Rex Patrick (SA, Independent) Share this | Hansard source

[by video link] by leave—I move amendments (1) and (2) on sheet 1412 together:

(1) Schedule 3A, page 153 (before line 17), before item 3, insert:

3A Paragraph 29(1)(a)

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

(2) Schedule 3A, page 153 (after line 24), at the end of the Schedule, add:

4 Subsection 29(3)

Repeal the subsection, 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.

5 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.

These are amendments that the chamber has seen a number of times. What they seek to do is undo the censoring of our parliament, or the restraint on our own parliament, from conducting oversight of intelligence operations and associated information gathering. These are important amendments that basically seek to provide a check and balance against the powers that are being proposed by the government. As I said, in principle I support what the government is doing. I do share some of Senator Roberts's concerns. These sorts of concerns could be addressed if the PJCIS were able to examine those operations. There is a safety mechanism in these amendments to make sure that, if there is something that is extremely sensitive going on, the PJCIS could be prevented from looking into the operation until after it has commenced, so it has appropriate safeguards. These are good amendments. They are oversight amendments. This is something that Labor indicated on several occasions it will support, but it has failed to do so. I commend the amendments to the committee.