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

I rise to make a contribution on the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023. The comprehensive review of the legal framework of the national intelligence community, otherwise known as the Richardson review, was commissioned by the former coalition government. This was the most significant review of Australia's intelligence legislation since the Hope royal commissions in 1974 and 1983. It was undertaken by the former secretary of the Department of Defence Mr Dennis Richardson, and the unclassified version of the review and government response were released on 4 December 2020.

The majority of the national security legislation amendment bill before the Senate now deals with 12 of the recommendations from the Richardson review, all of which the former coalition government agreed to in the 2020 government response. The bill also includes some additional elements that the current government has identified as necessary in consultation with our national security agencies.

The bill contains four schedules. Schedule 1 of the bill would amend the ASIO Act to extend the definition of 'prescribed administrative action' to decisions relating to parole, firearms licences and security guard licences, and enable new categories of prescribed administrative action to be prescribed by the regulations. This schedule would also improve ASIO's ability to communicate information to other Commonwealth agencies, a state or authorities of a state for certain prescribed administrative actions, while also clarifying that a decision under the Foreign Acquisitions and Takeovers Act 1975 does not constitute prescribed administrative action. Schedule 1 would require ASIO to notify the Inspector-General of Intelligence and Security where certain security assessments are not furnished within 12 months.

Schedule 2 would improve cover employment arrangements and protections for employees of ASIO, ASIS and the Australian Signals Directorate, while separately consolidating a number of secrecy offences in the Intelligence Services Act. Schedule 2 would also strengthen identity protections for ASIO and ASIS staff and agents under the Archives Act and would modernise the publication offence in the ASIO Act, which makes it an offence to make public the identity of current or former ASIO employees and affiliates, to account for developments in technology and modern communications.

Schedule 3 of the bill would clarify and streamline processes for ministerial authorisations and warrants for ASIS, ASD and AGO. Schedule 4 would introduce further oversight of ASIO's work on security assessments and security clearance related activities, including by requiring ASIO to notify the Inspector-General of Intelligence and Security where a security clearance decision or security clearance suitability assessment has taken more than 12 months to finalise. This schedule would also amend the ASIO Act to enable the Director-General of Security to delegate their power to furnish non-prejudicial security clearance suitability assessments to an ASIO employee, regardless of their position.

Collectively, these reforms address 12 of the recommendations of the Comprehensive Review of the Legal Framework of the National Intelligence Community that relate to security assessments, the protection of identities and information, authorisations for intelligence activities and oversight. Separate to the recommendations of the Richardson review, the bill would also clarify the operation of existing provisions of the ASIO Act and the IS Act and update the publication offence of the ASIO Act to take into account developments in technology and modern communications.

The measures in this bill will support Australia's national security agencies by strengthening identity protections for employees, increasing operational flexibility and sharing of information, clarifying some authorities to provide greater certainty and supporting quicker processing of security clearance suitability assessments. The bill will also promote increased oversight of national security agencies by introducing additional safeguards to provide oversight of ASIO's work on security assessments and vetting, and limiting who can exercise certain powers.

The coalition will always support sensible changes to ensure our legislation is fit for purpose to enable our intelligence agencies to effectively perform their vital roles and ensure this performance is subject to appropriate oversight. As such, we will be supporting the passage of this bill.