Senate debates

Wednesday, 9 August 2023

Bills

Telecommunications (Interception and Access) Amendment Bill 2023; Second Reading

10:23 am

Photo of Jenny McAllisterJenny McAllister (NSW, Australian Labor Party, Assistant Minister for Climate Change and Energy) Share this | Hansard source

I 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—

The Telecommunications (Interception and Access) Amendment Bill 2023 (the Bill) will clarify the intended operation of certain provisions in the Telecommunications (Interception and Access) Act 1979.

The Bill amends sections 65 and 137 of the Telecommunications (Interception and Access) Act to ensure foreign intelligence information can be communicated, used and recorded to protect Australia's national security.

Foreign intelligence information plays a critical role in enabling intelligence agencies to identify threats to Australia's national security. The communication and use of this information is critical to identifying and mitigating those threats.

Importantly, the Bill does not seek to alter or expand existing information sharing practices of foreign intelligence information.

The Bill clarifies the intended operation of certain provisions in the Telecommunications (Interception and Access) Act to ensure that foreign intelligence information can continue to be communicated to address threats to Australia's national security but only where appropriate.

The Bill clarifies the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions. These amendments ensure that the Attorney-General can continue to approve the communication and use of foreign intelligence information in a manner that is appropriate to address threats to Australia's national security.

The Bill contains a number of critical safeguards to ensure that foreign intelligence information is used and communicated in a controlled and targeted manner. This includes ensuring that when a person receives foreign intelligence information under subsection 65(1) or 137(1) of the TIA Act, it may only be shared in the proper performance of functions, duties or powers, and subject to any purposes specified, or conditions imposed, by the Attorney-General.

Use of these provisions will remain subject to independent oversight by the Inspector-General of Intelligence and Security.

I commend the bill to the Senate.

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