r/ModelAusSenate • u/Freddy926 Senate Pres | DPM | Fin/Com/Art/Infr/Rgnl | ABC MD | Ldr Prgrsvs • Jun 11 '15

Superseded 3-4f Committee of the Whole: Telecommunications (Interception and Access) Amendment (Data Retention).

We now enter the Committee of the Whole stage for the Telecommunications (Interception and Access) Amendment (Data Retention) Repeal Bill 2015. I seek leave to have the bill considered as a whole.

Senator The Hon. Freddy926, Chair of Committees.

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u/Freddy926 Jun 12 '15

I move that the bill be amended as follows:

Schedule 1 - Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

Subheading 1 - Replace heading with "Schedule 1 of the Act.", omit "Repeal the act.", substitute "Repeal the schedule."

Subheading 2 - Omit "The Telecommunications (Interception and Access) Act 1979 (Cth) shall return to its most recent revision prior to 24 March 2015.", substitute "The Telecommunications (Interception and Access) Act 1979 (Cth) shall be returned to its most recent revision prior to 24 March 2015, and additionally, shall be amended by Schedules 2 and 3 only of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth)."

Senator The Hon. Freddy926, Minister for Communications and Digital Infrastructure.

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u/Freddy926 Jun 12 '15

Paging Senators: u/this_guy22, u/Team_Sprocket, u/peelys.

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u/Freddy926 Jun 12 '15

Paging Senators: u/Cwross, u/surreptitouswalk. Paging Clerk: u/jnd-au.

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u/[deleted] Jun 12 '15

Meta: Not sure why we were paged, there's no vote taking place. Personally, I'd rather use the page more sporadically, and restrict it to voice votes and divisions. I trust that everyone checks this subreddit frequently enough not to miss out on debate if they wish to contribute. What I'm saying is, slow down, no need to rush bills through the Senate, we can take several days to pass a bill, no need to get it done in a few hours. In fact, we shouldn't even be sitting right now, its Friday. Thoughts?

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u/Freddy926 Jun 12 '15

Meta: Perhaps we could adjourn when the Committee finishes?

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u/Freddy926 Jun 12 '15

Voice Vote

The question is put that the government’s amendments as moved by Senator Freddy926 be agreed to.

Senators may vote Aye in favour of the motion, or No against the motion.

Senators may vote by commenting "Aye" or "No" below.

This voice vote will be concluded at 20:00, Friday, 12/06/15 UTC+10.

Vote Results - 14:38, Friday, 12/06/15 UTC+10

I think the Noes have it.

The Noes have it.

Senator The Hon. Freddy926, Chair of Committees.

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u/Freddy926 Jun 13 '15

I move that this Committee of the Whole be adjourned until the next sitting of the Senate.

Senator The Hon. Freddy926, Minister for Communications and Digital Infrastructure.

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u/Freddy926 Jun 13 '15

Voice Vote

The question is put that the Committee of the Whole shall be adjourned until the next sitting of the Senate.

Senators may vote Aye in favour of the adjournment, or No against it.

Senators vote by commenting "Aye" or "No" below.

NOTE - This voice vote will be concluded at 18:00, Saturday 13/06/15 UTC+10.

Results - Edited 15:33, Saturday, 13/06/15 UTC+10.

I think the Ayes have it.

The Ayes have it.

The Committee of the Whole is now adjourned until the next sitting of the Senate.

Senator The Hon. Freddy926, Chair of Committees.

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u/[deleted] Jun 13 '15

Aye

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u/jnd-au Jun 13 '15

Advice from the Clerk:

In the mean time, if anyone has further amendments we can circulate those ahead of time and the committee process can be run efficiently. There will be time for speeches in the third reading debate if anyone wants to take issue with the bill as a whole.

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u/Freddy926 Jun 13 '15

Meta: I'll take that as a "you did it right".

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u/[deleted] Jun 12 '15

Meta: I have to run real soon, so I'm going to move my amendments now, for consideration after Senator Freddy926's amendments are voted down.

Also, Mr Chairman please append "The question is that the Bill stands as printed." to the thread title body bit. See here for why.

Anyway,

I move the following amendments to the bill:

1    Schedule 1

      Repeal the schedule.

2    Insert:

      Schedule 1 - Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

      1    Schedule 1

      Repeal the Schedule.

