Thursday, 26 August 2021
Foreign Intelligence Legislation Amendment Bill 2021; Second Reading
The question now is that the amendments on sheet 1417, circulated by Senator Patrick, be agreed to.
Senator Patrick's circulated amendments—
(1) Page 11 (after line 14), at the end of the Bill, add:
Schedule 4 — Oversight of intelligence agencies
Intelligence Services Act 2001
1 Paragraph 29(1)(a)
After "to review the", insert "activities,".
2 Subsection 29(3)
Repeal the subsection, substitute:
(3) The functions of the Committee do not include:
(a) reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or
(b) conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONI, AFP or the Immigration and Border Protection Department.
3 After section 29
29A Ceasing or suspending review of agency activities
(a) the Committee undertakes a review under section 29 of an activity by ASIO, ASIS, AGO, DIO, ASD or ONI; and
(b) the relevant responsible Minister is of the opinion that:
(i) the activity is an ongoing operation; and
(ii) the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister may give to the Committee a certificate in relation to the matter stating the Minister's opinion and the reasons for it.
(2) A decision of the Minister under subsection (1) must not be questioned in any court or tribunal.
(3) Where the Minister gives a certificate under subsection (1) in relation to a review, the Committee must cease or suspend the review.
(4) If the Minister:
(a) becomes aware that the activity is no longer ongoing; or
(b) is no longer of the opinion that the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister must, within 28 days after becoming aware of the fact or forming the view:
(c) revoke the certificate; and
(d) inform the Committee in writing.
(5) If the Minister revokes a certificate in accordance with subsection (4), the Committee may proceed with the review, or commence a new review into the activity.