The Australian Government will soon release an exposure
draft for the proposed reforms of Australia's electronic
surveillance regime. The proposed reforms are intended to harmonise
existing laws to provide a unified governance framework, cater for
technological changes and expand the range of government agencies
which may exercise electronic surveillance powers.
The electronic surveillance powers of government agencies are
spread across four separate acts
(Acts),1 which are subject to
inconsistent thresholds and requirements. Some of the current laws,
which were drafted based on technological assumptions and
definitions dating back to the 1970s, are struggling to keep up
with rapid technological advancements. The Government released a
discussion paper in December 2021 highlighting these items, and
is expected to issue an exposure draft of the proposed electronic
surveillance legislation for public comment in late 2022.
