Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I present a supplementary memorandum to the bill. By leave—I move:

(1) Clause 2, page 2 (table item 4), omit the table item, substitute:

(2) Clause 2, page 2 (table item 5, column 1), omit "and 5", substitute "to 6".

(3) Clause 2, page 2 (at the end of the table), add:

(4) Schedule 4, page 27 (after line 15), after item 2, insert:

2A Section 7 (definition of Home Affairs Minister )

Omit "Australian Security Intelligence Organisation Act 1979", substitute "Security of Critical Infrastructure Act 2018".

(5) Schedule 5, items 94 and 95, page 71 (lines 9 to 17), omit the items, substitute:

94 Subsection 5(1) (paragraph (j) of the definition of prescribed investigation )

Repeal the paragraph, substitute:

(j) in the case of the Parliamentary Inspector of the Corruption and Crime Commission (WA)—means an investigation that the Parliamentary Inspector of the Corruption and Crime Commission (WA) is conducting in the performance of the Parliamentary Inspector's functions under the Corruption, Crime and Misconduct Act (WA); or

(6) Page 86 (after line 28), at the end of the Bill, add:

Schedule 6 — Unauthorised disclosure of information by current and former Commonwealth officers etc. — sunsetting extension

Criminal Code Act 1995

1 Subsection 122.4(3) of the Criminal Code

Omit "29 December 2024", substitute "29 June 2026".

(7) Page 86, at the end of the Bill (after proposed Schedule 6), add:

Schedule 7 — Meaning of hors de combat

Part 1 — Amendments

Criminal Code Act 1995

1 Dictionary in the Criminal Code (definition of hors de combat )

Repeal the definition, substitute:

hors de combat: a person is hors de combat if:

(a) any of the following apply:

(i) the person is in the power of an adverse party;

(ii) the person clearly expresses an intention to surrender;

(iii) the person has been rendered unconscious or is otherwise incapacitated by wounds or sickness and is therefore incapable of defending himself or herself; and

(b) the person abstains from any hostile act and does not attempt to escape.

Part 2 — Application of amendment

2 Application of amendment

(1) The definition of hors de combat in the Dictionary in the Criminal Code, as inserted by this Schedule, applies in relation to:

(a) any conduct engaged in on or after 26 September 2002; and

(b) any legal proceedings that are commenced on or after that day, if the proceedings have not been finally determined before the commencement of this Part.

(2) In this item, legal proceedings include any proceedings before a court or tribunal, and include proceedings that are pending.

The government is introducing amendments to the bill that will implement recommendation 1 of the Parliamentary Joint Committee on Intelligence and Security's report on this bill and make final amendments to the bill to ensure that it operates as intended. I will also introduce two additional sets of amendments which I will return to shortly. Item 1 of the government amendments changes the commencement date of schedule 3 from 1 July 2024 to the 14th day after the Senate receives the royal assent to accommodate the later passage of the bill.

Item 4 is a routine amendment to reflect changes in ministerial responsibilities following the administrative arrangements order made on 29 July 2024 which transferred administration of the Australian Security Intelligence Organisation Act 1979 to the Attorney-General. This amendment will ensure that the amendments to establish a communications security coordinator in the Department of Home Affairs operate as designed.

Item 5 responds to recommendation 1 of the Parliamentary Joint Committee on Intelligence and Security's report on the bill. This amendment will ensure that the Western Australian Parliamentary Inspector of the Corruption and Crime Commission of WA is able to receive information under the Telecommunications (Interception and Access) Act 1979 in similar circumstances to other state and territory oversight agencies.

Items 2 and 6 introduce a new amendment to the bill to extend the sunsetting date of the secrecy offence in section 122.4 of the Criminal Code by 18 months from 29 December 2024 to 29 June 2026. This amendment will ensure that sensitive Commonwealth information continues to be protected while the government considers and implements two recent reviews of Commonwealth secrecy provisions by the Independent National Security Legislation Monitor and the Attorney-General's Department.

Items 3 and 7 introduce a new amendment to retrospectively amend the definition of 'hors de combat' in the dictionary of the Criminal Code to correct a drafting error that was made when the definition was first introduced in 2002. The amendment will ensure consistency between Australian domestic law and international law. The amendment reflects the parliament's original express legislative intent when the provision was introduced. I commend these amendments to the House.

Question agreed to.

A division having been called in the House of Representatives—

Sitting suspended from 10:21 to 10:31

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.