Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I thank the member for Melbourne for the question. In relation to what he has asked, I understand his concerns—and I understand he is really foreshadowing amendments that he will be moving later in this debate. The concern we have about the amendment, and in answer to his question, is that it would impose an arbitrary and artificial impediment on the intelligence agencies doing their work. What he proposes would be entirely unworkable in light of the advances in online communications. In the majority of cases, it is very unlikely that the agency would know in advance what was required for a specific warrant being issued or which parts of the computer network would contain data relevant to a security matter in respect of the warrant issued.

With the variety and the number of devices currently in use, as well as the increasing use of computer networks and remote storage, it is highly probable that data could be stored on multiple devices. In exercising its functions, including its powers under a computer access search warrant, ASIO is of course required to comply with the Attorney-General's guidelines, and these require ASIO to use as little intrusion into individual privacy as possible. This means that use of warrants for obtaining information must be proportionate to the gravity of the threat that is posed and the probability of its occurrence. In line with the recommendation from the parliamentary joint committee that I have discussed extensively already this morning, the government issued a replacement explanatory memorandum to this bill which explains the concept of a security matter in relation to section 25A and its limiting effect on the ability to issue warrants and authorise activities under them. The Attorney-General can also include appropriate conditions and restrictions in that warrant, which could include a limitation on the number of devices that could be accessed where appropriate.

Limiting computer access warrants in the way that the Greens propose, and in relation to the question that he has asked, does have the potential to produce an absurd result for ASIO and it would create a significant loss of ASIO's capability to do its job, which contradicts the position taken by the bipartisan committee report. There is a need to enhance the system in line with recent developments in computer technology and its usage.

I appreciate the concerns that have been raised by the member for Melbourne. If the government were to accept his point of view and accept the amendment, we would be creating an unworkable situation for the very agencies that we are trying to assist with the passage of this legislation.

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