Senate debates

Thursday, 10 December 2020

Bills

Australian Security Intelligence Organisation Amendment Bill 2020; Second Reading

11:59 am

Photo of Richard ColbeckRichard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Hansard source

I table a revised explanatory memorandum relating to the bill, and move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

I move that this Bill now be read a second time.

Keeping Australian communities safe from those who seek to do us harm is, and will continue to be, the Government's number one priority.

An important way the Government achieves this is by ensuring that our national security agencies have the powers they need to work in an increasingly volatile security environment.

The Australian Security Intelligence Organisation Amendment Bill 2020 will modernise ASIO's powers and improve ASIO's capacity to respond to a range of steadily worsening threats particularly in relation to politically motivated violence, espionage and foreign interference.

The Bill repeals ASIO's existing questioning and detention warrant framework contained in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), and introduces a reformed compulsory questioning framework.

These powers will enable ASIO, upon obtaining a warrant, to question a person under compulsion to obtain intelligence in relation to politically motivated violence (including terrorism), espionage and foreign interference.

The Bill will also align the approval process for ASIO to use non-intrusive tracking devices with that of law enforcement agencies under the Surveillance Devices Act 2004, and modernise the definition of tracking device to ensure ASIO is able to use the latest and safest technology to perform its functions.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has comprehensively reviewed the powers in this Bill and supported the retention of a compulsory questioning power for ASIO. The PJCIS made eight recommendations in relation to the proposed compulsory questioning powers.

The Government has amended the Bill to implement all of these recommendations, and I table a revised explanatory memorandum incorporating these amendments.

These amendments further strengthen the significant safeguards that will accompany the compulsory questioning framework in this Bill, including rights to legal representation, and extensive real-time oversight throughout the course of questioning by the Inspector-General of Intelligence and Security.

Closing remarks

In conclusion, this Bill will ensure that ASIO has the powers it needs to deal with current and emerging threats to our nation's security.

The Morrison Government is committed to ensuring our security agencies have the powers they need to operate effectively in an increasingly challenging and complex national security environment. I am sure that this sentiment is shared by all members in this Chamber.

I commend the Bill to the Chamber.

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