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INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY BILL 1986
AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION AMENDMENT BILL 1986
INTELLIGENCE AND SECURITY (CONSEQUENTIAL AMENDMENTS) BILL 1986

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bills.

In the Committee

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY BILL 1986-

Consideration resumed of the Bill and of the amendments moved thereto by Senator Durack, viz:

Page 2, sub-clause 3 (1), definition of ""human rights'', lines 24 and 25, leave out the definition.

Page 3, paragraph 4 (b), lines 35 and 36, leave out the paragraph.

Page 5, sub-paragraph 8 (1) (a) (v), lines 4 to 7, leave out the sub-paragraph.

Pages 5 and 6, sub-paragraph 8 (2) (a) (iv), line 43 (page 5) to line 2 (page 6), leave out the sub-paragraph.

Page 6, sub-paragraph 8 (3) (b) (i), lines 21 to 24, leave out the sub-paragraph.

Question-That the amendments be agreed to-put and negatived.

Senator Durack moved an amendment, viz: Page 5, paragraph 8 (1) (d), lines 22 to 31, leave out the paragraph.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 23

Senators- Alston Archer Baume, Michael Bjelke-Petersen Brownhill Carrick, Sir John Collard Durack Guilfoyle, Dame Margaret Hamer Harradine Kilgariff (Teller) MacGibbon Messner Newman Parer Puplick Reid Sheil Short Townley Watson Withers

NOES, 33

Senators- Black Childs Coates Cook Cooney Crowley Devlin Elstob Foreman Georges Giles Grimes Haines Jones McClelland McIntosh McKiernan Macklin Maguire Mason Morris Powell Ray Reynolds Richardson Robertson (Teller) Ryan Sanders Sibraa Tate Vigor Walsh Zakharov

And so it was negatived.

Senator Durack moved an amendment, viz: Page 18, after clause 36, add the following new clause:

Termination of Act

""37. This Act, unless sooner repealed, shall cease to be in force at the expiration of 3 years after the day referred to in section 2.''.

Debate ensued.

Question-That the words proposed to be added be added-put.

The Committee divided-

AYES, 24

Senators- Alston Archer Baume, Michael Bjelke-Petersen Brownhill Carrick, Sir John Collard Durack Guilfoyle, Dame Margaret Hamer Harradine Kilgariff (Teller) MacGibbon Messner Newman Parer Puplick Reid Sheil Short Townley Vanstone Watson Withers

NOES, 33

Senators- Black Childs Coates Cook Cooney Crowley Devlin Elstob Foreman Georges Giles Grimes Haines Jones McClelland McIntosh McKiernan Macklin Maguire Mason Morris Powell Ray Reynolds Richardson Robertson (Teller) Ryan Sanders Sibraa Tate Vigor Walsh Zakharov

And so it was negatived.

Bill agreed to.

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION AMENDMENT BILL 1986-

Clauses 1 to 22, by leave, taken together, debated and agreed to.

Clause 23 read-

On the motion of the Minister for Resources and Energy (Senator Evans) the following amendment was debated and agreed to, viz:

Page 12, lines 14 to 16, leave out the clause, insert the following clause:

Findings of Tribunal

""23. Section 60 of the Principal Act is amended-

(a) by omitting from sub-section (1) ""or as to the question to which the assessment relates''; and

(b) by inserting after sub-section (1) the following sub-section:

"(1a) The Tribunal shall not make findings in relation to an assessment that would, under section 61, have the effect of superseding any information that is, under sub-section 37 (2), deemed to be part of the assessment unless those findings state that, in the opinion of the Tribunal, the information is incorrect, incorrectly represented or could not reasonably be relevant to the requirements of security.'.''.

Clause 23, as amended, agreed to.

Clauses 24 to 38, by leave, taken together and agreed to.

Clause 39 read-

Senator Macklin moved an amendment, viz: Page 17, after proposed new sub-section 92c (4), add the following new sub-section:

""(5) Sub-section (4) shall not be taken to apply to a matter, an aspect of the activities of the Organization or a proposed inquiry unless the Minister has given to the Presiding Member or to the member exercising the powers of the Presiding Member a certificate stating that the Minister is satisfied that the matter, aspect or proposed inquiry, as the case may be, is one to which sub-section (4) applies.''.

Debate ensued.

Question-That the words proposed to be added be added-put and negatived.

Senator Macklin moved a further amendment, viz: Page 19, proposed new sub-section 92f (2), lines 13 and 14, leave out "", with the approval of the Minister,''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

On the motion of Senator Durack the following amendment was debated and agreed to, viz: Page 24, proposed new section 92P, lines 5 to 9, leave out the proposed new section.

Clause 39, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

INTELLIGENCE AND SECURITY (CONSEQUENTIAL AMENDMENTS) BILL 1986-

Clauses 1 to 10, by leave, taken together and agreed to.

Clause 11 read-

Senator Durack moved an amendment, viz: Page 3, lines 20 and 21, leave out the clause, insert the following new clause:

""11. Section 24A of the Principal Act is amended-

(a) by adding at the end of paragraph (a) "or to excite disaffection against the Sovereign'; and

(b) by omitting paragraphs (b), (c) and (e).''.

Debate ensued.

Question-That the words proposed to be left out be left out-put.

The Committee divided-

AYES, 25

Senators- Alston Archer Baume, Michael Bjelke-Petersen Brownhill Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Kilgariff MacGibbon Messner Newman Parer Puplick Sheil (Teller) Short Townley Vanstone Watson Withers

NOES, 33

Senators- Black Childs Coates Cook Cooney Crowley Devlin Elstob Evans Foreman Georges Giles Haines Jones McClelland McIntosh (Teller) McKiernan Macklin Maguire Mason Morris Powell Ray Reynolds Richardson Robertson Ryan Sanders Sibraa Tate Vigor Walsh Zakharov

Amendment negatived accordingly.

Clause 11 agreed to.

Clauses 12 to 18, by leave, taken together and agreed to.

Clause 19 agreed to.

Clauses 20 to 26, by leave, taken together and agreed to.

Clause 27 read-

Senator Durack moved an amendment, viz: Page 7, paragraph (a), proposed new sub-section 7(4), line 13, leave out ""Penalty: $5,000 or imprisonment for 2 years'', insert ""Penalty: $25,000 or imprisonment for 5 years''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Clause 27 agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

Inspector-General of Intelligence and Security Bill 1986 to be reported without amendment, Australian Security Intelligence Organization Amendment Bill 1986 to be reported with amendments and Intelligence and Security (Consequential Amendments) Bill 1986 to be reported without amendment.

The Acting Deputy-President (Senator Giles) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Evans the Report from the Committee was adopted, and the Bills read a third time.