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National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Amends the: Acts Interpretation Act 1901, Australian Security Intelligence Organisation Act 1979 and Telecommunications (Interception and Access) Act 1979 to prohibit the conferral of certain powers of the Attorney-General upon another minister; Law Officers Act 1964 to remove the ability of the Attorney-General to delegate certain powers; Criminal Code Act 1995 to provide defences for four offences relating to tampering or interfering with telecommunications carrier facilities, unauthorised modification of data and unauthorised impairment of electronic communications; Intelligence Services Act 2001 to: amend the membership of the Parliamentary Joint Committee on Intelligence and Security; and provide that the minister may direct the Australian Secret Intelligence Service to undertake activities of a specific or general nature, or by way of a class or classes; Crimes Act 1914 to enable the Australian Security Intelligence Organisation (ASIO) to use, record and disclose spent convictions information; Inspector-General of Intelligence and Security Act 1986 and Public Interest Disclosure Act 2013 to provide annual reporting requirements in relation to public interest disclosures received by, and complaints made to, the Inspector-General of Intelligence and Security (IGIS); Ombudsman Act 1976 to remove six intelligence agencies from the Commonwealth Ombudsman’s jurisdiction; Freedom of Information Act 1982 to remove the exemption for documents relating to the non-intelligence functions of the Australian Hydrographic Office; Administrative Appeals Tribunal Act 1975 and Archives Act 1983 to require proceedings in relation to security records under the Archives Act 1983 to be heard in the Security Division of the Administrative Appeals Tribunal (AAT); and Freedom of Information Act 1982 and Archives Act 1983 to provide that the IGIS is obliged to provide evidence in proceedings only where the material in the proceedings relates to agencies the IGIS oversees.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 29/03/23  
Second reading moved 29/03/23  
Second reading debate 23/05/23  
Referred to Federation Chamber 23/05/23  
Second reading debate 25/05/23  
Second reading agreed to 25/05/23  
Reported from Federation Chamber 25/05/23  
Third reading agreed to 25/05/23  
     
Senate
Introduced and read a first time 13/06/23  
Second reading moved 13/06/23  
Second reading debate 03/08/23  
Second reading debate 07/08/23  
Second reading agreed to 07/08/23  
Committee of the Whole debate 07/08/23  
Third reading moved 07/08/23  
Third reading debated 07/08/23  
Third reading agreed to 07/08/23  
     
Finally passed both Houses 07/08/23  
Assent 11/08/23 Act no: 53 - Year: 2023
     

Text of bill

  • First reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Addendum to explanatory memorandum

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Second reading speeches


Proposed amendments

Senate
  • CW - Australian Greens [sheet 2055]
SHOEBRIDGE, Sen David

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  • CW - Jacqui Lambie Network [sheet 2058]
LAMBIE, Sen Jacqui

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  • CW - Opposition [sheet 1979]
PATERSON, Sen James

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  • CW - Opposition [sheet 1982]
PATERSON, Sen James

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Schedules of amendments

Bills Digest



Notes
  • Referred to Committee (29/03/2023): Parliamentary Joint Committee on Intelligence and Security; Committee report (12/05/2023)
  • Considered by scrutiny committee (09/05/2023): Parliamentary Joint Committee on Human Rights; Report 5 of 2023
  • Considered by scrutiny committee (10/05/2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 7 of 2023
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)