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

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the following reports: Annual report of committee activities 2018-2019 and Review of the renunciation by conduct and cessation provisions in the Australian Citizenship Act 2007.

Reports made parliamentary papers in accordance with standing order 39(e).

by leave—Firstly, I will speak to theannual report. Each year the committee provides the Australian parliament with an annual report describing activities undertaken during the financial year in recognition of the importance of operating as transparently as possible.

The 2018-19 financial year was a very demanding one for the committee. Aside from undertaking our annual oversight of the national intelligence community, the committee reviewed several important national security bills as they passed through the Australian parliament.

This included:

These reviews provided a classified and collaborative opportunity for members from both sides of the chamber to examine draft national security legislation in a detailed manner. My colleagues and I worked cooperatively to ensure that these bills struck the right balance between protecting civil liberties and empowering intelligence and enforcement agencies to keep Australians safe. I thank members for their diligence throughout the year on what was a demanding work program.

The 2018-19 financial year also encompassed the 30th anniversary of the committee's operation. Our annual report reflects on the evolution of the committee and looks forward to possible future developments.

The committee's role and place within the national security architecture has changed considerably since the first Parliamentary Joint Committee on the Australian Security Intelligence Organisation was appointed in 1988 to provide oversight of ASIO.

Since then the committee's oversight responsibilities have expanded across the Australian intelligence community.

We now examine the administration and expenditure of intelligence agencies annually. These reviews provide an important transparency mechanism; ensuring that agencies remain accountable to the Australian parliament.

We have also developed substantial responsibilities in refining national security legislation to build bipartisan consensus in the Australian national interest.

The committee anticipates further evolution of its role and responsibilities over the coming parliaments as the recommendations of the Independent Intelligence Review and the Richardson Review of the Legal Framework Governing the National Intelligence Community are implemented.

Secondly, I also present the Review of the renunciation by conduct and cessation provisions in the Australian Citizenship Act 2007. This report covers the committee's review of the operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007.

In 2015, the coalition government introduced amendments to the Citizenship Act via the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The legislative changes broadened the powers of the minister relating to the cessation of Australian citizenship for individuals engaging in terrorism and for those who are a serious threat to Australia and Australian interests.

The Intelligence Services Act 2001 requires the committee to undertake a statutory review of these citizenship cessation provisions, examining their operation and effectiveness and any further implications of their functioning.

In terms of the effectiveness of the provision, the committee notes evidence from ASIO that it is 'too early to determine any direct deterrent effects or other security outcomes among the individuals whose citizenship has ceased pursuant to sections 33AA and 35'. While noting that citizenship cessation is a useful counterterrorism tool in some circumstances, the committee also accepts that the use of such a tool may have unintended consequences and so must be subject to limitations and safeguards, and be regularly reviewed.

The committee found that, as the conduct provisions currently operate, the minister's role is effectively limited to restoring a person's citizenship after it has been lost or exempting a person from the effect of those provisions, which is due to the provisions' automatic nature.

Following an in-depth and considered review the committee found that the current 'operation of law' model, whereby a dual-national's Australian citizenship is automatically renounced through their actions, should be replaced by a ministerial decision-making model. Such a model would allow the minister to take into account a broader range of considerations in determining whether to cease an individual's citizenship. This determination was founded on advice from national security agencies which advised the committee that further flexibility was required to make use of citizenship cessation to maximum effect.

I note that the government has proposed such a ministerial decision-making model in the upcoming Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. The committee is currently finalising its report on the bill, ensuring that the proposed amendments operate as effectively as possible.

With respect to reporting requirements under section 51C of the Australian Citizenship Act 2007, the committee found that further information in this area should be provided to it, especially regarding information contained in ASIO's qualified security assessments. The committee expects that, subject to particular sensitivities, ASIO's qualified security assessments will be provided to the committee to further enable regular oversight and ensure that the reporting requirements under the Citizenship Act are being fulfilled. I commend these reports to the House. Thank you.

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