Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

The opposition amendments, although they have been moved together, deal with discrete areas in relation to B-party warrants. Initially, the concern is about the different regime applying to ASIO and law enforcement agencies in obtaining the stored communications warrants. I will deal with that first. The government’s view is that we should continue the different regimes for law enforcement agencies and ASIO. At the moment, we have a system where ASIO obtains warrants by application to the Attorney-General. Various requirements have to be met. That involves the Attorney-General’s Department and, in particular, ASIO. That has worked well. It would be unhelpful to now bring in a new regime for obtaining a stored communication warrant that is of a lesser standard or impact than a telephone intercept, which ASIO has under its current regime. It was thought best to continue that same regime and include stored communication warrants as well as the TI regime that ASIO has at the moment. We also have to remember that ASIO deals with inquiries into national security—