Sue Lines (President) | Link to this | Hansard source

I will now deal with the Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025. I'll begin with the second reading amendment moved by Senator Shoebridge. The question is that the amendment on sheet 3789 be agreed to.

Sue Lines (President) | Link to this | Hansard source

The question now is that this bill be now read a second time.

Sue Lines (President) | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments circulated by the government. I understand the minister has documents to table.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) | Link to this | Hansard source

I table a replacement explanatory memorandum and a supplementary explanatory memorandum relating to the government amendments to this bill.

Sue Lines (President) | Link to this | Hansard source

The question is that the amendments on sheet SV144 be agreed to.

Government' s circulated amendments—

(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Section 34JF

Omit "7 March 2027", substitute "the third anniversary of the commencement of the Australian Security Intelligence Organisation Amendment Act (No. 2) 2026".

(2) Schedule 1, item 2, page 3 (line 8), omit "third", substitute "second".

(3) Schedule 1, item 2, page 3 (line 10), omit "2025", substitute "2026".

Question agreed to.

I will now deal with the Committee of the Whole amendments circulated by the Australian Greens. The question is that part 2 of schedule 1 and item 1 of schedule 2 on sheet 3815 stand as printed.

Australian Greens' circulated amendments—

(1) Schedule 1, Part 2, page 4 (lines 1 to 19), to be opposed.

(2) Schedule 2, item 1, page 10 (lines 4 to 7), to be opposed.

Sue Lines (President) | Link to this | Hansard source

The question now is that the amendments on sheets 3795, 3798, 3799, 3800 and 3816 be agreed to.

Australian Greens ' circulated amendments—

SHEET 3795

(1) Schedule 1, heading to Part 1, page 3 (line 2), at the end of the heading, add "and additional reporting".

(2) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Section 34JF

Repeal the section, substitute:

34JF Periodic review of this Division

Inspector-General to conduct reviews

(1) The Inspector-General of Intelligence and Security must conduct periodic reviews of the operation, effectiveness and implications of this Division.

Timing of reviews

(2) The first review must be completed before the end of 3 years after the commencement of this section.

(3) Each later review must be completed before the end of 3 years after the completion of the previous review.

Attorney to be given report of review

(4) The Inspector-General of Intelligence and Security must give the Attorney-General a written report of the review.

Attorney to table report

(5) The Attorney-General must cause a copy of the report of each review to be tabled in each House of the Parliament within 15 sitting days of that House after the Attorney-General receives the report.

(3) Schedule 1, page 3 (after line 5), after item 1, insert:

Inspector-General of Intelligence and Security Act 1986

1A After subsection 35(2C)

Insert:

(2CA) The Inspector-General must include in a report referred to in subsection (2) the Inspector-General's comments on any activity of the Inspector-General, during the period to which the report relates, relating to Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979.

_____

SHEET 3798

(1) Schedule 1, page 5 (after line 22), after Part 3, insert:

Part 3A — Appointment of judges as a prescribed authority to be preferred

Australian Security Intelligence Organisation Act 1979

4A After subsection 34AD(1)

Insert:

(1A) In making appointments under subsection (1), the Attorney-General must prioritise and give preference to the appointment of persons mentioned in paragraph (a) of that subsection.

_____

SHEET 3799

(1) Schedule 1, page 7 (after line 13), after Part 5, insert:

Part 5A — Warnings before removal of lawyers

Australian Security Intelligence Organisation Act 1979

6A Subsection 34FF(6)

Repeal the subsection, substitute:

Removal of lawyer for disrupting questioning

(5A) If the prescribed authority considers the lawyer's conduct is unduly disrupting the questioning of the subject, the prescribed authority may give the lawyer a warning in relation to the conduct.

(6) If:

(a) after giving the lawyer a warning under subsection (5A), the prescribed authority considers the lawyer's conduct continues to unduly disrupt the questioning of the subject; and

(b) the prescribing authority is satisfied that removing the lawyer is the best way to deal with the disruption to the questioning;

the prescribed authority may direct a person exercising authority under the warrant to remove the lawyer from the place where the questioning is occurring.

_____

SHEET 3800

(1) Schedule 1, page 6 (after line 24), after Part 4, insert:

Part 4A — Lawyer to be given copy of warrant

Australian Security Intelligence Organisation Act 1979

5A Section 34FE (heading)

Omit "may request", substitute "to be given".

