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Hansard
- Start of Business
- PARLIAMENTARY OFFICE HOLDERS
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BILLS
- Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018, Aged Care Quality and Safety Commission Bill 2018, Aged Care Quality and Safety Commission (Consequential Amendments and Transitional Provisions) Bill 2018, Customs Amendment (Product Specific Rule Modernisation) Bill 2018, Foreign Influence Transparency Scheme Legislation Amendment Bill 2018, Modern Slavery Bill 2018, My Health Records Amendment (Strengthening Privacy) Bill 2018, Office of National Intelligence Bill 2018, Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018, Copyright Amendment (Online Infringement) Bill 2018, Defence Amendment (Call Out of the Australian Defence Force) Bill 2018, Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018, Higher Education Support Amendment (VET FEE-HELP Student Protection) Bill 2018, Intelligence Services Amendment Bill 2018, Migration Amendment (Family Violence and Other Measures) Bill 2018, Road Vehicle Standards Bill 2018, Road Vehicle Standards (Consequential and Transitional Provisions) Bill 2018, Road Vehicle Standards Charges (Imposition—Customs) Bill 2018, Road Vehicle Standards Charges (Imposition—Excise) Bill 2018, Road Vehicle Standards Charges (Imposition—General) Bill 2018
- Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Bill 2018, Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2018
- Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
- COMMITTEES
- BILLS
- COMMITTEES
- DELEGATION REPORTS
- COMMITTEES
- BILLS
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STATEMENTS BY MEMBERS
- al-Araibi, Mr Hakeem
- Taxation
- al-Araibi, Mr Hakeem
- Menzies Electorate: Sport
- Beagley, Archdeacon William 'Bill' Alan
- Mitiamo Pipeline
- Lalor Electorate: Medicare
- Queensland: Floods
- Climate Change
- Black Saturday Bushfires: 10th Anniversary
- Queensland: Floods
- Dunkley Electorate: Ballarto Road
- Canberra Electorate: Drones
- Cairns: Fishing Industry
- Kingston Electorate: Adelaide Coastal Trail
- Brisbane Electorate: Infrastructure
- Shipping
- Taxation
- Employment
- Veterans
- CONDOLENCES
- STATEMENTS ON INDULGENCE
- MINISTERIAL ARRANGEMENTS
- DISTINGUISHED VISITORS
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QUESTIONS WITHOUT NOTICE
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Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
(Shorten, Bill, MP, Morrison, Scott, MP) -
Economy
(Crewther, Chris, MP, Morrison, Scott, MP) -
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
(Bowen, Chris, MP, Morrison, Scott, MP) -
Small Business
(Evans, Trevor, MP, Frydenberg, Josh, MP) -
Liberal Party Leadership
(Albanese, Anthony, MP) -
Cattle Industry
(Katter, Bob, MP, Morrison, Scott, MP) -
Economy
(Wallace, Andrew, MP, Frydenberg, Josh, MP) -
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
(Plibersek, Tanya, MP, Frydenberg, Josh, MP) -
Employment
(Marino, Nola, MP, O'Dwyer, Kelly, MP) -
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
(O'Neil, Clare, MP, Frydenberg, Josh, MP) - Infrastructure
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Taxation
(Dreyfus, Mark, MP, Robert, Stuart, MP) -
Queensland: Floods
(Entsch, Warren, MP, Littleproud, David, MP) -
Taxation
(Dreyfus, Mark, MP) -
Australian Natural Disasters
(Christensen, George, MP, Keenan, Michael, MP)
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Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
- DOCUMENTS
- AUDITOR-GENERAL'S REPORTS
- DOCUMENTS
- STATEMENT BY THE SPEAKER
- MATTERS OF PUBLIC IMPORTANCE
- COMMITTEES
- STATEMENT BY THE SPEAKER
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BILLS
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Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018
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Consideration of Senate Message
- Smith, Tony, MP
- Porter, Christian, MP
- Burke, Tony, MP
- Bandt, Adam, MP
- Pyne, Christopher, MP
- Burke, Tony, MP
- Division
- Smith, Tony, MP
- Division
- Smith, Tony, MP
- Division
