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9       Home Affairs and Integrity Agencies Legislation Amendment Bill 2018

Debate resumed on the question—That this bill be now read a second time.

Question put.

The Senate divided—

AYES, 46

Senators—

Abetz

Farrell

Ketter

O’Sullivan

Anning

Fawcett*

Kitching

Paterson

Bilyk

Fierravanti-Wells

Leyonhjelm

Patrick

Brockman

Fifield

Lines

Pratt

Burston

Gallacher

Marshall

Reynolds

Bushby

Georgiou

Martin

Singh

Cameron

Gichuhi

McAllister

Smith

Carr

Griff

McCarthy

Sterle

Chisholm

Hanson

Molan

Stoker

Colbeck

Hinch

Moore

Storer

Dodson

Hume

O’Neill

Watt

Duniam

Keneally

 

NOES, 9

Senators—

Bartlett

McKim

Rice

Steele-John

Di Natale

Rhiannon

Siewert*

Whish-Wilson

Hanson-Young

 

* Tellers

Question agreed to.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

 

 

 

In the committee

Bill taken as a whole by leave.

Senator Patrick moved the following amendments together by leave:

Clause 2, page 3 (at the end of the table), add:

8. Schedule 3

The day after this Act receives the Royal Assent .

 

Page 61 (after line 5), at the end of the bill, add:

Schedule 3 Amendments relating to oversight of intelligence agencies

Intelligence Services Act 2001

1  Paragraph 29(1)(a)

After “to review the”, insert “activities,”.

2  Subsection 29(3)

Repeal the subsection, substitute:

     (3)   The functions of the Committee do not include:

                              (a)  reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or

                              (b)  conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONA, AFP or the Immigration and Border Protection Department.

3  After section 29

Insert:

29A   Ceasing or suspending review of agency activities

Certificate received from responsible Minister

     (1)   If:

                              (a)  the Committee undertakes a review under section 29 of an activity by ASIO, ASIS, AGO, DIO, ASD or ONA; 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)   The Minister must give a copy of a certificate under subsection (1) to the President of the Senate and to the Speaker of the House of Representatives.

     (3)   A decision of the Minister under subsection (1) must not be questioned in any court or tribunal.

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

     (5)   Subsection (4) has effect subject to subsection (7).

Review by Inspector-General of Intelligence and Security

     (6)   Where a Minister has given a certificate to the Committee under subsection (1) the Committee may refer the certificate to the Inspector-General of Intelligence and Security.

     (7)   Within 30 days after the Inspector-General of Intelligence and Security is referred the certificate, the Inspector-General must:

                              (a)  review the certificate and consider:

                                                  (i)   whether the activity is an ongoing operation; and

                                                 (ii)   whether it is reasonable to conclude that a review by the Committee 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; and

                              (b)  provide writt en advice to the Committee setting out the Inspector-General’s opinion in relation to the matters set out in subparagraphs (a)(i) and (ii).

     (8)   If the Inspector-General advises the Committee under subsection (7) that the activity is not an ongoing operation, or that the review would not cause interference with the proper functioning of the relevant body or otherwise prejudice Australia’s national security or the conduct of Australia’s foreign relations, the Committee may proceed with the review, or commence a new review into the activity.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 13

Senators—

Bartlett

Hinch

Rhiannon

Steele-John

Di Natale

McKim

Rice

Storer

Griff*

Patrick

Siewert

Whish-Wilson

Hanson-Young

 

 

 

NOES, 33

Senators—

Abetz

Georgiou

Martin

Pratt

Anning

Gichuhi

McAllister*

Reynolds

Brockman

Hume

McCarthy

Ruston

Burston

Keneally

Molan

Singh

Bushby

Ketter

Moore

Smith

Colbeck

Kitching

O’Neill

Sterle

Duniam

Leyonhjelm

O’Sullivan

Stoker

Fifield

Marshall

Paterson

Williams

Gallacher

 

* Tellers

Question negatived.

Bill agreed to and reported without amendment.

 

 

 

On the motion of the Minister for Communications (Senator Fifield) the report from the committee was adopted and the bill read a third time.