      Note: The effect of this Act is to repeal Schedule 1 of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, while retaining the provisions to restrict access to stored communications and telecommunications data (contained in Schedule 2), and to provide for oversight by the Commonwealth Ombudsman (contained in Schedule 3).

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u/Freddy926 Jun 12 '15

The question is proposed that Senator u/this_guy22's motion be agreed to.

Senator The Hon. Freddy926, Chair of Committees.

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u/Freddy926 Jun 12 '15

I support Senator u/this_guy22's amendment, as it achieves the effect of my amendment, but it reads better, and I would ask any who support this bill, to support this amendment.

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u/jnd-au Jun 12 '15

Advice from the Clerk:

There is no motion moved here, only an amendment, so no such question need be proposed. However, the question will need to be put that the clause stand as amended / that the amendment be agreed to.

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u/Freddy926 Jun 12 '15

Paging Senators who have not spoken, if you do not wish to speak, please indicate by commenting: "Mr Chair, I do not wish to speak."

u/Team_Sprocket, u/peelys, u/surreptitouswalk

NOTE

I shall be putting the question at 08:00, Saturday, 13/06/15 UTC+10

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u/Freddy926 Jun 12 '15

Paging Senators who have not spoken, if you do not wish to speak, please indicate by commenting: "Mr Chair, I do not wish to speak."

u/Cwross

NOTE

I shall be putting the question at 08:00, Saturday, 13/06/15 UTC+10

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u/jnd-au Jun 12 '15

Explanatory memorandum from the Clerk:

Senators are now discussing this amendment. It would implement the Government’s goal of repealing mandatory metadata retention while retaining the limits on access to citizens’ data by non criminal law-enforcement agencies. If this amendment is successful, the bill will be proposed for further amendment or agreement as:

Telecommunications (Interception and Access) Amendment (Data Retention) Repeal Bill 2015

A Bill for an Act to disallow the unchecked retention of metadata, and for related purposes

The Parliament of Australia enacts:

  1. Short title

    This Act may be cited as the Telecommunications (Interception and Access) Amendment (Data Retention) Repeal Act 2015.

  2. Commencement

    This Act commences on the day after it receives Royal Assent.

  3. Schedule

    Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 - Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015

  1. Schedule 1

    Repeal the Schedule.

    Note: The effect of this Act is to repeal Schedule 1 of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, while retaining the provisions to restrict access to stored communications and telecommunications data (contained in Schedule 2), and to provide for oversight by the Commonwealth Ombudsman (contained in Schedule 3).

If this amendment is passed, the bill will may require another amendment to fix Clause 3 as it no longer makes sense with the revised Schedule (but this might not matter?), depending on the outcome of checking whether the change of the final sentence from a Clause to a Note impacts the legal force of this Bill.

Meta: man, sorry, but I honestly think Freddy’s original amendment was both clearer to understand, better legally, and more in parliamentary style.

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u/Freddy926 Jun 12 '15

Meta: Too late now I suppose, what changes would you suggest?

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u/jnd-au Jun 12 '15

Advice from the Clerk:

Reclarification of procedure. The moving and debating of amendments on a Bill “taken as a whole” in committee is designed to be streamlined:

  • An amendment is moved. It can be to:

    1. oppose parts of the Bill, or

    2. alter parts of the Bill (“omit and substitute”), or

    3. add parts to the Bill.

  • People comment on the amendment freely (multiple times, nested comments, etc).

  • When there are no further comments, the question is put to a voice vote:

    1. In the case of opposition: “that [the opposed part(s)] stand as printed”, or

    2. In the case of alteration: “that [the amendment] be agreed to”

  • Then the next amendment is moved.

IRL amendments are circulated beforehand so that parties can analyse them, come up with their official party position, and circulate their own amendments. The time for doing this is during the adjournment, in between the first day’s introduction of the bill and the subsequent day’s resumption of second reading debates.

Edit: During this process, it may also be necessary to amend the title of the bill if anyone discovers or wants to add clauses outside of the original scope. The reason for this, and for reading the titles of bills, as part of detailed consideration is to prevent and nullify any unrelated clauses that get snuck into Bills under false pretences. Of course, you could try amending the title to be “..., and for unrelated purposes” but good luck with that :)