Senator LUDWIG (Queensland—Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery) (14:50): I thank Senator Xenophon for his continued interest in Australian Signals Directorate. All communication interception activities by government agencies are conducted in strict accordance with Australian law. In Australia the privacy of communications is protected by the telecommunications interception and access regime—it is referred to as the interception act. I think it is worthwhile repeating that—many in this chamber would have been on many committees that have firsthand knowledge of this, including Senator Xenophon—the interception act prohibits the listening to, copying or recording of a communication as it passes over an Australian telecommunications system. Communications in Australia can only be intercepted under a warrant. Agencies such as the police must obtain and independently issue warrants for the investigation of serious offences. ASIO, itself, has to obtain the authorisation of the Attorney-General for its warrants on matters pertaining to national security. Senator Xenophon: Mr President, I rise on a point of order on relevance. The question was very clear: has the Australian Signals Directorate or another intelligence agency sought to have access to the NBN in order to facilitate surveillance? Senator Wong: On the point of order, Mr President: Senator Ludwig is outlining the framework which applies under the law to any surveillance activity. What I would suggest is that that is entirely relevant to a question that is all about whether or not any such activity may or may not have been undertaken. The PRESIDENT: I believe that the minister is answering the question. Senator LUDWIG: What I was doing was providing the answer, which is in this framework: as a matter of principle and of longstanding practice, may I say, the government does not comment on intelligence matters. However, having said that, I can say that communications interception activities carried out by government agencies are conducted, as I said, in strict accordance with Australian law. I can also say that we do have a very strong legal framework, particularly to protect Australian citizens, around this area. Intelligence Services Act 2001 agencies, such as the Australian Signals Directorate and the Australian geospatial intelligence organisation, are required by law to obtain specific authorisation. (Time expired)