- Pyne, Christopher, MP
- Shorten, Bill, MP
- Phelps, Kerryn, MP
- Morrison, Scott, MP
- Burke, Tony, MP
- Division
- Smith, Tony, MP
- Division
- Smith, Tony, MP
- Division
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Consideration of Senate Message
-
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018
- COMMITTEES
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BILLS
- Electoral Legislation Amendment (Modernisation and Other Measures) Bill 2018
- Treasury Laws Amendment (Making Sure Foreign Investors Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2018, Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2018, Income Tax Rates Amendment (Sovereign Entities) Bill 2018
- ADJOURNMENT
- NOTICES
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Federation Chamber
- Start of Business
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CONSTITUENCY STATEMENTS
- Fava, Mrs Grazia (Grace), Luke, Ms Julie
- Bennelong Electorate: Australia Day Awards
- Solomon Electorate
- Menzies Electorate: Roads
- Workplace Relations
- Murray-Darling Basin
- Chifley Electorate: Community Volunteers, Cameron, Ms Lynette
- La Trobe Electorate: Sikh Community
- Tasmania: Housing Affordability
- San Remo Channel Challenge, Gordon, Mr Michael
- Wills Electorate: Australia Day Awards, Wills Electorate: Stronger Communities Program
- Dividend Imputation
- Aged Care
- Swan Electorate: Roads
- Cunningham Electorate: Australia Day Awards
- Live Animal Exports
- Good Samaritan Inn, Orange Sky
- Boothby Electorate: Australia Day Awards
- Dobell Electorate: Mining
- GRIEVANCE DEBATE
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QUESTIONS IN WRITING
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Taxation (Question No. 1008)
(Sharkie, Rebekha, MP, Frydenberg, Josh, MP) -
Medicare and Pharmaceutical Benefits Scheme (Question No. 1020)
(Zappia, Tony, MP, Keenan, Michael, MP) -
Braddon Electorate: Telecommunications (Question No. 1035)
(Keay, Justine, MP, Fletcher, Paul, MP) -
Department: Office Space (Question No. 1082)
(Keogh, Matt, MP, Hunt, Greg, MP) -
Department of Health: Travel (Question No. 1112)
(Keogh, Matt, MP, Hunt, Greg, MP) -
Ricketson, Mr James (Question No. 1129)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
Cambodia (Question No. 1130)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
Shark Fishing (Question No. 1140)
(Sharkie, Rebekha, MP, Price, Melissa, MP) -
Fossil Fuel (Question No. 1145)
(Georganas, Steve, MP, Morrison, Scott, MP) -
Fossil Fuel (Question No. 1147)
(Georganas, Steve, MP, Pyne, Christopher, MP) -
Australian Pesticides and Veterinary Medicines Authority (Question No. 1148)
(Fitzgibbon, Joel, MP, Littleproud, David, MP) -
Employment: Overseas Workers (Question No. 1146)
(Georganas, Steve, MP, Dutton, Peter, MP) -
Darwin City Deal (Question No. 1150)
(Gosling, Luke, MP, Tudge, Alan, MP) -
Pensions and Benefits (Question No. 1176)
(Sharkie, Rebekha, MP, Fletcher, Paul, MP) -
National Drug Strategy (Question No. 1178)
(Sharkie, Rebekha, MP, Hunt, Greg, MP) -
Complementary Medicines (Question No. 1180)
(Zappia, Tony, MP, Hunt, Greg, MP) -
Asylum Seekers (Question No. 1181)
(Danby, Michael, MP, Coleman, David, MP) -
Sanctions (Question No. 1182)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
Sanctions (Question No. 1183)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
Sanctions (Question No. 1184)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
National Disability Insurance Scheme (Question No. 1185)
(Katter, Bob, MP, Fletcher, Paul, MP) -
Water (Question No. 1186)
(Sharkie, Rebekha, MP, Littleproud, David, MP) -
Oxley Electorate: Australia Post (Question No. 1187)
(Dick, Milton, MP, Fletcher, Paul, MP) -
Australian Law Reform Commission (Question No. 1188)
(Sharkie, Rebekha, MP, Morrison, Scott, MP) -
Inspiring Australia—Science Engagement Program (Question No. 1189)
(Sharkie, Rebekha, MP, Andrews, Karen, MP) -
Climate Change (Question No. 1190)
(Sharkie, Rebekha, MP, Price, Melissa, MP) -
Environment (Question No. 1191)
(Sharkie, Rebekha, MP, Littleproud, David, MP) -
Energy (Question No. 1192)
(Sharkie, Rebekha, MP, Taylor, Angus, MP) -
