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TELECOMMUNICATIONS INTERCEPTION AND INTELLIGENCE SERVICES LEGISLATION AMENDMENT BILL 2010

Order of the day read for the adjourned debate on the motion of the Minister for Small Business (Senator Sherry)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary for School Education and Workplace Relations (Senator Collins) tabled a supplementary explanatory memorandum relating to the government amendment to be moved to the bill.


Bill debated.

Senator Ludlam moved the following amendment:

 Schedule 6, page 29 (after line 5), after item 17, insert:

 17A Before paragraph 94(1A)(a)

  Insert:

 (aa) the total number of requests made under paragraph 19A(2)(b) to the Organisation during the year for co-operation and assistance under section 19A; and

 (ab) the name of each body which made a request under paragraph 19A(2)(b) during the year; and

 (ac) a summary of the purpose or purposes for which each request under paragraph 19A(2)(b) during the year was made; and

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 5

Senators—

Brown, Bob

Hanson-Young

Ludlam

Milne

Siewert (Teller)

NOES, 33

Senators—

Bilyk

Birmingham

Bishop

Brandis

Brown, Carol

Bushby

Cameron

Crossin

Farrell

Faulkner

Feeney

Fielding

Fierravanti-Wells

Fifield

Forshaw

Hurley

Hutchins

Kroger

Lundy

Marshall

McEwen

McLucas

Moore

O'Brien

Parry

Polley

Pratt

Sherry

Stephens

Sterle

Troeth

Williams (Teller)

Wortley

Question negatived.

On the motion of Senator Sherry the following amendment was debated and agreed to:

 Page 33 (after line 5), at the end of the bill, add:

  

Schedule 8—Membership of Parliamentary Joint Committee on Intelligence and Security

 

Intelligence Services Act 20010

 1 Subsection 28(2)

  Repeal the subsection, substitute:

  (2) The Committee is to consist of 11 members, 5 of whom must be Senators and 6 of whom must be members of the House of Representatives.

 2 Paragraph 8(1)(b) of Schedule 1

  Repeal the paragraph, substitute:


 (b) either of the following happens before the Committee reports on the matter:

 (i) the Committee as so constituted ceases to exist;

 (ii) the constitution of the Committee changes;

 3 Paragraph 18(1)(a) of Schedule 1

  Omit "5", substitute "6".

 4 Transitional—existing appointments not affected

  The amendments made by this Schedule do not affect an appointment, made before the commencement of this item, of a Senator or member of the House of Representatives as a member of the Parliamentary Joint Committee on Intelligence and Security.

Bill, as amended, agreed to.

Bill to be reported with an amendment.

The Acting Deputy President (Senator Moore) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator Sherry the report from the committee was adopted and the bill read a third time.