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Home Affairs and Integrity Agencies Legislation Amendment Bill 2018

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8414 revised

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Home Affairs and Integrity Agencies Legislation Amendment Bill 2018

 

 

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

 

8. Schedule 3

The day after this Act receives the Royal Assent .

 

[consequential—commencement]

(2)     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.

[oversight of intelligence agencies]