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 following reports: Advisory report on the Crimes Legislation Amendment (Police Powers at Airports) Bill 2018 and Review of Administration and Expenditure No. 16 (2016-2017): Australian Intelligence Agencies.

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

by leave—The Crimes Legislation Amendment (Police Powers at Airports) Bill 2018 seeks to ensure that the aviation network is safe and secure for all Australians and addresses advice from Australian Federal Police that the current powers available to police to check evidence of identity at airports are no longer fit for purpose.

Consequently, the bill makes several amendments to the Crimes Act to provide additional powers for police at airports. These proposed powers include empowering constables and AFP protective service officers to direct individuals to move on from an airport; enabling officers to direct an individual not to take a flight to or from a major airport for a specific period of up to 24 hours; and providing police with new grounds to issue a direction, based on safeguarding aviation security.

During its review of the bill, the committee examined whether the new powers were proportional to the threat posed to aviation security and considered whether oversight and accountability mechanisms were sufficient and appropriate.

The committee received seven submissions to its inquiry and four supplementary submissions. It held a public hearing on 17 October 2018 in Canberra.

The committee made nine recommendations in relation to the bill.

The first recommends a change to the definition of 'aviation security' to specify the scope of activities to which the term applies.

The second introduces a savings provision to ensure that the new laws do not interfere with the right to peaceful protest or assembly.

The third introduces annual reporting obligations on the Australian Federal Police to inform the public on how often the powers are used.

The fourth provides for expedited judicial review in certain restricted circumstances.

The fifth recommends that the term 'senior police officer' be defined in the bill.

The sixth introduces further additional annual reporting obligations on the Australian Federal Police on the use of the powers.

The seventh requires police officers to ensure that all authorisations given orally are documented in writing as soon as practicable.

The eighth recommendation is to ensure that obligations for police to provide information, if requested, apply equally to uniformed and plain-clothes officers.

And finally, the ninth and final recommendation is that, subject to implementation of these recommendations, the bill be passed.

The second report I have tabled today fulfils the committee's statutory oversight responsibility to review the administration and expenditure of the six Australian intelligence agencies, including the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service, the Office of National Assessments and the three defence intelligence agencies.

Through its review, the committee received comprehensive submissions and conducted private hearings with each of the agencies. The committee also took evidence from the Inspector-General of Intelligence and Security.

The committee is satisfied that agencies are overseeing their administrative functions effectively.

Agencies have continued to respond to the changing security environment, and with the support of funding have invested in a range of new programs and capital projects to enhance their future capacity.

The committee carefully scrutinised each agency's financial management arrangements, including their internal controls.

On the basis of the evidence provided, the committee was satisfied that agencies appropriately managed their expenditure in 2016-17.

While this review relates to the 2016-17 financial year, the report recognises that the intelligence community is currently undergoing a period of significant change.

This change has been largely driven by the recommendations of the 2017 Independent Intelligence Review, conducted by Mr Michael L'Estrange and Mr Stephen Merchant, as well as the machinery-of-government changes following the creation of the Department of Home Affairs.

As the report notes, these changes will also affect the role of the PJCIS and that of the Inspector-General of Intelligence and Security.

The committee took the opportunity during its private hearings to discuss some of the implications of these changes with the inspector-general and affected agencies.

The committee considered it essential that as these changes occur within the intelligence community, a corresponding and effective level of oversight be maintained.

The committee therefore welcomed the increased funding for the Office of the Inspector-General of Intelligence and Security.

Noting the legislative and machinery-of-government reforms that have already occurred, the committee considers that amendments to expand the inspector-general's remit, and other oversight mechanisms, should be brought forward without delay.

The committee looks forward to continuing to engage closely with the intelligence agencies as the administrative arrangements within which they operate are revised.

I commend both reports to the House.

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

by leave—The Parliamentary Joint Committee on Intelligence and Security has today handed down a bipartisan report recommending the passage of the Crimes Legislation Amendment (Police Powers at Airports) Bill 2018. A number of recommendations have been made to improve the bill and make it stronger and more effective. Those recommendations, if implemented, would also make it clear that the new powers cannot be used to interfere with the right to peaceful assembly.

If legislation reflecting these bipartisan recommendations is presented by the government and passed by the parliament, the rules governing the powers of police at airports around Australia will be unified for the first time and strengthened. Police constables and protective service officers will have the power to direct a person to move on from airport premises or to prevent a person from taking a specified flight when that person is reasonably suspected to have committed, be committing or be intending to commit an offence punishable by 12 months imprisonment or more, or if it is necessary to safeguard aviation security. It also expands the existing power that constables have to direct a person to produce evidence of their identity in specified circumstances.

Labor is absolutely dedicated to giving enforcement and security agencies the powers they need to keep Australians safe. Labor has always taken a bipartisan approach to national security matters and will continue to do so even as the government continually tries to trash that approach. We have helped to make more than 500 amendments to national security bills since 2013. Every one of those has made our laws stronger and more effective. Today's report shows that the bipartisan process of the Parliamentary Joint Committee on Intelligence and Security remains intact. Labor will do all it can to uphold the vital role of the committee while the government descends into hysterical attacks.