Kristina Keneally (NSW, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

I advise the chamber that I had intended to move the amendments on sheets 1097 and 1099 standing in my name jointly for the efficiency of the chamber, but I am now advised that Senator Griff seeks to vote differently on those two amendments, so I advise the chamber that we will move them separately in order to accommodate Senator Griff.

I will first move the amendment on sheet 1097. For the clarity of the chamber, this is to institute a statutory independent review of the legislation within the first two years of its operation, followed by further independent reviews every five years. I move opposition amendment (1) on sheet 1097:

(1) Page 2 (after line 11), after clause 3, insert:

4 Review of this Act

(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act as soon as practicable after the end of two years after this Act commences.

(2) Further independent reviews of the operation of the amendments made by this Act must be made as soon as practicable after the fifth anniversary of the commencement of this Act and at five yearly intervals thereafter.

(3) The persons who conduct the review must give the Minister a written report of each review mentioned in subsections (1) and (2).

(4) The Minister must cause a copy of the report of each review mentioned in subsections (1) and (2) to be tabled in each House of Parliament within 15 sitting days of that House after the report is given to the Minister.

Question agreed to.

I thank the chamber for its support for that amendment. I would also like to notify the chamber that I do not intend to move opposition amendments on sheets 1067 and 1098.

I now seek to move the amendment on sheet 1099. For the clarity of the chamber, this is an amendment that seeks to expand the role of IGIS, the independent inspector, to include oversight of the ACIC. This was recommended by the 2017 intelligence review. Despite the government claiming to accept that recommendation, it's taken over three years to finally introduce legislation to implement it. But they have continued to give the ACIC new functions and new powers. Given the nature of the ACIC's work and the potential impact it can have on fundamental rights and freedoms, this amendment seeks to ensure the ACIC's intelligence related work is subject to the same degree of rigorous oversight as that of other intelligence agencies. I move opposition amendment (1) on sheet 1099:

(1) Schedule 2, page 28 (after line 21), at the end of the Schedule, add:

Inspector -General of Intelligence and Security Act 1986

11 Subsection 3(1)

Insert:

ACC means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002.

Note: Subsection 7(1A) of the Australian Crime Commission Act 2002 provides that the ACC may be known by one or more names or acronyms specified in regulations made under that Act. In July 2016, the ACC became known as the Australian Criminal Intelligence Commission or ACIC.

12 Subsection 3(1) (after paragraph (f) of the definition of head )

Insert:

(fa) in relation to ACC—the Chief Executive Officer of ACC; or

13 Subsection 3(1) (definition of intelligence agency )

Omit "or ONI", substitute ", ONI or ACC".

14 After subsection 8(3)

Insert:

(3A) Subject to this section, the functions of the Inspector-General in relation to ACC are:

(a) at the request of the Attorney-General or the responsible Minister, of the Inspector-General's own motion or in response to a complaint made to the Inspector-General by a person who is an Australian citizen or a permanent resident, to inquire into any matter that relates to:

  (i) the compliance by ACC with the laws of the Commonwealth and of the States and Territories; or

  (ii) the compliance by ACC with directions or guidelines given to ACC by the responsible Minister; or

  (iii) the propriety of particular activities of that agency; or

  (iv) an act or practice of ACC that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, being an act or practice referred to the Inspector-General by the Australian Human Rights Commission; and

(b) at the request of the Attorney-General or the responsible Minister or of the Inspector-General's own motion, to inquire into the procedures of ACC relating to redress of grievances of employees of ACC; and

(c) at the request of the Attorney-General or the responsible Minister or of the Inspector-General's own motion, to inquire into the effectiveness and appropriateness of the procedures of that agency relating to the legality or propriety of the activities of that agency.

(3B) The Inspector-General's functions under subsection (3A) do not extend to inquiring into anything done by ACC to the extent that thing does not relate to its intelligence role or function.

15 Subsection 8(5)

Omit "and (3)", substitute ", (3) and (3A)".

16 Subsection 8(5)

Omit "AGO, DIO or ONI", substitute "ACC, AGO, DIO or ONI".

17 Paragraph 8A(4 ) ( a)

Omit "or ASD", substitute ", ASD or ACC".

18 Paragraph 15(3 ) ( a)

Omit "or ONI" (wherever occurring), substitute ", ONI or ACC".

19 Paragraph 21(1B ) ( a)

Omit "or ONI" (wherever occurring), substitute ", ONI or ACC".

20 Paragraph 32A(5 ) ( a)

Omit "and ONI", substitute ", ONI and ACC".

21 Subsection 32B(1)

Omit "or ONI", substitute ", ONI or ACC".

Public Interest Disclosure Act 2013

22 Section 8 (at the end of the definition of intelligence agency )

Add:

; or (g) the Australian Crime Commission.

The CHAIR: The question is that opposition amendment (1) on sheet 1099, as moved by Senator Keneally, be agreed to.