George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I apologise for not being here when the committee stage began. I just became aware of it. I seek leave to move all government amendments together.

Leave not granted.

by leave—I move government amendments (1) to (6), (8) to (14), (17) and (19) to (30) on sheet ES111 together:

(1) Schedule 1, item 8, page 5 (after line 8), after paragraph 104.2(3)(a), insert:

  (aa) the following:

     (i) a statement of the facts relating to why the order should be made;

     (ii) if the member is aware of any facts relating to why the order should not be made—a statement of those facts; and

(2) Schedule 1, page 5 (after line 22), after item 8, insert:

8A Subsection 104.2(6) of the Criminal Code

  Omit "paragraphs (2)(a) and (b)", substitute "subsection (2)".

(3) Schedule 1, item 9, page 5 (line 34) to page 6 (line 4), omit paragraph 104.3(c).

(4) Schedule 1, item 9, page 6 (line 6), omit "the proposed", substitute "each of the proposed".

(5) Schedule 1, item 9, page 6 (lines 9 and 10), omit "the proposed", substitute "any of those".

(6) Schedule 1, item 12, page 7 (lines 9 and 10), omit "the order", substitute "each of the obligations, prohibitions and restrictions to be imposed on the person by the order".

(8) Schedule 1, item 15, page 8 (line 3), omit "12", substitute "8".

(9) Schedule 1, item 16, page 8 (line 6), omit "104.3(1)(b) to (e)", substitute "104.3(b) to (e)".

(10) Schedule 1, item 17, page 8 (line 9), omit "12", substitute "8".

(11) Schedule 1, item 18, page 8 (line 12), omit "104.3(1)(a) to (e)", substitute "104.3(a) to (e)".

(12) Schedule 1, item 19, page 8 (line 16), omit "12", substitute "8".

(13) Schedule 1, item 20, page 8 (line 18), omit "12", substitute "8".

(14) Schedule 1, item 22, page 8 (line 22), omit "104.3(1)(c) and (d)", substitute "104.2(3)(aa) and 104.3(d)".

(17) Schedule 1, item 28, page 9 (lines 28 and 29), omit "the varied control order", substitute "each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order".

(19) Schedule 2, page 12 (before line 4), before item 1, insert:

1A After section 3

  Insert:

3A References to Ministers

     Despite section 19A of the Acts Interpretation Act 1901, in this Act:

  (a) a reference to the responsible Minister in relation to a relevant agency is a reference only to the most senior responsible Minister in relation to that agency; and

  (b) a reference to the Prime Minister or the Attorney-General is a reference only to the Minister with that title; and

(c) a reference to the Defence Minister is a reference only to the most senior Defence Minister; and

  (d) a reference to the Foreign Affairs Minister is a reference only to the most senior Foreign Affairs Minister; and

(e) a reference to the Minister responsible for administering the Australian Security Intelligence Organisation Act 1979 is a reference only to the most senior such Minister.

Note: A reference to a Minister mentioned in this section may include a reference to a person acting as that Minister (see section 19 of the Acts Interpretation Act 1901).

(20) Schedule 2, item 18, page 18 (after line 19), after subsection 9B(4), insert:

Notifying the responsible Minister

  (4A) An agency head who gives an authorisation under this section for an activity or series of activities must notify the relevant responsible Minister of the authorisation within 8 hours after giving the authorisation.

(21) Schedule 2, item 18, page 18 (lines 21 and 22), omit "An agency head who gives an authorisation under this section for an activity or series of activities must", substitute "The agency head must also".

(22) Schedule 2, item 18, page 19 (line 5), omit "being", substitute "the responsible Minister is".

(23) Schedule 2, item 18, page 19 (after line 13), after subsection 9B(8), insert:

Oversight by Inspector -General of Intelligence and Security

  (8A) Within 30 days after the Inspector-General of Intelligence and Security is given the documents, the Inspector-General must:

  (a) consider whether the agency head complied with the requirements of this section in giving the authorisation; and

  (b) provide the responsible Minister with a report on the Inspector-General's views of the extent of the agency head's compliance with the requirements of this section in giving the authorisation; and

(c) provide to the Committee a copy of the conclusions in the report.

(24) Schedule 2, item 18, page 19 (line 14), omit the heading to subsection 9B(9), substitute:

Status of instruments

(25) Schedule 2, item 18, page 19 (line 15), after "authorisation", insert ", report".

(26) Schedule 2, item 18, page 20 (line 11), omit "Advising", substitute "Notifying".

(27) Schedule 2, item 18, page 20 (line 12), omit "advise", substitute "notify".

(28) Schedule 2, item 18, page 20 (line 15), omit "advice", substitute "notification".

(29) Schedule 2, item 18, page 20 (lines 17 to 23), omit subsection 9C(5), substitute:

(5) The notification must be given:

  (a) for a notification given to the ASIO Minister—before the end of 8 hours after the authorisation is given under section 9A or 9B; and

  (b) for a notification given to the Inspector-General of Intelligence and Security—as soon as practicable, but no later than 3 days after the authorisation is given under section 9A or 9B.

Oversight by Inspector -General of Intelligence and Security

(6) Within 30 days after the Inspector-General of Intelligence and Security is given the notification, the Inspector-General must:

  (a) consider whether the agency head complied with the requirements of this section in giving the authorisation under section 9A or 9B; and

  (b) provide the responsible Minister with a report on the Inspector-General's views of the extent of the agency head's compliance with the requirements of this section in giving the authorisation under that section; and

(c) provide to the Committee a copy of the conclusions in the report.

(30) Schedule 2, page 22 (after line 29), at the end of the Schedule, add:

32 Paragraph 29(1)(bb)

  Repeal the paragraph, substitute:

  (bb) to review, by 7 March 2018, the operation, effectiveness and implications of the following:

     (i) Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 and any other provision of that Act as far as it relates to that Division;

     (ii) Division 3A of Part IAA of the Crimes Act 1914 and any other provision of that Act as far as it relates to that Division;

     (iii) Divisions 104 and 105 of the Criminal Code and any other provision of the Criminal Code Act 1995 as far as it relates to those Divisions;

     (iv) sections 119.2 and 119.3 of the Criminal Code and any other provision of the Criminal Code Act 1995 as far as it relates to those sections; and

These amendments give effect to the recommendations of the Parliamentary Joint Committee on Intelligence and Security. The committee recommended that the bill be passed, with amendment, and these are the amendments arising from the committee's report. They include further strengthening the bill to include the safeguards, transparency and oversight mechanisms I explained in my second reading speech. I should add that there are also some recommendations by the PJCIS for amendments to the explanatory memorandum and those amendments will be made when a revised explanatory memorandum is tabled in the House of Representatives. Beyond that, that is all I have to say.