Eric Abetz (Tasmania, Liberal Party) Share this | Hansard source

[by video link] Time stands still for no-one, nor does technological advancement. In the lives of each of us, we've witnessed technological advancements that people would not have dreamt of a generation ago. We are all beneficiaries of these advances; they have been of untold good. From communications to farming to medical procedures, all aspects of our lives are impacted, and for the good. Just as with everything we humans have developed, we can use our advances for good or for bad. That brings us to this bill, which rejoices in the name of the Foreign Intelligence Legislation Amendment Bill, which amends the Telecommunications (Interception and Access) Act 1979 and the Australian Security Intelligence Organisation Act 1979, just in case people were wondering. The simple fact is that our legislative framework has not kept pace, allowing those who would seek to do Australia harm a potential advantage which needs to be closed as a matter of urgency. I therefore would urge all honourable senators to pass this bill as soon as possible.

This bill addresses two critical gaps in our foreign intelligence collection framework—gaps that need to be removed. First of all, the reforms will update the foreign communications warrant provisions in the Telecommunications (Interception and Access) Act to reflect changes in communications technologies. Intelligence agencies will be able to intercept a communication to determine whether the communication is a foreign communication. Second, the bill allows the collection of foreign intelligence on Australians in Australia who are acting for or on behalf of a foreign power. These amendments will close the current legislative gap where foreign intelligence can be collected on an Australian working for a foreign power offshore, but the same intelligence cannot be collected under a warrant on that Australian onshore. An Australian serving the interests of a foreign government remains an agent of a foreign power, whether they are onshore or offshore.

The reforms include robust oversight and safeguards, which I note our Greens friends studiously avoid mentioning. The reforms will help intelligence agencies protect Australians and will make it easier to uncover terrorist plots and other serious threats to Australia's national interests. Without the proposed changes, gaps in foreign intelligence collection will continue to grow, and Australia will not have visibility of possible threats creating such risks.

These amendments are required urgently. Every day that they are not in place risks our agencies missing critical foreign intelligence about threats to Australia and Australians. The plugging of these gaps is urgent, and it is necessary that they be done now, while work continues on the more substantial reforms which have also been identified.

In an ideal world, legislation of this nature would of course not be necessary. There would be no attempts at sabotaging our national interest, no terrorism and no cyberattacks. But we live in a flawed world where elements, with malevolence, seek to do us harm.