Michelle Rowland (Greenway, Australian Labor Party, Minister for Communications) Share this | Hansard source

I thank my parliamentary colleagues for their contributions to the debate on the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023. The government is committed to ensuring that the legal framework governing the national intelligence community is fit for purpose. It is vital that the responsibilities and powers of these agencies are underpinned by a rigorous legal framework and strong mechanisms. The national intelligence community is essential in protecting Australia's sovereignty and security. The Australian community trusts that our intelligence agencies are operating lawfully, with propriety and consistent with human rights. This great trust is built on an extensive and robust legal framework and reviews of this framework that underpin activities while also providing accountability and assurance.

It was through the comprehensive review of the legal framework of the national intelligence community, the Richardson review, in 2020 that Australia received its most detailed consideration of its national security laws since the 1980s. The review reaffirmed that Australia's intelligence legislation remains fit for purpose. Though it's complex, the review noted this complexity stems from the intertwined nature of protecting and promoting the rights of individuals and broader societal interests related to national security and public safety in our liberal democracy. To maintain this fine balance, appropriate and tailored oversight mechanisms must accompany agencies' powers to maintain the vital trust the public holds in their legitimate although necessarily covert activities. Mr Richardson handed his report to the former government in December 2019, and the former government released a report a year later in December 2020. The Richardson review made 203 recommendations. The former government implemented just 30 recommendations between December 2019 and May 2022.

This bill undertakes to implement a further 10 recommendations from the Richardson review that fall within the Attorney-General's portfolio. The measures in this bill will improve the legislative framework of the national intelligence community by: clarifying the Attorney-General's role in respect of the Australian Security Intelligence Organisation, ASIO; improving operational clarity for ASIO; improving oversight mechanisms; and clarifying the application of the Freedom of Information Act 1982 in respect of the Inspector-General of Intelligence and Security and the Australian Geospatial-Intelligence Organisation.

The bill will also amend the Intelligence Services Act 2001 to provide certainty regarding the level of detail required to describe the directed activities, which can be specific or general or by way of a class or classes, in a ministerial direction under paragraph 6(1)(e) of that act and to expand the membership of the Parliamentary Joint Committee on Intelligence and Security from 11 to 13 members. I note that the Parliamentary Joint Committee on Intelligence and Security presented its advisory report on this bill to the House on 12 May. The government will consider the committee's report and table a government response in due course.

In conclusion, this bill will continue to progress the important work of strengthening Australia's national security legislation as recommended by the comprehensive review. The government is committed to ensuring the legal framework of the national intelligence community is fit for purpose. The measures in this bill support this commitment and will provide increased assurance to the Australian community that intelligence agencies are operating in accordance with the law.

Question agreed to.

Bill read a second time.

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

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