Senate debates

Wednesday, 3 February 2010

National Security Legislation Monitor Bill 2009 [2010]

In Committee

10:28 am

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

by leave—I move amendments (3), (4), (16), (17), (18) and (19) and also amendment (20) on sheet BD213 relating to the long title of the bill:

(3)    Clause 4, page 4 (after line 6), after the definition of head, insert:

National Security Legislation Monitor means the person appointed in accordance with section 11.

(4)    Clause 4, page 4 (lines 26 and 27), omit the definition of National Security Legislation Monitor.

(16)  Clause 3, page 2 (line 4), omit “a”, substitute “an”.

(17)  Clause 5, page 6 (line 5), omit “a”, substitute “an”.

(18)  Clause 8, page 7 (line 14), before “National Security Legislation Monitor’s”, insert “Independent”.

(19)  Part 1 to Part 5, page 1 (line 5) to page 20 (line 15), before “National Security Legislation Monitor” (wherever occurring), insert “Independent”.

(20)  Title, page 1 (line 2), omit “a National”, substitute “an Independent National”.

These amendments implement recommendation 2 of the committee’s report, changing the title of the bill which will now be called the Independent National Security Legislation Monitor Act. It is there in order to highlight the independent nature of the monitor’s role.

I do not accept the argument that locating an independent reviewer within the Prime Minister’s portfolio will compromise the monitor’s independence anymore so. In fact, the Inspector-General of Intelligence and Security is presently within that portfolio and no-one would consider that its role is anything other than independent of government. Amendments (3), (4) and (16) to (20) on sheet BD213 are consequential amendments as a result of the name change of the monitor to ‘Independent National Security Monitor’ and as such are uncontroversial. They implement recommendation 3 of the committee’s report. Government amendment (20) deals with the annual report. This amendment of the long title of the bill is in accordance with the amendments we have presently discussed.

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