Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I present two government responses to committee reports as listed on today's Order of Business. In accordance with the usual practice, I seek leave to incorporate the documents in Hansard.

Leave granted.

The documents read as follows—

GOVERNMENT RESPONSE TO THE ADVISORY REPORT OF THE PARLIAMENTARY JOINT COMMITTEE ON INTELLIGENCE AND SECURITY ON THE CRIMES AND OTHER LEGISLATION AMENDMENT (OMNIBUS NO. 1) BILL 2024

Introduction

The Government thanks the Parliamentary Joint Committee on Intelligence and Security (the Committee) for its review of the Crimes and Other Legislation Amendment (Omnibus No.1) Bill 2024, and is pleased to provide the following response to the Committee's recommendations.

Recommendation One

The Committee recommends that the Bill be amended to provide that the definition of 'prescribed investigation' in section 5(1) of the Telecommunications (Interception and Access) Act 1979 include, for the purposes of the Parliamentary Inspector of the Crime and Corruption Commission (WA), an investigation that the Parliamentary Inspector is conducting in the performance of the Parliamentary Inspector's functions under the Corruption, Crime and Misconduct Act 2003 (WA).

The Government accepts this recommendation and has introduced amendments to Schedule 5 of the Bill to implement this recommendation.

Recommendation Two

The Committee recommends that, as part of the proposed electronic surveillance reforms or other future reforms to the Telecommunications (Interception and Access) Act 1979, the Government consider whether state-based oversight bodies should be given access to stored communications and telecommunications data held by the agencies within their jurisdiction, in addition to the access to lawfully intercepted information and interception warrant information conferred by the Bill.

The Government accepts this recommendation.

The Government will consider oversight arrangements for Commonwealth, state and territory law enforcement, integrity and anti-corruption agencies holistically as part of the electronic surveillance reform process. This will include consideration of the appropriate oversight body or bodies to oversee those agencies' use of electronic surveillance powers under a new Act, as well as arrangements to ensure effective oversight of those agencies' broader activities.

Recommendation Three

The Committee recommends that, as part of future reforms, the Government consider amending sections 110A, 176A, 187 and 187AA of the Telecommunications (Interception and Access) Act 1979 to:

The Government accepts this recommendation.

The Government will consider mechanisms to ensure appropriate parliamentary oversight of legislative instruments made under sections 110A, 176A, 187 and 187AA of the TIA Act that authorise new agencies to exercise powers or alter the nature of substantive powers or regulatory obligations, as part of the broader electronic surveillance reform. As part of this consideration, the Government will have regard to this recommendation of the Committee, and the specialised advice it may be able to provide the Parliament as part of the Parliament's consideration of disallowable instruments.

Recommendation Four

The Committee recommends that, subject to implementation of the recommendations in this report, the Crimes and Other Legislation Amendment (Omnibus No. 1) Bill 2024 be passed by the Parliament.

The Government accepts this recommendation.

Parliamentary Joint Committee on Intelligence and Security—Report on the Review of Administration and

Expenditure No. 21 (2021-2022) : Australian Intelligence Agencies—Government response .

On 26 June 2024, the Report on theReview of Administration and Expenditure No.21 (2021-22)—Australian Intelligence Agencies was tabled by the Parliamentary Joint Committee on Intelligence and Security and made one recommendation.

Recommendation 1

The Government accepts this recommendation.

The Government will provide an update on the progress of the REDSPICE program twice per year until the program concludes. This will comprise an update provided as part of the annual Administration and Expenditure submission to the Parliamentary Joint Committee on Intelligence and Security and a supplementary update provided to the Committee six months later.