James Paterson (Victoria, Liberal Party, Shadow Minister for Cyber Security) Share this | Hansard source

The Telecommunications (Interception and Access) Amendment Bill 2023 will clarify the intended operation of certain provisions of the Telecommunications (Interception and Access) Act 1979. Specifically, the bill amends sections 65 and 137 of the T(IA) Act to ensure that foreign intelligence information obtained under certain warrants under the T(IA) Act can be communicated, used and recorded to protect Australia's national security. These changes will facilitate a more timely sharing of foreign intelligence which is critical to our ensuring our intelligence and law enforcement agencies are able to identify threats to Australia's national security as they arise and take the necessary steps to mitigate them. This includes malicious cyberactivity targeting Australian interests, terrorist communications and foreign intelligence services threatening Australian interests. Schedule 1 of the bill will clarify the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions. The bill does not seek to alter or expand the information that may be intercepted under foreign intelligence warrants. The amendments would augment the existing requirement for the Attorney-General to approve the persons who can receive foreign intelligence information—noting this may not be known with sufficient certainty when the request is made—with an approach where the Attorney-General can limit communication and use of the information by specifying the purposes or imposing conditions for which the information can be shared.

The bill also includes a number of safeguards to ensure that foreign intelligence information is used and communicated in a controlled and targeted way. This includes ensuring that, where a person receives foreign intelligence information under the relevant parts of the T(IA) Act, it may only be communicated in line with the relevant agency's proper performance of functions, duties or powers and subject to any purposes specified or conditions imposed by the Attorney-General. Use of these provisions will remain subject to independent oversight by the Inspector-General of Intelligence and Security. The coalition thanks the government for the briefing that they provided on this bill, which illustrated the need for this amendment and the urgency that comes with it. We will always support sensible changes which ensure legislation is fit for purpose to enable the operations of our intelligence and law enforcement agencies, and we'll be supporting the passage of the bill.