Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

What I might do is speak to all of the government amendments in the interests of time and then have them dealt with separately if that is permissible by the Chair. So, rather than seek leave to have them dealt with all together, I will talk to them all and then we can put them separately and see how they run from there.

Government amendments (1) to (10) on sheet BD213 that deal with clauses 3 and 8 make it clear that Australia’s national security legislation is consistent with both Australia’s human rights obligations and our international security and counterterrorism obligations. I think this is a matter that Senator Trood did raise. Perhaps in part rebuttal to Senator Trood’s contribution on this point in the second reading debate—Mr Temporary Chairman Trood, you might be interested in this—our security as a nation depends in part on cooperation and information sharing with our allies around the world and a multilateral approach to globalised threats such as terrorism, money laundering, drug trafficking and people smuggling. It also depends on the application of justice and the rule of law and a harmonious society at home that can only be secured by respect for liberty and the rights of the individual. The government believes our international commitments in these regards are worth consideration in any worthwhile objective assessment of the law. The alternative is to apply a somewhat blinkered approach, assessing our laws in blissful ignorance of the transnational context that in fact does exist across the globe in many of the areas that I have mentioned.

Amendment (1) implements recommendation 10 of the committee’s report. It makes clear that the monitor will ensure that Australia’s national security legislation is consistent with both Australia’s human rights obligations and our international security and counterterrorism obligations. Amendment (10) also implements recommendation 10 of the committee’s report and clarifies that Australia’s obligations under international agreements include human rights, counterterrorism and international security obligations.

In addition, government amendments (2), (5) to (9), (14) and (15) relate to functions of the monitor specifically. Amendment (2) on sheet BD213 inserts the proposed definition of the ‘Committee on Intelligence and Security’ to mean the joint parliamentary standing committee of that name established under the Intelligence Services Act 2001. Amendment (5) on sheet BD213 implements recommendations 5 and 7 of the committee’s report and makes explicit that the monitor has the power to conduct inquiries on his or her own initiative on subjects within his or her function. It is a belt and braces approach but it ensures that it is clear for the monitor to operate on.

Amendment (6) implements recommendations 5 and 11 of the committee’s report. It allows Australia’s counterterrorism and national security legislation and any other law of the Commonwealth to the extent that it relates to these laws to be assessed against the principle of proportionality. This ensures the monitor can assess on his or her own initiative whether the legislation being reviewed remains proportionate to the threat of terrorism and the threats to national security as well as whether the legislation remains necessary. Amendment (7) implements recommendation 6 of the committee’s report. It makes clear that the monitor could perform his or her function if the parliamentary Joint Standing Committee on Intelligence and Security refers matters relating to Australia’s counterterrorism and national security legislation to the monitor.

Amendment (8) amends the heading to clause 7 to make it clear that this clause refers to references by the Prime Minister to the monitor. Amendment (9) also implements recommendation 6 of the committee’s report. It provides that the parliamentary committee may refer matters that it becomes aware of in the performance of its functions to the monitor and the monitor can consider reviewing. It provides that it would be a function of the committee to refer relevant matters to the monitor. The monitor would retain, of course, discretion over his or her work. The monitor would be able to report on the PJCIS reference in the annual report. It is worth considering that the committee does have and can play a very important role in this. It is a significant role that is being asked of them. I do expect that they will meet that well.

Amendment (14) replaces the heading to clause 30 to make it clear that this report relates to references made by the committee. Amendment (15) makes explicit that the monitor must report to the Prime Minister on a reference made by the committee.

If we are following the running sheet, I have now dealt with the first and second government amendments and the Greens have the next three on the running sheet. It depends whether any of those are subject to the next three government amendments. If they are not, I will continue. I may need advice from the Clerk as to whether we should stop at that part and deal with those now and then proceed further. I could take a nod from the clerk or the chair.