Scott Ludlam (WA, Australian Greens) Share this | Hansard source

All right, we will leave it there. If there is no way that you can see to bring the document to the chamber's attention while we are having this debate, then I will return to the questions of substance and you can reply as best you are able.

On page 16 of the Alert Digest, as it relates to schedule 2, item 29:

These subsections in the current ASIO Act—

the committee states—

make it unlawful for an ASIO officer, employee or agent to use a listening device, certain optical surveillance devices … and a tracking device, where it would otherwise have been permissible in some States and Territories.

The committee says later on page 16,

It is possible that the—

proposed—

repeal of subsections 26(1) and 26A(1) may have the result of making the use of surveillance devices by ASIO lawful in circumstances beyond those authorised by Subdivision D. The explanatory memorandum states that uses not so authorised will generally be regulated by State and Territory law.

The substantive question that they have put to you, then, Senator Brandis, is:

The committee seeks advice from the Attorney-General as to whether there may be circumstances where use of surveillance devices by ASIO not authorised under Subdivision D may be lawful under State and Territory law and whether, therefore, the repeal of subsections 26(1) and 26A(1) will operate to enlarge the circumstances in which the use of surveillance devices is lawful.

I think you can see where this is going.

Further, if that is so, the committee seeks the Attorney-General’s advice as to the rationale for not dealing comprehensively with the legality of the use of surveillance devices by ASIO in the ASIO Act.

I will cease my quotation there and just acknowledge that that would seem to be an important, a relevant and a justified question for the committee to put to you. Could you foreshadow for us, or explain as best as you are able here, how you have responded to the committee, or how you would seek, I guess, to allay their concerns.