2008

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

REGULATORY SERVICES LEGISLATION AMENDMENT BILL 2007

SUPPLEMENTARY
EXPLANATORY STATEMENT

Circulated with the authority of
Mr Simon Corbell MLA
Attorney General

REGULATORY SERVICES LEGISLATION AMENDMENT BILL 2007

This explanatory statement supplements the explanatory statement to the Regulatory Services Legislation Amendment Bill 2007 as introduced into the Legislative Assembly on 22 November 2007.

Overview of Bill

Amendment 1

Amendment 1 amends clause 54 of the Bill, dealing with proposed new section 70E.   The amendment ensures that the provisions dealing with seizure of goods do not apply to the seizure of a computer or data storage device if the only reason for seizure is to access data.  This amendment is the result of concerns raised by stakeholders, that an unwarranted seizure of a computer could effectively stop a business from trading.  

Outline of Provisions

Amendment 1

Clause 54
Proposed new section 70E
This clause inserts in clause 54 of the Bill a new subsection 3A in proposed new section 70E.  The new subsection provides that subsection 1 and 3 of new section 70E do not apply to the seizure of a computer or data storage device if the only reason for seizure is to access data and the data can be obtained with consent or under the powers in section 70D.