71.58 In Discussion Paper 72, Review of Australian Privacy Law (DP 72), the ALRC noted that AAPT had submitted that it is sometimes difficult to understand the requirements of Part 13 of the Telecommunications Act, and that this creates additional confusion in an area already complicated by the proliferation of legislation and regulation. The ALRC proposed that Part 13 of the Telecommunications Act should be redrafted to achieve greater logical consistency, simplicity and clarity.
71.59 A number of stakeholders supported the proposal. Communications Alliance submitted that Part 13 of the Telecommunications Act should be redrafted as part of an overall review of telecommunications sector legislation. The Australian Privacy Foundation supported a redraft of Part 13 provided that it was not used as an excuse for not proceeding with some urgently needed amendments.
71.60 In the ALRC’s view, Part 13 should be redrafted to achieve greater logical consistency, simplicity and clarity. As discussed in Chapter 72, the scope of a number of the provisions is unclear—particularly the exceptions to the use and disclosure offences. Part 13 does not follow a logical structure. For example, the exceptions to the use and disclosure offences are separated by the provisions relating to Integrated Public Number Database (IPND) authorisations. Finally, the provisions relating to the relationship between Part 13 and the Privacy Act should be located earlier in the Part.
Recommendation 71-1 Part 13 of the Telecommunications Act 1997 (Cth) should be redrafted to achieve greater logical consistency, simplicity and clarity.
 AAPT Ltd, Submission PR 87, 15 January 2007.
Australian Law Reform Commission, Review of Australian Privacy Law, DP 72 (2007), Proposal 63–14.
Optus, Submission PR 532, 21 December 2007; Australian Communications and Media Authority, Submission PR 522, 21 December 2007; Australian Government Department of Broadband‚ Communications and the Digital Economy, Submission PR 512, 21 December 2007; Office of the Privacy Commissioner, Submission PR 499, 20 December 2007; Australian Government Department of Defence, Submission PR 440, 10 December 2007; I Graham, Submission PR 427, 9 December 2007.
Communications Alliance Ltd, Submission PR 439, 10 December 2007.
Australian Privacy Foundation, Submission PR 553, 2 January 2008.