Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Hansard source

The government will not be supporting the amendments moved by the Labor opposition. The government does not support any amendment which would, in effect, reduce the amount of time for the reformed compulsory questioning framework to be properly developed and scrutinised. This is not just about the development. It is also about the scrutinising comprehensively of the new bill by the Parliamentary Joint Committee on Intelligence and Security and other stakeholders.

Allowing detention warrants to sunset in isolation, before parliament's consideration of a reformed compulsory questioning framework, would leave ASIO with a significant operational gap. The government intends to repeal questioning and detention warrants and introduce a reformed compulsory questioning framework as soon as possible. Parliament should then be given sufficient time to give due attention and care to its scrutiny of this important legislation. Any changes to the current questioning and detention framework should be carefully considered, not rushed through the parliament.

Rushing changes through without proper consideration and scrutiny runs a great risk of unintended consequences, including for the system of protections, safeguards and oversight embedded in the current legislation. This is a risk that the Morrison government is not prepared to take. Limiting the extension of the sunsetting period, as proposed by this amendment, to three months would not allow the committee sufficient time for the legislation to be developed and reviewed, which is contrary to the committee's 2018 inquiry report. The committee also requested that it be asked to report to the parliament no sooner than three months following the introduction of a detailed amendment bill. Amendments which would reduce the time allowed for the committee's consideration of the bill would also be contrary to the committee's 2018 report.

ASIO's current detention power cannot be repealed in isolation before an alternative mechanism is in place to prevent a person from absconding, destroying things or alerting others to the existence of a warrant. The committee supported an alternative framework to address the significant operational concerns of ASIO. The committee agreed that in the security environment it is essential that agencies have access to a range of effective counterterrorism laws. Repealing detention warrants in isolation is a complex task. The proposed amendments do not take into account the intertwining safeguards, protections and oversight for both questioning warrants and questioning and detention warrants within the legislation. This is a complex legislative amendment that should not be rushed through the parliament without due consideration.

The CHAIR: Order! It being 11.45 the debate is interrupted and the committee will report.

Progress reported.