Rex Patrick (SA, Centre Alliance) Share this | Hansard source

by leave—I move amendments (1) and (2) on sheet 1039 together:

(1) Schedule 1, page 19 (after line 25) , after the heading specifying Intelligence Services Act 2001 , insert:

14A Paragraph 29(1) (a)

After "to review the", insert "activities,".

(2) Schedule 1, Part 1, page 20 (after line 2), at the end of the Part, add:

15A Subsections 29(3) and (4)

Repeal the subsections, substitute:

(3) The functions of the Committee do not include:

(a) reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or

(b) conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONI, AFP or the Immigration and Border Protection Department.

15B After section 29

Insert:

29A Ceasing or suspending review of agency activities

(1) If:

(a) the Committee undertakes a review under section 29 of an activity by ASIO, ASIS, AGO, DIO, ASD or ONI; and

(b) the relevant responsible Minister is of the opinion that:

(i) the activity is an ongoing operation; and

(ii) the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;

the Minister may give to the Committee a certificate in relation to the matter stating the Minister's opinion and the reasons for it.

(2) A decision of the Minister under subsection (1) must not be questioned in any court or tribunal.

(3) Where the Minister gives a certificate under subsection (1) in relation to a review, the Committee must cease or suspend the review.

(4) If the Minister:

(a) becomes aware that the activity is no longer ongoing; or

(b) is no longer of the opinion that the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;

the Minister must, within 28 days after becoming aware of the fact or forming the view:

(c) revoke the certificate; and

(d) inform the Committee in writing.

(5) If the Minister revokes a certificate in accordance with subsection (4), the Committee may proceed with the review, or commence a new review into the activity.

Very briefly, this is an amendment that seeks to enable the PJCIS to have operational oversight of our intelligence services.