Perin Davey (NSW, National Party) Share this | Link to this | Hansard source

On behalf of the Chair of the Parliamentary Joint Committee on Intelligence and Security, I present the advisory report on the Foreign Intelligence Legislation Amendment Bill 2021.

Ordered that consideration of the report be made an order of the day for the next day of sitting.

I seek leave to incorporate the tabling statement into Hansard.

Leave granted.

The statement read as follows—

I rise to present the Parliamentary Joint Committee on Intelligence and Security's report Advisory Report on the Foreign Intelligence Amendment Bill 2021.

The Committee has conducted a private inquiry into this bill at the request of the government given the unique circumstances of this bill and the risk of disruption to parliamentary sittings posed by the COVID outbreak in the ACT.

The Bill amends the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Australian Security Intelligence Organisation Act 1979 (ASIO Act) to address critical gaps in Australia's foreign intelligence warrant framework.

The proposed changes address unintended gaps in Australia's foreign intelligence collection to ensure that we have the best visibility possible of potential threats to Australia and our security. The Bill will restore intelligence agencies' ability to collect intelligence about foreign threats to Australia in line with the original intent of the parliament which has been impacted by technological change.

Schedule 1 of the Bill amends the foreign communications warrant in section 11C of the TIA Act to overcome the difficulty intelligence agencies face in distinguishing between foreign and domestic communications in the modern technological environment.

Schedule 2 of the Bill enables the Attorney-General to issue foreign intelligence warrants to collect foreign intelligence on Australians in Australia who are acting for, or on behalf of, a foreign power. These amendments respond to recommendation five of the Comprehensive Review of Intelligence by Dennis Richardson and will close a legislative gap where foreign intelligence can currently be collected offshore on an Australian working for a foreign power, but that same intelligence cannot be collected inside Australia on that Australian under a warrant.

The Committee notes that the Attorney-General must issue a mandatory written procedure under subsection 11C(6) to:

The Committee notes that before issuing or varying the mandatory procedure, the Attorney-General must:

To provide further oversight and an assurance to the Parliament and, through it, the Australian people, the Committee has recommended it be notified that a mandatory written procedure as inserted by subsection 11C(6) has been issued or varied and be provided with a briefing on the mandatory written procedure as soon as practicable.

In addition the Committee has recommended the that it may conduct a review of the amendments made by the Bill not less than five years from when the Bill receives Royal Assent.

The importance of Australia's Intelligence Community to be able to collect foreign intelligence in a legal, proportionate and timely manner cannot be understated.

The Committee appreciates the time sensitive nature of this legislation, and is grateful that despite this, the government appropriately consulted with Committee members and provided classified briefings necessary for the Committee to discharge its duties. Although required to do so quickly, the Committee has fulfilled its responsibilities to the parliament by robustly testing the rationale for the Bill and each of the provisions of the Bill.

The Committee recommends that following the implementation of its recommendations, the Bill be passed by Parliament.

I thank all members of the PJCIS for their collegiate and cooperative approach to this inquiry given the significant time constraints we were operating under.

I commend the report to the Senate.