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Independent National Security Legislation Monitor Bill 2010

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5904

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

National Security Legislation Monitor Bill 2009

 

 

(1)     Clause 4, page 4 (lines 26 and 27), omit the definition of National Security Legislation Monitor , substitute:

National Security Legislation Monitor means:

                     (a)  in Division 2 of Part 2, other than in subsection 11(1)—any one of the three members who constitute the panel appointed in accordance with section 11;

                     (b)  elsewhere in this Act—the panel of three members appointed in accordance with section 11.

[monitor to be a panel of three persons]

(2)     Clause 6, page 6 (line 19), at the end of paragraph (1)(b), add:

                     and (iii)  is consistent with Australia’s international obligations, including human rights obligations;

[consistency with international human rights obligations]

(3)     Clause 6, page 6 (line 22), at the end of subclause (1), add:

            ; and (d)  if a matter relating to Australia’s counter-terrorism or national security legislation is referred to the Monitor by the Australian Human Rights Commissioner—to report on the reference.

[references from human rights commissioner]

(4)     Clause 6, page 6 (line 22), at the end of subclause (1), add:

             ; and (e)  to assess whether Australia’s counter-terrorism or national security legislation is being used for matters unrelated to terrorism and national security.

[scope of legislation]

(5)     Clause 11, page 9 (line 4), after “Monitor”, insert “is to comprise a panel of three members, each of whom”.

[monitor to be a panel of three persons]

Amendments 6 to 14 are consequential upon amendments (1) and (5)

(6)     Clause 11, page 9 (lines 7 to 14), omit “the National”, substitute “a National” (wherever occurring).

(7)     Clauses 12, page 9 (lines 18 to 21), omit “The National”, substitute “Each National” (twice occurring).

(8)     Clause 13, page 9 (line 24), omit “The”, substitute “Each”.

(9)     Clause 13, page 9 (line 26), omit “the”, substitute “each”.

(10)   Clause 13, page 9 (line 28), omit “The”, substitute “Each”.

(11)   Clause 14, page 10 (line 4), omit “the”, substitute “each”.

(12)   Clauses 15 to 18, page 10 (lines 8 to 22), omit “The National”, substitute “Each National” (wherever occurring).

(13)   Clauses 19 and 20, page 11 (lines 2 to 24), omit “the National”, substitute “a National” (wherever occurring).

(14)   Clause 20, page 11 (lines 26 to 28), omit “the Monitor”, substitute “a Monitor” (twice occurring).

[appointment etc. of each member of monitor panel]

(15)   Clause 29, page 18 (after line 10), after subclause (2), insert:

          (2A)  If the National Security Legislation Monitor considers that the annual report contains information of the kind referred to in subsection (3), the Monitor must also prepare and give to the Prime Minister, at the same time as the annual report, a version of the report which does not contain that information (a declassified annual report ).

[annual reporting requirements]

(16)   Clause 29, page 18 (line 11), omit “The annual report must not contain”, substitute “The information specified by this subsection is information of the following kind”.

[annual reporting requirements]

(17)   Clause 29, page 19 (lines 3 to 16), omit subclauses (4) to (7), substitute:

             (4)  In determining whether an annual report contains information of the kind referred to in subsection (3), the National Security Legislation Monitor may consult the responsible Minister or responsible Ministers concerned.

             (5)  The Prime Minister must cause a copy of:

                     (a)  each annual report; or

                     (b)  if an annual report contains information of the kind referred to in subsection (3)—the corresponding declassified annual report;

to be presented to each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

[annual reporting requirements]

 



(18)   Clause 30, page 19 (after line 28), at the end of the clause, add:

             (4)  If the National Security Legislation Monitor considers that a report to the Prime Minister under subsection (1) or (3) contains information of the kind referred to in subsection 29(3), the Monitor must also prepare and give to the Prime Minister, at the same time as the report, a version of the report which does not contain that information (a declassified report ).

             (5)  In determining whether a report contains information of the kind referred to in subsection 29(3), the National Security Legislation Monitor may consult the responsible Minister or responsible Ministers concerned.

             (6)  The Prime Minister must cause a copy of:

                     (a)  each report under subsections (1) and (3); or

                     (b)  if a report contains information of the kind referred to in subsection 29(3)—the corresponding declassified report;

to be presented to each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report.

[reporting requirements]

(19)   Entire bill, including the title : Omit “National Security Legislation Monitor” (wherever occurring), substitute “Independent National Security Legislation Monitor”.

[Independent National Security Legislation Monitor]