Mrs GALLUS (Parliamentary Secretary to the Minister for Foreign Affairs) (8:36 PM) —by leave—I present a supplementary memorandum and move government amendments (1) to (4), as circulated, together:

(a) the purpose for which the weapon or training is provided; and

(b) any conditions that must be complied with in relation to the provision of the weapon or training; and

(c) if the approval is for the provision of a weapon or training in the use of a weapon—the kind or class of weapon involved.

3 Reports to Inspector-General of Intelligence and Security

(a) a staff member or agent of ASIS uses a weapon for a purpose mentioned in any of subparagraphs 1(1)(b)(i) to (iii); and

(b) during that use the weapon is discharged;

the Director-General must, as soon as practicable, give to the Inspector-General of Intelligence and Security a written report of the discharge which explains the circumstances in which the discharge occurred.

Because there has been a fundamental change in the environments in which ASIS must work, the Intelligence Services Amendment Bill 2003 will allow ASIS to provide more adequately for the protection of its staff members and agents and enable it to work more closely with other agencies. Importantly, however, the bill retains the restraints on ASIS undertaking, in its own right, activities involving the use of force, including the use of weapons other than for the limited purpose of self-protection. Therefore ASIS will continue to conduct its activities in a nonviolent way. Amendments to the original bill were introduced to the House on 15 October 2003. Further amendments have been circulated. These amendments respond to the report of the Parliamentary Joint Committee on ASIO, ASIS and DSD on the Intelligence Services Amendment Bill 2003. That unanimous report was presented to parliament on 11 March 2004.

I commend the committee's report and record my appreciation for the work of the committee and the secretariat as well as those who participated in the private hearings held by the committee. The committee's report contains nine recommendations. The recommendations for the bill do not propose to expand or significantly change the activities ASIS could undertake, but relate mainly to strengthened oversight and accountability mechanisms. At this point, I present the government's response to the committee's report and table that response.

In summary, the government accepts recommendations 4, 5, 6, 8 and 9 as proposed. It also accepts recommendations 1, 2, 3 and 7 with some slight modifications. I will comment in detail on the amendments to the bill following from the recommendations of the committee. As I go through them, I think the members who have commented on this bill earlier tonight will see that many of their points have been taken up.

Recommendation 1 states that the bill:

ASIS already has extensive oversight mechanisms for the initial approval of its activities. All highly sensitive proposals are considered and either approved, or put aside, by the Minister for Foreign Affairs. Comment from the Department of Foreign Affairs and Trade is provided on all submissions to the minister.

The Inspector-General of Intelligence and Security has the responsibility to review the legality and propriety of all of ASIS's activities and this includes ASIS's compliance with ministerial approvals and directions. Notwithstanding these measures, the government accepts the recommendation. To address the first part of recommendation 1, amendment (2) specifies that ASIS should include in its annual report details of the number and broad nature of any cooperation by ASIS with an authority of another country in planning or undertaking of the foreign authority's activities which involve violence or planning for the use of violence. The annual report is available to relevant senior ministers and the Inspector-General of Intelligence and Security.

Amendment (1) of the further amendments refers to recommendation 1 of the committee's report. An approval under section 13(1)(c) of the Intelligence Services Act 2001 will not enable ASIS to cooperate with an authority of another country in the planning or undertaking of the foreign authority's activities covered by the proposed sections 6(4)(a) to (c) of the act unless the Minister for Foreign Affairs has consulted the Prime Minister and the Attorney-General before giving approval. In addition, and in implementation of the first part of recommendation 2, the Director-General of ASIS will issue classified internal protocols, separate to the guidelines on the use of weapons and self-defence techniques already required by the amendment, on the conduct of cooperation with foreign authorities where that cooperation could include planning or undertaking activities covered by the proposed sections 6(4)(a) to (c) of the act. These protocols would proscribe the involvement of ASIS in any activity intended to lead to assassination. A copy of these protocols will be provided to the Inspector-General of Intelligence and Security.

Recommendation 3 states:

The government agrees that the range of weapons to be used in ASIS training and activities be defined in the guidelines for the use of weapons and self-defence techniques. The definition would note that the provision of weapons will normally be limited to semiautomatic hand guns, pistols, and lesser or non-lethal weapons. However, it would not be prudent for the bill itself to be overly restrictive about the specific weapons to be utilised by ASIS staff members or agents.

Amendment (3) proposes that approval for the provision of a weapon or training in the use of a weapon or self-defence techniques must specify: the purpose for which the weapon or training is provided; any conditions that must be complied with in relation to the provision of the weapon or training; and, in particular, the kind or class of weapon involved.

Recommendation 7 states:

Under the existing Inspector-General of Intelligence and Security Act 1986 IGIS already undertakes review of ASIS activities. This would include any activity which resulted in such an incident.

Amendment (4) specifies that, where a staff member or agent discharges a weapon in the protection of a staff member or agent or person cooperating with ASIS in accordance with section 13 of the act, the Director-General must, as soon as practicable, give to IGIS a written report of the discharge which explains the circumstance in which it occurred.

I will comment briefly on two of the other recommendations. In accepting recommendation 2 the government notes that, given the independent oversight role of the Inspector-General of Intelligence and Security, it would not be appropriate for him to have a direct role in the approval of the guidelines on the use of weapons and self-defence techniques that the Director-General of ASIS is required to issue under the existing provisions of the bill. The government therefore proposes that the guidelines be produced in consultation with the inspector-general and with relevant departments and agencies and that the guidelines be referred to the National Security Committee of cabinet for approval. With regard to recommendation 9, the government accepts the recommendation in its entirety but notes that, in using the training and logistics models of the Australian Federal Police as a basis for developing training and logistics guidelines of its own, ASIS should not be precluded from undertaking additional training from other Commonwealth and state agencies, should there be a requirement for it.

From what I have said, it is clear the four amendments to the Intelligence Services Amendment Bill 2003 largely follow the recommendations of the committee on this important bill. As the Minister for Foreign Affairs stated when introducing this bill, the functions performed by ASIS are essential and highly valued and, in the current environment, have arguably never been more important to Australia. This bill strikes a balance between the need to allow ASIS to protect its people adequately and cooperate with other agencies effectively and the need to maintain ASIS as an organisation which carries out its own functions in a nonviolent way.