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

Thank you very much indeed, Senator Xenophon, for your question. I inform Senator Xenophon and other members of the chamber that the Telecommunications (Interception and Access) Amendment (Data Retention) Bill passed the House of Representatives shortly before question time. That is a great achievement, I must say. It is a great achievement because it will—assuming its passage through the Senate with the support of the opposition, which has been offered to the government—make Australians more secure. It will enhance the capacity of our crime-fighting agencies to fight crime. It will enhance the capacity of our national security agencies to deal with the menace of terrorism.

Coming directly to the question, one of the government amendments that was moved in the House of Representatives was, as Senator Xenophon referred to, for the creation of the Office of the Public Interest Advocate. That is in what will be section 180X of the Telecommunications (Interception and Access) Act. Under the terms of that provision, the Prime Minister is to appoint a person or persons as the Public Interest Advocate. That person may make submissions to the minister about matters relevant to a decision to issue or to refuse to issue a journalist information warrant or a decision about the conditions or restrictions, if any are specified, in such a warrant.

That is the way this works, Senator Xenophon. We have never accepted that the bill produced on 27 February in the form in which it emerged from the second PJCIS inquiry with 39 recommendations needed any further amendment. But to make doubly sure the government agreed to make special provisions for warranted access to protect journalists' sources.