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Intelligence Services Amendment (Enhanced Parliamentary Oversight of Intelligence Agencies) Bill 2018

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8721 revised

2019

 

The Parliament of the Commonwealth of Australia

 

THE SENATE

 

 

 

 

Intelligence Services Amendment (Enhanced Parliamentary Oversight of Intelligence Agencies) Bill 2018

 

 

(Amendments to be moved by Senator Patrick in committee of the whole)

 

(1)           Schedule 1, item 2, page 3 (line 13), omit “ONA”, substitute “ONI”.

[Office of National Intelligence]

 

(2)           Schedule 1, item 3, page 3 (line 17) to page 4 (line 32), omit section 29A, substitute:

 

29A Ceasing or suspending review of agency activities

(1)     If:

(a)     the Committee undertakes a review under section 29 of an activity by ASIO, ASIS,

AGO, DIO, ASD or ONI; and

(b)     the relevant responsible Minister is of the opinion that:

(i)     the activity is an ongoing operation; and

(ii)     the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia’s national security or the conduct of Australia’s foreign relations;

the Minister may give to the Committee a certificate in relation to the matter stating the Minister’s opinion and the reasons for it.

(2)     Where the Minister gives a certificate under subsection (1) in relation to a review, the Committee must cease or suspend the review.

(3)     If the Minister:

(a)     becomes aware that the activity is no longer ongoing; or

(b)     is no longer of the opinion that the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia’s national security or the conduct of Australia’s foreignrelations;

the Minister must, within 28 days after becoming aware of the fact or forming the view:

(c)     revoke the certificate; and

(d)     inform the Committee in writing.



(4)     If the Minister revokes a certificate in accordance with subsection (3), the Committee may proceed with the review, or commence a new review into the activity.

[ceasing or suspending review]