Clare O'Neil (Hotham, Australian Labor Party, Minister for Home Affairs) Share this | Link to this | Hansard source

In continuation from my previous remarks, I'd like to thank the Senate Standing Committee for the Scrutiny of Bills for drawing attention to the reversed burden of proof in the proposed amendments to subsection 92(1) of the ASIO Act. The amended subsection 92(1) provides a defence where the ASIO identities were published with the written consent of the minister or of the Director-General of Security. The burden of proof for this defence is considered to be reversed in the existing section and is now explicitly reversed in the proposed amendment.

The publishing of ASIO identities has a very real prospect of resulting in harm to ASIO staff and affiliates, and it should only be done with the absolute greatest of care. In the 75-year history of ASIO it's only been done a handful of times. My view is that if an individual who has published ASIO identities has received the written required consent it is entirely reasonable to expect them to be able to produce that consent when required. I've provided to the scrutiny of bills committee my response, which contains additional information.

The bill reflects the government's commitment to the security of our society and our country and to ensuring the legislation that underpins the actions of the national intelligence community is robust. I commend the bill to the chamber. I would like to provide to the parliament an addendum to the explanatory memorandum which I referred to in my second reading speech.

Question agreed to.

Bill read a second time.