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

I seek leave to amend business of the Senate notice of motion No. 1, standing in my name and in the names of Senators Griff and Kakoschke-Moore, for today concerning a reference to the Senate Standing Committee on Privileges, before asking that it be taken as formal.

Leave granted.

I amend the motion by omitting in subparagraph (a) the words 'domestic preservation orders' and substituting' domestic preservation notices'. I move:

That the following matters be referred to the Standing Committee of Privileges for inquiry and report by 14 August 2017:

(a) the implications of the use of intrusive powers by law enforcement and intelligence agencies, including in relation to electronic surveillance and metadata domestic preservation notices, on the privileges and immunities of members of Parliament;

(b) whether current oversight and reporting regimes on the use of intrusive powers are adequate to protect the capacity of members of Parliament to carry out their functions, including whether the requirements of parliamentary privilege are sufficiently acknowledged;

(c) the need for specific protocols to be developed on any or all of the following matters:

  (i) access by law enforcement or intelligence agencies to information held by parliamentary departments or departments of state (or portfolio agencies) in relation to members of Parliament or their staff,

  (ii) access in accordance with the provisions of the Telecommunications (Interception and Access) Act 1979 by law enforcement or intelligence agencies to metadata or other electronic material in relation to members of Parliament or their staff, held by carriers or carriage service providers, and

  (iii) activities of intelligence agencies in relation to members of Parliament or their staff (with reference to the agreement between the Speaker of the New Zealand House of Representatives and the New Zealand Security Intelligence Service); and

(d) any related matters.