
Chair of the Committee, Senator Raff Ciccone, said: "The Committee supports the important and proportionate amendments in this Bill. In particular the Committee notes the amendments in Schedule 1 and 5, which respectively enhance the administration of justice and law enforcement's capacity to investigate serious crime."
The full report and further information on the inquiry can be obtained from the Committee's website.
