Sarah Hanson-Young (SA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (1) and (3) to (9) on sheet 1410 together:

(1) Clause 2, page 2 (table item 2), omit the table item.

(3) Schedule 2, page 49 (after line 17), after item 3, insert:

3A Subsection 6(1) (definition of eligible judge )

Repeal the definition, substitute:

eligible Judge means:

(a) in relation to a network activity warrant—an eligible Judge within the meaning of section 12A.

(b) otherwise—an eligible Judge within the meaning of section 12.

3B Subsection 6(1) (definition of relevant offence )

Repeal the definition, substitute:

relevant offence means:

(a) in relation to a network activity warrant or an account takeover warrant:

(i) an indictable offence against a law of the Commonwealth or of a State or Territory; or

(ii) an offence that is punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; or

(iii) an offence against Chapter 5 of the Criminal Code (security of the Commonwealth); or

(iv) an offence against Chapter 8 of the Criminal Code (offences against humanity); or

(v) an offence against Chapter 9 of the Criminal Code (dangers to the community); or

(vi) an offence against Part 10.2 of the Criminal Code (money laundering); or

(vii) an offence against Part 10.7 of the Criminal Code (computer offences); or

(b) otherwise:

(i) an offence against the law of the Commonwealth that is punishable by a maximum term of imprisonment of 3 years or more or for life; or

(ii) an offence against a law of a State that has a federal aspect and that is punishable by a maximum term of imprisonment of 3 years or more or for life; or

(iii) an offence against section 15 of the Financial Transaction Reports Act 1988; or

(iv) an offence against section 53, 59, 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; or

(v) an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991; or

(vi) an offence against section 46A, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984; or

(vii) if a surveillance device warrant, a computer access warrant, or a tracking device authorisation, is issued or given (or is sought) for the purposes of an integrity operation in relation to a suspected offence against the law of the Commonwealth, or of a State or Territory, that is punishable by a maximum term of imprisonment of 12 months or more or for life—that offence; or

(viii) an offence that is prescribed by the regulations.

(4) Schedule 2, page 51 (after line 2), at the end of section 7A, add:

(3) In this section, relevant offence means:

(a) an indictable offence against a law of the Commonwealth or of a State or Territory; or

(b) an offence that is punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; or

(c) an offence against Chapter 5 of the Criminal Code (security of the Commonwealth); or

(d) an offence against Chapter 8 of the Criminal Code (offences against humanity); or

(e) an offence against Chapter 9 of the Criminal Code (dangers to the community); or

(f) an offence against Part 10.2 of the Criminal Code (money laundering); or

(g) an offence against Part 10.7 of the Criminal Code (computer offences).

(5) Schedule 2, page 51 (before line 3), before item 9, insert:

8A Section 11

Repeal the section, substitute:

11 Who may issue warrants?

(1) Any warrant under this Part, other than a network activity warrant, may be issued by an eligible Judge or by a nominated AAT member.

(2) A network activity warrant may only be issued by an eligible Judge.

8B Section 12 (heading)

After "Judges", insert "—general".

8C Subsection 12(3)

Omit "this Act", substitute "this section".

8D After section 12

Insert:

12A Eligible Judges — network activity warrants

(1) In this section, unless the contrary intention appears:

eligible Judge means a person in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.

Judge means a person who is a Judge of:

(a) a court created by the Parliament; or

(b) the Supreme Court of a State or Territory.

(2) A Judge may, by writing, consent to be declared an eligible Judge under subsection (3) by the Minister referred to in that subsection.

(3) The Minister administering the Judiciary Act 1903 may, by writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this section.

(4) Any function or power conferred on the Judge under this Act is so conferred only in a personal capacity and not as a court or a member of a court.

(5) An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

(6) An instrument declaring a Judge to be an eligible Judge is not a legislative instrument.

(6) Schedule 2, page 65 (after line 10), at the end of Division 6 of Part 2, add:

27KU Public Interest Advocates

(1) The Prime Minister shall declare, in writing, one or more persons to be Public Interest Advocates.

(2) The Prime Minister must not declare a person to be a Public Interest Advocate unless the person:

(a) has served as a judge in one or more superior courts for a period of at least 5 years, and no longer holds a commission as a judge of a superior court; or

(b) is a Queen's Counsel or a Senior Counsel.

(3) A person must be appointed as a Public Interest Advocate for at least 5 years.

(4) A Public Interest Advocate may make submissions to an eligible Judge or a nominated AAT member about matters relevant to an application for a network activity warrant made under this Division to that Judge or member.

(5) The regulations may prescribe matters relating to the performance of the role of a Public Interest Advocate.

(6) A declaration under subsection (1) is not a legislative instrument.

(7) In this section:

superior court means:

(a) the High Court; or

(b) a court created by the Parliament; or

(c) the Supreme Court of a State or Territory.

(7) Schedule 3, page 113 (lines 6 and 7), omit subparagraph (a)(iii) of the definition of law enforcement officer, substitute:

(iii) an AFP employee (within the meaning of the Australian Federal Police Act 1979) who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position; or

(8) Schedule 3, page 113 (line 14), omit subparagraph (b)(ii) of the definition of law enforcement officer, substitute:

(iii) a member of the staff of the ACC who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position.

(9) Schedule 3, page 113 (lines 31 to 33), omit the definition of relevant offence.

The Greens also oppose schedule 1 in the following terms:

(2) Schedule 1, page 3 (line 1) to page 47 (line 2), to be opposed.

Senator Thorpe has articulated the concerns we have with this bill. These amendments address those. I think we can get on with voting on them.

The TEMPORARY CHAIR: The question is that the Australian Greens amendments (1) and (3) to (9) on sheet 1410 be agreed to.

Question negatived.

by leave—I would like the Greens' vote recorded. Considering we haven't had a response from the government or the opposition in relation to these amendments on the record, I would like that clarified as well.