Transport: Emissions (Question No. 1193)
(Sharkie, Rebekha, MP, McCormack, Michael, MP) -
Disability Support Pension (Question No. 1194)
(Sharkie, Rebekha, MP, Fletcher, Paul, MP) -
Disability Support Pension (Question No. 1195)
(Sharkie, Rebekha, MP, Fletcher, Paul, MP) -
Newstart (Question No. 1197)
(Sharkie, Rebekha, MP, O'Dwyer, Kelly, MP) -
National Disability Insurance Scheme (Question No. 1199)
(Sharkie, Rebekha, MP, Fletcher, Paul, MP) -
Newstart (Question No. 1200)
(Sharkie, Rebekha, MP, O'Dwyer, Kelly, MP) -
National Disability Insurance Scheme (Question No. 1202)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1203)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1204)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1205)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1206)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1207)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1208)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
National Disability Insurance Scheme (Question No. 1209)
(Bird, Sharon, MP, Fletcher, Paul, MP) -
Returned and Services League of Australia (Question No. 1211)
(Katter, Bob, MP, Chester, Darren, MP) -
Future Fund (Question No. 1212)
(Sharkie, Rebekha, MP, Frydenberg, Josh, MP) -
Government Advertising (Question No. 1217)
(Keogh, Matt, MP, Taylor, Angus, MP) -
Veterans' Affairs (Question No. 1218)
(Sharkie, Rebekha, MP, Chester, Darren, MP) -
Veterans' Affairs (Question No. 1219)
(Sharkie, Rebekha, MP, Chester, Darren, MP) -
Veterans' Affairs (Question No. 1220)
(Sharkie, Rebekha, MP, Chester, Darren, MP) -
Murray-Darling Basin Authority (Question No. 1221)
(Sharkie, Rebekha, MP, Littleproud, David, MP) -
Mayo Electorate: Road Safety (Question No. 1222)
(Sharkie, Rebekha, MP, McCormack, Michael, MP) -
Mayo Electorate: Roads (Question No. 1223)
(Sharkie, Rebekha, MP, McCormack, Michael, MP) -
Mayo Electorate: SteamRanger Heritage Railway (Question No. 1224)
(Sharkie, Rebekha, MP, McCormack, Michael, MP) -
Mayo Electorate: Grants (Question No. 1226)
(Sharkie, Rebekha, MP, Chester, Darren, MP) -
Mayo Electorate: Grants (Question No. 1227)
(Sharkie, Rebekha, MP, Pyne, Christopher, MP) -
Mayo Electorate: Yankalilla Football Club (Question No. 1228)
(Sharkie, Rebekha, MP, Littleproud, David, MP) -
Mayo Electorate: Aged Care (Question No. 1229)
(Sharkie, Rebekha, MP, Wyatt, Ken, MP) -
Mayo Electorate: Mental Health (Question No. 1230)
(Sharkie, Rebekha, MP, Hunt, Greg, MP) -
Mayo Electorate: Prospect Hill (Question No. 1231)
(Sharkie, Rebekha, MP, McCormack, Michael, MP) -
Department of Veterans' Affairs (Question No. 1234)
(Rishworth, Amanda, MP, Chester, Darren, MP) -
Department of Veterans' Affairs (Question No. 1235)
(Rishworth, Amanda, MP, Chester, Darren, MP)
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Taxation (Question No. 1008)
Page: 114
Mr DREYFUS (Isaacs—Deputy Manager of Opposition Business) (18:30): by leave—On the morning of 6 December 2018, the last parliamentary sitting day of 2018, the government introduced 173 amendments to the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 in response to the Parliamentary Joint Committee on Intelligence and Security's 17 recommendations, which had been delivered only a day earlier in the committee's report of 5 December. The government's amendments did not fully implement the committee's recommendations. Labor agreed to support the passage of the access bill and the government's 173 amendments on the condition that, first, the new laws be immediately referred to the committee for inquiry and report by 3 April 2019 and, second, that the government agree to facilitate consideration of Labor's proposed amendments that would have made the access bill conform to most of the committee's recommendations in the new year in government business time. On behalf of the government, Senator Mathias Cormann agreed to those conditions. As recorded in Hansard, Senator Cormann also said that the government supported in principle all amendments that are consistent with the committee's recommendations. Since then the government has tried to resile from that commitment.
