Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

in reply—By way of summing up, can I thank honourable members for their contribution to the debate on the Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010. The bill amends the Telecommunications (Interception and Access Act) 1979 and the Australian Security Intelligence Organisation Act 1979, as well as the Intelligence Services Act 2001. Its purpose is to facilitate greater cooperation, assistance and information sharing between law enforcement and intelligence agencies. The inaugural National Security Statement, delivered to parliament on 4 December 2008, highlighted the need for a closer relationship between the agencies that make up the National Security Committee. The National Security Statement also acknowledged the critical need for the sharing of intelligence and data in the current security environment.

The failed terrorist attack on Northwest Airlines flight 253 on 25 December last year also highlighted the need for intelligence, law enforcement and other national security agencies to be well connected and the need to remove legislative barriers to interoperability and intelligent sharing. The National Security Statement, the government’s counterterrorism white paper, acknowledged that responding to modern national security threats requires an intelligence-led, coordinated effort across government. To achieve this, agencies, as I have said, must be well-connected and free from technical and other barriers to sharing relevant information and also expertise.

Vital information is less likely to fall through the gaps if agencies can draw on the expertise of others within law enforcement and national security communities. An example of this is the amendments to the Telecommunications (Interception) Act, which will provide for greater cooperation between Commonwealth and state interception agencies. Currently, under the interception act law enforcement agencies can seek the assistance of other law enforcement agencies in exercising an interception warrant. This ability has enabled smaller agencies with limited interception capability to rely on larger agencies to intercept on their behalf.

The bill will amend the interception act to enable the Australian Security Intelligence Organisation to also intercept on behalf of other agencies. This will ensure that ASIO has greater flexibility to support whole-of-government efforts to protect our communities. The bill will also amend the ASIO Act and the Intelligence Services Act to enable Australia’s security and intelligence agencies to cooperate and assist one another more closely. Specifically, ASIO, the Defence Signals Directorate, the Defence Imagery and Geospatial Organisation and the Australian Secret Intelligence Service will, on request, be able to assist one another in the performance of their functions. The modern security environment requires an intelligence community that is well connected. Multi-agency teams and task forces, such as the Counter-Terrorism Control Centre that is based in ASIO, are an increasing feature of the national security landscape.

These amendments will facilitate greater interoperability in those multi-agency teams and will enable agencies to harness resources in support of key national security priorities. The bill also makes amendments to enhance intelligence sharing between intelligence agencies and the broader national security community. This bill will help to ensure that our national security agencies are able to work together in responding to our increasingly fluid and evolving national security environment. The bill also makes several amendments to the interception act that will improve the operation and responsiveness of the telecommunications interception regime. The bill amends the interception act to require carriers and service providers to inform the Communications Access Coordinator, which is currently a position held by a senior officer within the Attorney-General’s Department, of proposed changes that could significantly affect their ability to comply with their statutory obligation to assist interception agencies. This early notification will ensure that carriers and service providers can meet their obligations to assist and avoid the need for costly alterations once a change has been implemented.

The bill also includes amendments that will support police forces to find missing persons, as indicated by the member for Fowler in the story that he recounted to us, and to solve crimes where the victim cannot be found or cannot consent to their communications being accessed. The bill will also allow an interception agency to notify a delegated officer within the carrier, rather than the managing director, of the existence of a warrant. This removes administrative burdens upon managing directors of carriers in their provision of assistance under the interception act.

The bill makes several minor and technical changes to address formatting and typographical errors and to better reflect plain English drafting conclusions. In conclusion, ensuring that our national security law enforcement agencies have the ability to respond to threats to our national security is a key priority for this government and indeed for any Australian government. The measures contained in this bill build on the steps previously taken in this area to facilitate better interoperability and intelligence sharing between our law enforcement and national security agencies. By shaping and supporting our national security community we will strengthen the capacity of all agencies to protect our communities from criminal and other activities that threaten our national and personal wellbeing. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that the bill be reported to the House without amendment.

See this speech in context