Nick Xenophon (SA, Independent) Share this | Hansard source

Could I go the Alert Digest No. 11 of 2014 that I referred to earlier from the Senate Standing Committee for the Scrutiny of Bills. At page 11, under the heading 'Undue trespass on personal rights and liberties—authorisation of a person to exercise significant power', it says:

ASIO affiliates may thus include a broad range of persons and it is unclear whether the exception should appropriately apply to them given their qualifications … and the nature of their ‘appointment’. The explanatory memorandum merely repeats the effect of the proposed amendment.

Can the Attorney indicate whether, for instance, if ASIO approaches an internet services provider as part of an operation and the ISP cooperates with ASIO in respect of that, does that mean that they would be an ASIO affiliate in those circumstances and therefore have certain protections in respect of that? Also, is the Attorney able to clarify the concern expressed by the Scrutiny of Bills Committee as to what the nature of the appointment would be and the protections afforded to affiliates? I think there was a concern raised by the committee in respect of that, saying that it is unclear whether the exception should appropriately apply to them, given their qualifications.