Andrew Hastie (Canning, Liberal Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's report entitled Advisory report on the Intelligence Services Amendment Bill 2018.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—I am pleased to present the committee's report entitled Advisory Report on the Intelligence Services Amendment Bill 2018.

This bill will improve and modernise the legislative framework that governs the use of force by the Australian Secret Intelligence Service (ASIS) to address key operational challenges and issues.

The bill was introduced into the House of Representatives by the Hon. Paul Fletcher MP, Minister for Families and Social Services, on 29 November 2018.

On 29 November 2018, Senator the Hon Marise Payne, Minister for Foreign Affairs, referred the bill to the committee for inquiry and report

The bill makes two main amendments.

First it will enable the minister to specify additional persons outside Australia who may be protected by an ASIS staff member or agent.

Second, it provides that an ASIS staff member or agent performing specified activities outside Australia will be able to use reasonable and necessary force in the performance of an ASIS function.

In this report the committee notes the extensive consultation process that ASIS undertook with the IGIS in the drafting of the bill.

In judging the legitimacy, reasonableness and transparency—including appropriate oversight—of the bill the committee has had regard to the:

•   comprehensive consultation and decision-making process that must be undertaken by the minister before authorising the use of these powers,

•   guidelines surrounding the use of these powers, and

•   oversight provided by referral of these guidelines to the IGIS and this committee.

The committee notes that the oversight requirements in the bill replicate existing oversight requirements and provide an appropriate level of transparency recognising the necessary sensitivities of ASIS activities and operations.

The committee is satisfied with the provisions contained in the bill and recommends that the Intelligence Services Amendment Bill 2018 be passed.

May I commend the Director-General of ASIS, Mr Paul Symon, for his engagement with both sides of the committee—coalition and Labor members. We appreciate the time he took to explain this to us. I commend this report to the House.

See this speech in context