Philip Ruddock (Berowra, Liberal Party, Attorney-General) Share this | Hansard source

The intent here is to have a full review. If you look at page 62 of the ASIO Legislation Amendment Bill 2006, it is repealing a paragraph which speaks of a review by January of the operational effectiveness and the implications of division 3 of part III of the Australian Security Intelligence Organisation Act.

This is not just another vote in the parliament within which the provisions continue. This is about a sunset clause and a review. We have just been through a review, and I know what impact it had on the organisation and its officers. I know the amount of time that had to be spent, and I know the focus that goes into a review and into justifying the continuation of those particular powers and answering all the questions.

If it were just a matter of coming in for a parliamentary vote where the government’s numbers were going to do it and you were going to have a debate, that would be one thing. That is what a sunset clause is about. This is not just about a sunset clause—it is about a sunset clause with a review. That is what it is about.

If you want to impede operational effectiveness, then you take the key people out of your organisation and put them to the task of writing reports and submissions, and then having to submit to examination, monitor what everybody else says and look at how you are going to reply to that. And you must ask yourself the question: does that help with your principal task—that of identifying people of concern—when you have very stretched numbers of people undertaking that work? I can speak truthfully on this, because I have sat down with the people involved and I know what is involved in preparing for these committee examinations, and I know it impedes operational effectiveness. That is why we chose a longer period—because we do not believe this risk is going to abate in three years or in five years, and nor does anybody else. The government rejects the amendment proposed by the opposition.

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