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PUBLIC INTEREST DISCLOSURE BILL 2013E PUBLIC INTEREST DISCLOSURE (CONSEQUENTIAL AMENDMENTS) BILL 2013

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for School Education and Workplace Relations (Senator Collins)—That these bills be now read a second time.

Debate resumed.

Limitation of debate: The time allotted for the consideration of these bills expired.

Question—That these bills be now read a second time—put and passed.

Bills read a second time.

The following amendments in respect of the Public Interest Disclosure Bill 2013 circulated by the Australian Greens were considered:

 Page 22 (after line 7), at the end of Division 1, add:

  

24A Act of grace payments

  (1) The Minister may authorise one or more payments of an amount or amounts specified in the authorisation to a person who has made a public interest disclosure (even though the payment or payments would not otherwise be authorised by law or required to meet a legal liability), if:

 (a) the Minister is satisfied that the disclosure resulted inprotection or the reclaiming of public money; or

 (b) the Minister considers, in the Minister's absolute discretion, that there are reasons of public interest for making the payment or payments.

  (2) Nothing in subsection (1) has the effect of appropriating the Consolidated Revenue Fund for the purposes of making a payment under that subsection.

 Clause 31, page 31 (lines 31 to 34), omit paragraph (b).

 Clause 36, page 35 (line 29), before "An", insert "(1)".

 Clause 36, page 36 (line 3), at the end of the definition of authorised officer, add:

 ; or (c) in the case of a House of the Parliament:

 (i) a Senator or Member who belongs to that House or a public official who belongs to the Finance Department; and

 (ii) is appointed, in writing, by the principal officer of that House (with the agreement of the principal officer of the Finance Department, if the public official belongs to the Finance Department), as an authorised officer for the purposes of this Act.

 Clause 36, page 36 (after line 3), at the end of the clause, add:

  (2) For the purposes of paragraph (c) of the definition of authorised officer, the Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997.


 Clause 41, page 36 (lines 7 to 16), omit paragraphs (1)(a) and (b), substitute:

 (a) information that has originated with, or has been received from, an intelligence agency that is about, or that might reveal:

 (i) a source of information; or

 (ii) the technologies or methods used, proposed to be used, or being developed for use, by an intelligence agency to collect, analyse, secure or otherwise deal with, information; or

 (iii) operations that have been, are being, or are proposed to be, undertaken by an intelligence agency;

 Clause 41, page 36 (line 32), omit "(b),".

 Clause 69, page 61 (after table item 12), insert:

12AA Senator.The Senate.

12BA member of the House of Representatives.The House of Representatives.

12CA person employed under the Members of Parliament (Staff) Act 1984.Whichever of the following agencies is applicable:

(a) the Senate;

(b) the House of Representatives.

Clause 71, page 65 (after line 15), after paragraph (b), insert:

 (ba) a House of the Parliament; or

 Clause 73, page 67 (after table item 2), insert:

2AThe Senate.The President of the Senate.

2BThe House of Representatives.The Speaker of the House of Representatives.

Question—That the amendments be agreed to—put and negatived. All Australian Greens senators and Senator Xenophon, by leave, recorded their votes for the ayes.

The following amendment in respect of the Public Interest Disclosure Bill 2013 circulated by Senator Xenophon was considered:

 Page 74 (after line 7), at the end of Part 5, add:

  

84 Interception and access

  (1) Subsection (2) applies if the Minister is required to prepare a report for the purposes of section 99 or 161 of the Telecommunications (Interception and Access) Act 1979.

  (2) The report must set out, for each enforcement agency, statistics about applications, warrants, interceptions, notices and authorisations made in respect of persons who are:

 (a) members of either of the Houses of Parliament of the Parliament of Australia; or

 (b) members of a parliament of a State or Territory of Australia; or

 (c) journalists.


 (3) Notwithstanding paragraphs (h) and (i) of Column 3 of item 2 of the table in subsection 26(1), the report may refer to each of the following:

 (a) information that is intelligence information;

 (b) conduct that is concerned with or relates to an intelligence agency.

Question—That the amendment be agreed to—put and negatived. All Australian Greens senators and Senator Xenophon, by leave, recorded their votes for the ayes.

The following amendments in respect of the Public Interest Disclosure (Consequential Amendments) Bill 2013 circulated by the Australian Greens were considered:

 Schedule 1, page 6 (after line 15), after item 7, insert:

 7A After subsection 5(4)

  Insert:

  (4A) Paragraph (2)(d) does not prevent the Ombudsman from investigating action that, under subsection 5A(1), is taken to relate to a matter of administration.

 Schedule 1, item 8, page 6 (line 29), omit "it", substitute "the conduct, and any action taken by the agency in relation to the disclosure,".

Question—That the amendments be agreed to—put and negatived. All Australian Greens senators and Senator Xenophon, by leave, recorded their votes for the ayes.

Question—That the remaining stages of these bills be agreed to and these bills be now passed—put and passed.

Bills read a third time.