It is not tenable to argue, as the government continues to argue, that its amendments largely implemented the committee's 17 recommendations. No reasonable person accepts that. The Inspector-General of Intelligence and Security, who has made a public submission to the committee, doesn't accept it. Industry doesn't accept it. Lawyers and other civil society groups don't accept it. The Commonwealth Ombudsman has even told the committee that the government's amendments are inconsistent with the Ombudsman's role as an independent and impartial office. This fiasco of law making is what a job well done looks like to this chaotic government. To make the legislation conform to the committee's recommendations we will be moving amendments to the Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019 when it is introduced into the Senate.
The most fundamental of the committee's recommendations in its 5 December report were recommendations 9 and 10, both of which relate to the meaning of the term 'systemic weakness'. The access bill as originally introduced prohibited an agency from forcing a provider to implement any kind of 'systemic weakness' or 'systemic vulnerability' into a form of electronic protection. However, the committee heard a considerable amount of evidence from industry, digital rights groups, lawyers and technology experts that it was not clear what those terms actually meant. If left unclarified, many submitters were concerned that the systemic weakness or vulnerability limitation would not prevent an agency from requiring a provider do acts or things that would or could compromise the security of the critical systems or result in the personal information of innocent third parties being left vulnerable to hackers, including bank details, health records and private correspondence.
We are not aware of any impacted companies, technical experts, non-government organisations or individuals who accept that the government's rushed amendments implemented the critical recommendations of the committee in relation to the meaning of 'systemic weakness' or 'systemic vulnerability'. In fact, there is broad agreement that, instead of clarifying the meaning of the term 'systemic weakness', the government's amendments have created additional confusion. Technology experts have gone as far as calling the government's amendments 'an abomination'. The amendments Labor introduced on the final sitting day of last year would have implemented recommendations 9 and 10 in full. Those amendments are supported by the major industry groups. The government's amendments are supported by no-one, other than the Morrison government and its incompetent Minister for Home Affairs.
If Labor's proposed amendments are not acceptable, we think that the government must explain to the Australian technology industry and, more importantly, to the Australian people, precisely why it is opposing amendments that would make them safer and make this law operate as the Director-General of ASIO says it's intended to. Why would the government oppose amendments that make it clear that an agency may not require a provider to do anything that could, either knowingly or unknowingly, compromise the security of an innocent third-party's personal information?
This amendment is not some minor, technical matter to be left in the too-hard basket by a government distracted by its internal chaos and focused on nothing but clinging to power. This amendment is necessary to help protect the personal information and, therefore, the security of virtually every Australian who has a smartphone or who uses the internet.
We do not suggest that the full implementation of all of the committee's recommendations would address all of the concerns that have been expressed by stakeholders about the measures that were introduced by the access act. To the contrary, the reason why Labor insisted that the access act be referred to the committee for an immediate inquiry is that the committee did not have enough time to properly consider the access bill.
Labor has a longstanding commitment to ensuring that our agencies have the powers they need to keep Australians safe while also ensuring that such powers are subject to strong and effective oversight and safeguards, and do not give rise to adverse unintended consequences. We believe that strong and effective oversight does not undermine our national security: it enhances it. Public trust and confidence in our security and intelligence agencies are best ensured through strong and rigorous oversight and scrutiny.
In the context of this legislation, and consistent with our longstanding commitment to ensuring that significant powers are subject to appropriate safeguards and oversight, Labor believes that the new powers introduced by the access act should be subject to greater judicial oversight. As a matter of principle, Labor does not believe that the Attorney-General or a senior police officer should be given the power to compel an innocent person unconnected to an investigation to provide technical assistance to a government agency without a warrant, yet this is what the access act currently allows.
While this week's debate is confined to implementing the committee's 17 recommendations, this is an issue that Labor is committed to addressing in the future. In addition, given the impacts that this legislation has already had on Australia's technology industry, Labor is committed to referring the measures introduced by this legislation to a parliamentary committee for inquiry and report on their economic impacts. It's vital that the economic impacts of this legislation are properly considered and, if necessary, amendments are made to reduce any unnecessary impact on Australian businesses.