Wednesday, 5 December 2018
Intelligence Services Amendment Bill 2018; Report from Committee
On behalf of Senator Bushby and the Parliamentary Joint Committee on Intelligence and Security, I present the advisory report of the committee on the Intelligence Services Amendment Bill 2018, and I move:
That the Senate take note of the report.
I seek leave to incorporate the tabling statement into Hansard.
The statement read as follows—
I am pleased to present the Committee's Advisory Report on the Intelligence Services Amendment Bill 2018.
This Bill will improve and modernise the legislative framework that governs the use of force by the Australian Secret Intelligence Service (ASIS) to address key operational challenges and issues.
The Bill was introduced into the House of Representatives by the Hon Paul Fletcher MP, Minister for Families and Social Services, on 29 November 2018.
On 29 November 2018, Senator the Hon Marise Payne, Minister for Foreign Affairs referred the Bill to the Committee for inquiry and report
The Bill makes two main amendments.
First it will enable the Minister to specify additional persons outside Australia who may be protected by an ASIS staff member or agent.
Second, it provides that an ASIS staff member or agent performing specified activities outside Australia will be able to use reasonable and necessary force in the performance of an ASIS function
In this report the Committee notes the extensive consultation process that ASIS undertook with the IGIS in the drafting of the Bill.
In judging the legitimacy reasonableness and transparency — including appropriate oversight — of the Bill the Committee has had regard to the:
The Committee notes that the oversight requirements in the Bill replicate existing oversight requirements and provide an appropriate level of transparency recognising the necessary sensitivities of ASIS activities.
The Committee is satisfied with the provisions contained in the Bill and recommends that the Intelligence Services Amendment Bill 2018 be passed.
I commend the report to the Senate.
Question agreed to.