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

On behalf of the Parliamentary Joint Committee on Intelligence and Security, I present the committee's advisory report on the Security of Critical Infrastructure Bill 2017.

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

by leave—I'm pleased to present the committee's advisory report on the Security of Critical Infrastructure Bill 2017.

The bill introduces new measures to protect Australia's critical infrastructure from threats of sabotage, espionage and coercion.

The security of critical infrastructure is essential to the effective functioning of Australian society and provides continuous access to essential services for everyday life such as water, energy and communications.

The bill will establish two key measures—a register of critical infrastructure assets and a ministerial directions power.

The register will enhance Australia's capability to understand exactly who owns, controls and has access to our critical infrastructure.

The directions power will enable a minister to issue a direction where existing mechanisms and cooperation cannot be used to mitigate national security risks.

The committee has made 10 recommendations in its report. These recommendations focus on providing greater clarity to the public about the operation of the bill.

The committee has recommended that the Department of Home Affairs review and develop measures to protect Australia's fuel supply from national security threats. Australia's fuel industry is nationally significant. Ensuring fuel supply and stock is crucial both to our defence and our domestic economy. The committee's recommendation will ensure that supply chain vulnerabilities in the fuel industry are identified and protected.

To ensure the smooth implementation of the scheme, the committee has recommended the development of guidelines. These guidelines will be vital for owners and operators to understand their reporting obligations and the risk assessment process.

In the interests of preserving data integrity, the committee has also recommended that the Department of Home Affairs examine the viability of developing a common data entry portal for use across Commonwealth, state and territory databases.

The committee seeks to ensure that the face of the legislation and its accompanying explanatory material clearly reflects the intent of the bill. The committee has recommended amending the bill's definition of 'direct interest holder'. Similarly, the committee has recommended that the explanatory memorandum to the bill should clarify that the bill does not affect the operation of existing privacy obligations.

The committee considered strengthening the bill's information-sharing provisions to ensure greater transparency of decision-making. The committee has recommended that the explanatory memorandum to the bill clarify the factors that the secretary must take into account when exercising discretion to disclose protected information.

The committee compared the bill to the Telecommunications and Other Legislation Amendment Act 2017. In August of last year, I presented the committee's advisory report on that legislation to this House.

The committee considered evidence from the Inspector-General of Intelligence and Security. The committee has recommended that a person must be notified if they are the subject of an adverse security assessment under the bill.

The recent telecommunication laws require the committee to review the operation of the scheme three years after royal assent. The committee has recommended that this bill also be subject to a review, given the similarities in powers and the national security risks that both laws are designed to manage.

Finally, the committee has recommended that subject to the implementation of these recommendations the bill be passed.

I commend the report to the House.