5B Subsection 34FE(2)

Omit ", if requested to do so by the lawyer,".

5C Subsection 34FE(3)

Omit ", if requested to do so by the lawyer,".

_____

SHEET 3816

(1) Schedule 1, page 7 (after line 13), after Part 5, insert:

Part 5A — Lawyers cannot be removed

Australian Security Intelligence Organisation Act 1979

6A Paragraph 34FA(2)(b)

Omit "or subparagraph 34FF(7)(c)(iii)".

6B Subsections 34FF(6) and (7)

Repeal the subsections.

Sue Lines (President) | Link to this | Hansard source

I will now deal with amendments circulated by the United Australia Party. The question is that the amendment on sheet 3788, circulated by the United Australia Party, be agreed to.

United Australia Party 's circulated amendment—

(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Section 34JF

Omit "7 March 2027", substitute "1 May 2028".

Sue Lines (President) | Link to this | Hansard source

I will now deal with amendments circulated by One Nation. They are on sheets 3807 and 3809. I have been asked to consider them separately. If it suits the chamber, I will deal with the amendment on sheet 3807 first. The question is that One Nation's amendment on sheet 3807 be agreed to.

One Nation's circulated amendment—

(1) Schedule 1, item 3, page 4 (line 13), omit subparagraph (a)(iv) of the definition of adult questioning matter in section 34A.

Sue Lines (President) | Link to this | Hansard source

I will now deal with the last One Nation amendment, on sheet 3809. The question is that One Nation's amendment on sheet 3809 be agreed to.

One Nation's circulated amendment

(1) Schedule 1, item 3, page 4 (after line 15), after subparagraph (a)(vi) of the definition of adult questioning matter in section 34A, insert:

(vii) serious threats from radical Islamic extremism;

Sue Lines (President) | Link to this | Hansard source

I will now deal with the amendments on sheet 3787, circulated by Senator David Pocock. The first question is that items 7 and 9 of schedule 1 stand as printed.

Senator David Pocock's circulated amendments—

(1) Schedule 1, item 7, page 8 (lines 4 and 5), to be opposed.

(2) Schedule 1, item 9, page 8 (lines 17 to 19), to be opposed.

Sue Lines (President) | Link to this | Hansard source

The question now is that the remaining amendment on sheet 3787 be agreed to.

Senator David Pocock's circulated amendment—

(3) Schedule 1, page 9 (after line 2), at the end of the Schedule, add:

Part 7 — Legal representation and repeal of minor questioning warrants

Australian Security Intelligence Organisation Act 1979

12 Section 34A

Repeal the following definitions:

(a) definition of minor questioning matter;

(b) definition of minor questioning warrant;

(c) definition of minor's representative.

13 Section 34A (definition of questioning warrant )

Repeal the definition, substitute:

questioning warrant means an adult questioning warrant.

14 Section 34AA

Repeal the section.

15 Subsection 34B(1)

Repeal the subsection, substitute:

Request for warrant

(1) The Director-General may request the Attorney-General to issue, in relation to a person, an adult questioning warrant.

16 Paragraph 34B(4)(e)

Omit "person; and", substitute "person.".

17 Paragraph 34B(4)(f)

Repeal the paragraph.

18 Sections 34BB and 34BC

Repeal the sections, substitute:

34BC Warrant has no effect if person under 18

A questioning warrant has no effect if the subject of the warrant is under 18 years old.

19 Paragraph 34BD(1)(b)

Repeal the paragraph, substitute:

(b) subject to subsection (3A), authorise the Organisation to question the subject of the warrant before a prescribed authority by requesting the subject to give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to an adult questioning matter; and

20 Subsections 34BD(2) and (3)

Repeal the subsections.

21 Paragraph 34BE(3)(b)

Repeal the paragraph, substitute:

(b) a record or other thing is found during the search that the officer reasonably believes is relevant to the collection of intelligence that is important in relation to an adult questioning matter;

22 Subsection 34BE(4)

Repeal the subsection, substitute:

Warrant may request production of records or things

(4) Subject to subsection (4A), a questioning warrant may request the subject of the warrant to produce, before a prescribed authority:

(a) a specified record or other thing; or

(b) a specified class of record or other thing;

if the Attorney-General is satisfied that the record or thing, or class of record or thing, is, or may be, relevant to intelligence that is important in relation to an adult questioning matter.

