Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 24/08/2017

Australia

Reservations contained in the instrument of accession deposited on 30 November 2012 – Or. Engl.– Or. fr.

In accordance with Article 42 and Article 14, paragraph 3.a, of the Convention, Australia reserves the right to apply the measures referred to in Article 20 (Real-time collection of traffic data) only to offences that are punishable by imprisonment for at least 3 years and any other ‘serious offences’ as defined under domestic law governing the collection and recording of traffic data in real time and the interception of content data. Under Australian law, domestic agencies may only gain access to traffic data collected and recorded in real time in relation to offences that are punishable by imprisonment for at least 3 years and other ‘serious offences’. Domestic agencies may only gain access to intercepted content data in relation to ‘serious offences’.
Period covered: 01/03/2013 -
Articles concerned : 14

Reservations contained in the instrument of accession deposited on 30 November 2012 – Or. Engl.– Or. fr.

In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.b-d, to offences established in accordance with Article 7 (Computer-related forgery), Article 8 (Computer-related fraud) and Article 9 (Offences related to child pornography). The Parliament of the Commonwealth of Australia does not enjoy a plenary power to make laws establishing offences for computer-related forgery, computer-related fraud or offences related to child pornography. The Parliament of the Commonwealth of Australia has established offences for computer-related forgery, computer-related fraud and offences related to child pornography, committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia, where the offending conduct involves some subject matter with respect to which it has legislative power. In addition to those offences, the Australian States and Territories have also established offences in accordance with Articles 7, 8 and 9 when commited on their territory.

In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia further reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraphs 1.b-d, to offences established in accordance with Article 10 (Offences related to infringements of copyright and related rights). Autralian law does not presently provide jurisdiction over acts constituting infringements of copyright and related rights committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia.
Period covered: 01/03/2013 -
Articles concerned : 22


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