Senator ROBERTS (Queensland) (17:46): by leave—Senator Hanson and I would also like to have our opposition recorded. The PRESIDENT: Certainly. I will now deal with the amendments circulated by Senator David Pocock. The question is that the amendments on sheets 2471, 2472, and 2473 be agreed to. Senator David Pocock's circulated amendments— _____ SHEET 2471 (1) Clause 48, page 48 (line 26), omit "paragraph 49(3)(a) or". (2) Clause 49, page 50 (lines 4 to 12), omit paragraphs (3)(a) and (b), substitute: (a) the information is disclosed with the express consent of the individual to whom the biometric information relates or purports to relate; and (b) the disclosure is for the purpose of verifying the identity of the individual. (3) Clause 49, page 50 (lines 16 and 17), omit "(other than a warrant of a kind mentioned in paragraph (3)(a))". (4) Clause 54, page 55 (line 27) to page 56 (line 24), omit subclause (1), substitute: (1) An accredited entity must not use or disclose personal information of an individual that is in the entity's possession or control for the purposes of enforcement related activities conducted by, or on behalf of, an enforcement body unless: (a) the personal information is not biometric information of the individual; and (b) the information is disclosed with the express consent of the individual to whom the personal information relates, or purports to relate, and the disclosure is for the purpose of verifying the identity of the individual. Civil penalty: 1,500 penalty units. (5) Clause 54, page 56 (line 31), omit "subparagraphs (1)(b)(i) to (vi)", substitute "paragraph (1)(b)". _____ SHEET 2472 (1) Clause 9, page 13 (after line 21), after the definition of security, insert: serious offence means an offence: (a) that is an offence against a law of the Commonwealth, a State or a Territory; and (b) that is punishable by imprisonment for 2 years or more. (2) Clause 49, page 50 (lines 4 to 12), omit paragraphs (3)(a) and (b), substitute: (a) in the case that the Minister determines, under subsection 162(5), that this paragraph has effect—the disclosure of the information is required or authorised by or under a warrant issued under a law of the Commonwealth, a State or a Territory and the warrant is issued in respect of a serious offence; or (b) the information is disclosed with the express consent of the individual to whom the biometric information relates, or purports to relate, and the disclosure is for the purpose of verifying the identity of the individual. (3) Clause 54, page 55 (line 27) to page 56 (line 24), omit subclause (1), substitute: (1) An accredited entity must not use or disclose personal information of an individual that is in the entity's possession or control for the purposes of enforcement related activities conducted by, or on behalf of, an enforcement body unless: (a) the personal information is not biometric information of the individual; and (b) any of the following apply: (i) if the Minister determines, under subsection 162(5), that this subparagraph has effect—the disclosure of the information is required or authorised by or under a warrant issued under a law of the Commonwealth, a State or a Territory and the warrant is issued in respect of a serious offence; (ii) if the Minister determines, under subsection 162(5), that this subparagraph has effect—the information is used or disclosed for the purposes of reporting a suspected or actual digital ID fraud incident or suspected or actual cyber security incident; (iii) the information is disclosed with the express consent of the individual to whom the personal information relates, or purports to relate, and the disclosure is for the purpose of verifying the identity of the individual. Civil penalty: 1,500 penalty units. (4) Clause 54, page 56 (line 31), omit "subparagraphs (1)(b)(i) to (vi)", substitute "subparagraph (1)(b)(i), (ii) or (iii)". (5) Clause 162, page 158 (lines 27 and 28), omit subclause (3), substitute: (3) The persons who undertake the review must: (a) consider, as part of the review, the merits of the following provisions having effect: (i) paragraph 49(3)(a); (ii) subparagraph 54(1)(b)(i); (iii) subparagraph 54(1)(b)(ii); and (b) give the Minister a written report of the review. (6) Clause 162, page 159 (after line 3), at the end of the clause, add: (5) The Minister may, by legislative instrument, determine that a provision mentioned in subparagraph (3)(a)(i), (ii) or (iii) has effect if the Minister is satisfied, after considering the written report, that it is appropriate in the circumstances for the provision to have effect. _____ SHEET 2473 (1) Clause 9, page 13 (after line 21), after the definition of security, insert: serious offence means an offence: (a) that is an offence against a law of the Commonwealth, a State or a Territory; and (b) that is punishable by imprisonment for 2 years or more. (2) Clause 49, page 50 (lines 4 to 12), omit paragraphs (3)(a) and (b), substitute: (a) the disclosure of the information is required or authorised by or under a warrant issued under a law of the Commonwealth, a State or a Territory and the warrant is issued in respect of a serious offence; or (b) the information is disclosed with the express consent of the individual to whom the biometric information relates, or purports to relate, and the disclosure is for the purpose of verifying the identity of the individual. (3) Clause 54, page 55 (line 27) to page 56 (line 24), omit subclause (1), substitute: (1) An accredited entity must not use or disclose personal information of an individual that is in the entity's possession or control for the purposes of enforcement related activities conducted by, or on behalf of, an enforcement body unless: (a) the personal information is not biometric information of the individual; and (b) any of the following apply: (i) the disclosure of the information is required or authorised by or under a warrant issued under a law of the Commonwealth, a State or a Territory and the warrant is issued in respect of a serious offence; (ii) the information is used or disclosed for the purposes of reporting a suspected or actual digital ID fraud incident or suspected or actual cyber security incident; (iii) the information is disclosed with the express consent of the individual to whom the personal information relates, or purports to relate, and the disclosure is for the purpose of verifying the identity of the individual. Civil penalty: 1,500 penalty units. (4) Clause 54, page 56 (line 31), omit "subparagraphs (1)(b)(i) to (vi)", substitute "subparagraph (1)(b)(i), (ii) or (iii)". A division having been called and the bells being rung— The PRESIDENT: Senator Pocock? Senator David Pocock: I'm happy just to note on this one. I don't— The PRESIDENT: Cancel the division? An honourable senator: She gave it to the ayes. Senator David Pocock: Right. Okay.