23 Paragraph 34BH(2)(e)

Repeal the paragraph.

24 Subparagraph 34CB(2)(a)(ii)

Repeal the subparagraph.

25 Section 34CB (note)

Omit "and, if the warrant is a minor questioning warrant, to also contact a minor's representative".

26 Paragraph 34CC(5)(b)

Repeal the paragraph, substitute:

(b) the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to an adult questioning matter; and

27 Section 34DD

Repeal the section.

28 Paragraph 34DE(1)(c)

Omit ", 34FC(2)(a) or (3)(b)".

29 Section 34DG

Repeal the section, substitute:

34DG Direction that persons under 18 not be questioned

If:

(a) the subject of a questioning warrant appears before a prescribed authority for questioning under the warrant; and

(b) the prescribed authority is satisfied on reasonable grounds that the subject is under 18 years old;

the prescribed authority must, as soon as practicable, give a direction that the person is not to be questioned.

30 Paragraph 34DJ(6)(c)

Repeal the paragraph.

31 Paragraph 34DJ(7)(b)

Repeal the paragraph, substitute:

(b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to an adult questioning matter.

32 Paragraph 34DK(6)(c)

Repeal the paragraph.

33 Paragraph 34DK(7)(b)

Repeal the paragraph, substitute:

(b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to an adult questioning matter.

34 Paragraph 34DL(a)

Omit "and, if applicable, section 34DD".

35 Subparagraph 34DL(b)(v)

Omit "or 34FC(2)(a) or (3)(b)".

36 Paragraph 34DN(3)(a)

Omit "and, if applicable, section 34DD".

37 Paragraph 34DO(4)(a)

Omit "and, if applicable, section 34DD".

38 Paragraph 34DO(5)(b)

Omit "or 34DD".

39 Subdivision F (heading)

Omit "and minor's representatives".

40 Section 34F (heading)

Omit "or minor's representative".

41 Subsection 34F(1)

Repeal the subsection, substitute:

Right to contact lawyer

(1) At any time after the subject of a questioning warrant is given notice of the warrant in accordance with subsection 34BH(2) or (3), the subject may contact a lawyer for the purpose of obtaining legal advice in relation to the warrant.

42 Paragraph 34F(2)(c)

Omit "or 34FC(2)(a) or (3)(b)".

43 Subsection 34FA(1)

Repeal the subsection.

44 Paragraph 34FA(2)(b)

Omit "or subparagraph 34FF(7)(c)(iii)".

45 Sections 34FC and 34FD

Repeal the sections.

46 Section 34FE (heading)

Omit "may request copy of warrant", substitute "to be given copy of warrant etc.".

47 Subsection 34FE(2)

Omit ", if requested to do so by the lawyer,".

48 Subsection 34FE(3)

Omit ", if requested to do so by the lawyer,".

49 After subsection 34FE(3)

Insert:

(3A) Subject to subsection (4), a person exercising authority under the warrant must give the lawyer such other information as is requested by the lawyer and is sufficient to allow the lawyer to advise the subject on the legality of the warrant or anything done in exercise, or purported exercise, of authority under the warrant.

50 Subsection 34FE(4)

Omit "subsections (2) and (3)", substitute "subsections (2), (3) and (3A)".

51 Subsection 34FE(4)

After "subsection (5)", insert ", or refuse to give so much of any information requested under subsection (3A),"

52 Subsection 34FF(3)

Repeal the subsection.

53 Subsection 34FF(5)

Omit "subsection (3) or (4)", substitute "subsection (4)".

54 Subsections 34FF(6) and (7)

Repeal the subsections.

55 Subsection 34FF(8)

Repeal the subsection.

56 Section 34FG

Repeal the section.

57 Subparagraph 34GE(3)(a)(i)

Repeal the subparagraph.

58 Subsection 34GF(5) (paragraph (f) of the definition of permitted disclosure )

Repeal the paragraph.

59 Paragraph 34GF(6)(b)

Omit "or".

60 Paragraph 34GF(6)(c)

Repeal the paragraph.

Sue Lines (President) | Link to this | Hansard source

The question now is that the remaining stages of the bill be agreed to, and the bill be now passed.