FED Police and Lawyers Can Use Network Warrant Data in Court; New Permission to Access Stored Messages; Rules for International Data Orders

Telecommunications and Other Legislation Amendment Bill 2025

House of Representatives

Senate

Assent

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Introduced by: The Hon Tony Burke MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Law enforcement and prosecutors can use protected network activity warrant information to decide whether to start or continue a prosecution, including for offences under the laws governing surveillance devices.
Legal representatives can use and record protected network activity warrant information to represent their clients and meet disclosure duties in court.
Defendants in criminal proceedings can use protected network activity warrant information as evidence to ensure a fair trial; prosecutors are banned from using this information to secure a conviction unless the defendant first chooses to use it in their defence, in which case the prosecution can use it in response.
People with a section 31A authorisation can access stored communications if the authorisation would have allowed interception while the message was being sent.
The Attorney-General can authorise security authorities to access and collect stored communications (even after they have stopped passing over a telecommunications system) for the purpose of developing and testing interception technologies.
Officers granting authority for controlled operations only need to be satisfied about direct and foreseeable consequences of unlawful conduct, and can grant authority for operations involving material depicting or describing sexual offences (e.g., to infiltrate online child abuse syndicates).
Undercover operatives are not immune from criminal liability and are not covered by insurance if their actions are likely to cause death, serious injury, or involve committing a sexual offence.
Phone companies and telcos can comply with international production orders to intercept communications by providing copies of stored communications, which are then legally treated as intercepted communications.
When deciding whether to issue an international production order, a judge or a member of the Administrative Review Tribunal must consider the impact of an agency 'accessing' information, regardless of how that information is captured or stored.
Australian law enforcement and national security agencies can only obtain international production orders for prospective content from countries with a designated agreement if the offence carries a maximum penalty of 7 years or more.
International production orders issued to US phone companies and telcos must target specific accounts to reduce the collection of data from people not involved in the crime.

The Debate

What different members said when this bill was debated:

Tony Burke ALP

“I move: That this bill be now read a second time. A dynamic and uncertain geopolitical outlook requires that Australia update its electronic surveillance and law enforcement frameworks to meet new challenges. Our government’s commitment to create a nation where everyone can be safe and feel safe must include cyber and telecommunications systems.”

Official source →

Anika Wells ALP

“I move: That this bill be now read a second time. Introduction Triple 0 is the most critical service in our telecommunications system. It is the number Australians call in their most desperate moment of need, when lives and safety are on the line. Australians should trust that when they call triple 0 someone will answer and help will come.”

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Julian Leeser LIB

“The Telecommunications and Other Legislation Amendment Bill 2025 amends the Telecommunications (Interception and Access) Act 1979, the Surveillance Devices Act 2004 and the Crimes Act 1914 to ensure key provisions operate as intended. It also makes technical amendments flowing from the government’s decision to reconstitute the Home Affairs portfolio following the federal election.”

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Claire Clutterham ALP

“I wish to begin this speech by acknowledging the outstanding work of the individual Australians who work for our security agencies.”

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Michael McCormack NAT

“Anything that can make Australia’s telecommunications even more watertight—the security thereof—has to be commended and supported, and the coalition does support the Telecommunications and Other Legislation Amendment Bill 2025. It’s important legislation. As you’ve just heard from the member for Goldstein, our national security is vital.”

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Barnaby Joyce PHON

“I concur with those remarks. I just want to add to the closing remarks of the member for Riverina that what we’ve seen is that obviously the set-up that we had in dealing with this was the correct one. It was changed by the incoming government, and it’s had to be changed back. But I want to concentrate on one thing, and that’s paedophile rings and having to track these things down.”

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Mary Aldred LIB

“I associate myself with the remarks of my colleague, the member for New England, on the insidious rise of the illegal tobacco trade at the moment. It is causing huge issues for regional Australia, particularly in my home state of Victoria, where that was brought home just this week, with the illegal ram raid on a local grocery store in Longwarry.”

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Tom Venning LIB

“I wish to contribute to the debate on the Telecommunications and Other Legislation Amendment Bill 2025. I want to focus on regional telecommunications. Of course, the electorate of Grey represents 92.4 per cent of geographic South Australia, from the Nullarbor to the Eyre Peninsula, the Yorke Peninsula, the mid-north, the far north and, of course, the outback.”

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Jess Walsh ALP

“I move: That this bill be now read a second time. I seek leave to have the second reading speech incorporated in Hansard. Leave granted. The speech read as follows— INTRODUCTION Triple Zero is the most critical service in our telecommunications system. It is the number Australians call in their most desperate moment of need, when lives and safety are on the line.”

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James McGrath LNP

“I rise today to speak on the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025. On behalf of the coalition I want to be clear from the outset that this bill was rushed through the House and is now being rushed through the Senate because of the catastrophic Optus outage in September. This was no ordinary outage.”

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Corinne Mulholland ALP

“When disaster strikes, whether it’s a flood, a fire, a crash or a heart attack, Australians know that they can dial three simple numbers, triple 0, and get help. Triple 0 is a service that has saved countless lives. But we saw, during the Optus outage, that our emergency system—one of the most trusted in the world—is not immune to system outages.”

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Sarah Hanson-Young GRN

“I rise to contribute to the debate on this bill, the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025, that has been rushed into the parliament after what has been a very deadly and significant failure of one of Australia’s largest telecommunications companies. Of course, we know that on 18 September Optus failed its customers.”

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Sarah Henderson LIB

“This year, 18 September was a shocking day for this country. A number of people died. There are still conflicting reports about whether three or four people died. They died as a result of a catastrophic failure by Optus.”

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Richard Dowling ALP

“I rise to support the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025, a bill that goes to the heart of public trust and safety. Every Australian should have the confidence that when they dial triple 0, when they reach out for help in an emergency, that call will be answered and that someone will be there at the other end.”

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Mehreen Faruqi GRN

“I rise to speak to the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025 and thank my colleague Senator Hanson-Young for all the work that she has done with and for the community after this devastating catastrophe.”

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Penny Allman-Payne GRN

“I rise today to speak to the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025. Regulating telecommunications companies is essential, and the Greens welcome the introduction of this bill. However, it has taken the government far too long to take steps to regulate the telecommunications companies.”

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David Shoebridge GRN

“Three people are dead because a private corporation was allowed to prioritise profits over safety. That’s what privatisation looks like, and we should be clear that it’s killing Australians.”

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Steph Hodgins-May GRN

“This bill, the Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025, is the bare minimum. The public deserve to know that when they dial triple 0, they will reach a system that works and that they will get help that they need. When it fails, there must be only the most serious of consequences. Frankly, this debate isn’t a new one.”

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Jonathon Duniam LIB

“I rise to make a contribution on the Telecommunications and Other Legislation Amendment Bill 2025.”

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Anthony Chisholm ALP

“I thank honourable members for their contributions to the debate on this bill. The Telecommunications and Other Legislation Amendment Bill 2025 remedies defects preventing agencies from exercising powers in the manner that parliament intended.”

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