Senate debates

Monday, 25 November 2024

Bills

Cyber Security Bill 2024, Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024, Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024; In Committee

12:47 pm

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | Hansard source

I hope that the board doesn't take its advice on conflicts of interest from the Commissioner of the NACC. Deputy President, I seek leave to move Greens amendments (1) to (24) on sheet 3161 together.

Leave granted.

In respect of the Cyber Security Bill 2024, I move:

(1) Clause 8, page 8 (after line 18), after the definition of personalinformation, insert:

Prime Minister's Department means the Department administered by the Prime Minister.

(2) Clause 8, page 9 (after line 1), after the definition of Secretary, insert:

Secretary of the Prime Minister's Department means the Secretary of the Prime Minister's Department.

(3) Clause 45, page 53 (line 13), omit "Minister", substitute "Prime Minister".

(4) Clause 46, page 54 (line 7), after "Minister", insert "or the Prime Minister".

(5) Clause 46, page 54 (line 19), omit "Minister", substitute "Prime Minister".

(6) Clause 51, page 58 (line 17), omit "Minister", substitute "Prime Minister".

(7) Clause 51, page 58 (line 33), omit "Minister", substitute "Prime Minister".

(8) Clause 54, page 61 (line 21), omit "Minister", substitute "Prime Minister".

(9) Clause 54, page 61 (line 31), omit "the Minister", substitute "the Prime Minister".

(10) Clause 55, page 62 (line 23), omit "Minister", substitute "Prime Minister".

(11) Clause 56, page 64 (line 21), omit "Minister", substitute "Prime Minister".

(12) Clause 60, page 69 (line 8), omit "Department", substitute "Prime Minister's Department".

(13) Clause 60, page 69 (line 10), omit "Department", substitute "Prime Minister's Department".

(14) Clause 63, page 71 (line 1), omit "Minister", substitute "Prime Minister".

(15) Clause 64, page 72 (line 4), omit "Minister", substitute "Prime Minister".

(16) Clause 66, page 72 (line 23), omit "Minister", substitute "Prime Minister".

(17) Clause 68, page 73 (line 20), omit "Minister", substitute "Prime Minister".

(18) Clause 69, page 74 (line 13), omit "Minister", substitute "Prime Minister".

(19) Clause 71, page 75 (line 27), omit "Department", substitute "Prime Minister's Department".

(20) Clause 72, page 76 (line 6), omit "Secretary of the Department", substitute "Secretary of the Prime Minister's Department".

(21) Clause 75, page 78 (line 23), omit "Secretary", substitute "Secretary of the Prime Minister's Department".

(22) Clause 76, page 79 (lines 3 and 4), omit "Secretary and given to the Minister", substitute "Secretary of the Prime Minister's Department and given to the Prime Minister".

(23) Clause 76, page 79 (line 15), omit "Minister", substitute "Prime Minister".

(24) Clause 77, page 79 (line 27), omit "Minister", substitute "Prime Minister".

These are Greens amendments that would make the board at least to some extent independent, because they would move the Cyber Incident Review Board from Home Affairs, where the board would, effectively, report to the entity that it's overseeing and be selected by the minister who's responsible for the department that the board's meant to be overseeing, to the Department of the Prime Minister and Cabinet. We don't think it's a perfect solution for independence of the board but we think it's at least some structural independence from Home Affairs. You could also say that Home Affairs has enough on its plate without having another review board added to it.

More fundamentally, given this review board is going to be reviewing what went right and what went wrong in major cybersecurity incidents and given the conduct of Home Affairs will be central to that, of course the review board should not be within Home Affairs. We think the appropriate authority or agency in that regard should be the Prime Minister and Cabinet, to show the seriousness of this matter and to provide at least some functional independence for the review board. I commend the amendments to the chamber.

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