Cybercrime Legislation Amendment Act 2012
No. 120, 2012
An Act to implement the Council of Europe Convention on Cybercrime, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Preservation regime for stored communications
Telecommunications Act 1997
Telecommunications (Interception and Access) Act 1979
Schedule 2—Amendments relating to Mutual Assistance
Part 1—Stored communications
Mutual Assistance in Criminal Matters Act 1987
Telecommunications (Interception and Access) Act 1979
Part 2—Telecommunications data
Mutual Assistance in Criminal Matters Act 1987
Telecommunications Act 1997
Telecommunications (Interception and Access) Act 1979
Part 3—Recovery of costs by carriage service providers etc. for providing assistance to Australian law enforcement authorities
Telecommunications Act 1997
Schedule 3—Computer offences amendments
Criminal Code Act 1995
Schedule 4—Telecommunications data confidentiality
Telecommunications (Interception and Access) Act 1979
Schedule 5—Miscellaneous
Telecommunications (Interception and Access) Act 1979
Cybercrime Legislation Amendment Act 2012
No. 120, 2012
An Act to implement the Council of Europe Convention on Cybercrime, and for other purposes
[Assented to 12 September 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Cybercrime Legislation Amendment Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 12 September 2012 |
2. Schedules 1 and 2 | The 28th day after this Act receives the Royal Assent. | 10 October 2012 |
3. Schedule 3 | The later of: (a) the day this Act receives the Royal Assent; and (b) the day the Council of Europe Convention on Cybercrime, done at Budapest on 23 November 2001, comes into force for Australia. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur within the period of 6 months beginning on the day this Act receives the Royal Assent. The Minister must announce by notice in the Gazette the day the Council of Europe Convention on Cybercrime comes into force for Australia. | 1 March 2013 (see Gazette 2013, No. GN1) (paragraph (b) applies) |
4. Schedules 4 and 5 | The 28th day after this Act receives the Royal Assent. | 10 October 2012 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
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…
Overview
The Cybercrime Legislation Amendment Act 2012, enacted by the Parliament of Australia on 12 September 2012, aims to implement the Council of Europe Convention on Cybercrime. The Act addresses the growing need for updated and comprehensive cybercrime laws to effectively combat cybercrime in an increasingly digital world. This legislation seeks to align Australia's legal framework with international standards and practices, ensuring robust mechanisms for the preservation of stored communications, mutual assistance in criminal matters, and the handling of computer-related offences. By updating and enhancing existing legislation, the Act aims to provide law enforcement agencies with the necessary tools to investigate and prosecute cybercrime effectively, ultimately contributing to the protection of individuals and organisations from cyber threats.
Scope and Application
The Cybercrime Legislation Amendment Act 2012 is a Commonwealth Act that amends various pieces of Australian legislation to implement the Council of Europe Convention on Cybercrime and address related issues. The Act applies to entities and individuals involved in telecommunications and cybercrime, including carriers, enforcement agencies, and persons or entities whose stored communications or telecommunications data may be accessed under the amended laws. The Act's jurisdictional reach extends across the Commonwealth, and its provisions apply to conduct and transactions occurring within Australia. The Act does not explicitly state any exclusions, exemptions, or thresholds, but its application may be influenced by the specific conditions outlined in the amended Acts, such as the seriousness of the offence or the nature of the stored communications or telecommunications data. The Act extends its application through subordinate instruments, such as regulations or authorisations, which may provide further detail or specify conditions for certain provisions.
Key Provisions
- The Cybercrime Legislation Amendment Act 2012 primarily aims to implement the Council of Europe Convention on Cybercrime and make corresponding changes to existing legislation. The Act introduces several new provisions and amends existing laws to align with the requirements of the Convention. Key provisions include the introduction of preservation notices for stored communications (section 107H), the establishment of a framework for handling foreign preservation requests (section 107N), and the creation of offences related to the unauthorised disclosure or use of certain authorisations (section 181A and 181B). The Act also updates definitions and authorises the disclosure of stored communications and telecommunications data to foreign law enforcement agencies under specific conditions (sections 15B, 15D, 180A, and 180B).
- Obligations under the Act include the requirement for carriers to comply with preservation notices issued by authorised agencies, the need for enforcement agencies to keep records of preservation notices and revocation notices (section 150A), and the mandate for the Inspector-General of Intelligence and Security to inspect and report on the use of preservation notices by the Organisation (section 158A). Additionally, authorised officers of the Australian Federal Police must consider privacy implications before authorising the disclosure or use of information (section 180F) and must notify relevant parties when making or revoking authorisations (sections 180B(4) and 180B(6)).
- Breaches of the Act can result in criminal offences with penalties of imprisonment for up to two years. For instance, disclosing information about the existence or revocation of certain authorisations, or using such information or documents, is prohibited unless done for specific purposes such as enabling the Organisation to perform its functions or enforcing the criminal law (sections 181A and 181B). These offences carry a penalty of imprisonment for up to two years. The Act also imposes conditions on the disclosure of information obtained under authorisations to foreign countries, requiring that the information be used only for the purposes for which it was requested and that any documents containing the information be destroyed when no longer needed (section 180E).
- Area of Law
- Cybercrime Law
- International Law
- Criminal Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Enforcement Powers
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Repeal & Amendment
