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The Parliament of the
Commonwealth of Australia
Presented and read a first time
Intelligence Services Legislation Amendment Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend the law relating to intelligence services, and for related purposes
Contents
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 1
3............ Schedules............................................................................................ 4
Schedule 1—Amendments 5
Part 1—Main amendments 5
Inspector-General of Intelligence and Security Act 1986 5
Intelligence Services Act 2001 17
Office of National Intelligence Act 2018 26
Parliamentary Joint Committee on Law Enforcement Act 2010 26
Part 2—Consequential amendments commencing with the main amendments 27
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 27
Australian Border Force Act 2015 29
Australian Citizenship Act 2007 30
Australian Crime Commission Act 2002 30
Australian Human Rights Commission Act 1986 33
Crimes Act 1914 34
Migration Act 1958 44
Ombudsman Act 1976 44
Privacy Act 1988 47
Public Interest Disclosure Act 2013 48
Security of Critical Infrastructure Act 2018 50
Surveillance Devices Act 2004 50
Telecommunications Act 1997 55
Telecommunications (Interception and Access) Act 1979 62
Part 3—Consequential amendments commencing after the NACC Act 73
National Anti-Corruption Commission Act 2022 73
Part 4—Consequential amendments commencing after the PID Amendment Act 74
Public Interest Disclosure Act 2013 74
Part 5—Consequential amendments commencing after the PID Amendment Act and the NACC (CTP) Act commence 75
Public Interest Disclosure Act 2013 75
Schedule 2—Contingent amendments 76
Part 1—Consequential amendments if the NACC (CTP) Act commences before the main amendments in Schedule 1 76
Australian Border Force Act 2015 76
Crimes Act 1914 76
Ombudsman Act 1976 76
Part 2—Consequential amendments if the main amendments in Schedule 1 commence before the NACC (CTP) Act 78
Australian Border Force Act 2015 78
Crimes Act 1914 78
Ombudsman Act 1976 78
Part 3—Consequential amendments commencing after the NACC (CTP) Act commences if the main amendments in Schedule 1 commence first 79
Australian Crime Commission Act 2002 79
Crimes Act 1914 79
Part 4—Consequential amendments if the NSLAB (No. 2) Act commences before the main amendments in Schedule 1 80
Ombudsman Act 1976 80
Part 5—Consequential amendments if the main amendments in Schedule 1 commence before the NSLAB (No. 2) Act 81
Ombudsman Act 1976 81
Part 6—Consequential amendments commencing after the NSLAB (No. 2) Act if the main amendments in Schedule 1 commence before the NSLAB (No. 2) Act 82
Ombudsman Act 1976 82
Schedule 3—Review of access to ACIC criminal intelligence assessment records under the archives law 83
Administrative Appeals Tribunal Act 1975 83
Schedule 4—Liability for certain computer-related acts 85
Criminal Code Act 1995 85
Schedule 5—Application and transitional provisions for Schedules 1 and 2 89
A Bill for an Act to amend the law relating to intelligence services, and for related purposes
The Parliament of Australia enacts:
This Act is the Intelligence Services Legislation Amendment Act 2023 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provisions |
Commencement |
Date/Details |
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1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day after this Act receives the Royal Assent. |
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2. Schedule 1, Parts 1 and 2 |
The later of: (a) the start of the day that is 6 months after this Act receives the Royal Assent; and (b) the commencement of Schedule 1 to the Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2022 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. |
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3. Schedule 1, Part 3 |
The later of: (a) the commencement of the provisions covered by table item 2; and (b) the commencement of Parts 2 to 9 of the National Anti-Corruption Commission Act 2022 . |
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4. Schedule 1, Part 4 |
The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Schedules 1 to 3 to the Public Interest Disclosure Amendme nt (Review) Act 2022 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. |
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5. Schedule 1, Part 5 |
The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Part 4 of Schedule 4 to the Public Interest Disclosure Amendment (Review) Act 2022 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. |
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6. Schedule 2, Part 1 |
Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 1 to the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 does not commence before that time. |
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7. Schedule 2, Part 2 |
Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 1 to the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 commences before that time. |
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8. Schedule 2, Part 3 |
Immediately after the commencement of Schedule 1 to the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 . However, the provisions do not commence at all if that Schedule commences before the commencement of the provisions covered by table item 2. |
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9. Schedule 2, Part 4 |
Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 does not commence before that time. |
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10. Schedule 2, Part 5 |
Immediately after the commencement of the provisions covered by table item 2. However, the provisions do not commence at all if the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 commences before that time. |
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11. Schedule 2, Part 6 |
Immediately after the commencement of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 . However, the provisions do not commence at all if that Act commences before the provisions covered by table item 2. |
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12. Schedule 3 |
Immediately after the commencement of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 . However, the provisions do not commence at all if that Act does not commence. |
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13. Schedule 4 |
The day after this Act receives the Royal Assent. |
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14. Schedule 5 |
At the same time as the provisions covered by table item 2. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.