1.1
The Parliamentary Joint Committee on Intelligence and Security (the Committee) is established pursuant to section 28 of the Intelligence Services Act 2001 (Intelligence Services Act).
1.2
The Committee comprises eleven members, five of whom must be Senators and six of whom must be members of the House of Representatives. A majority of the Committee’s members must be Government members.
1.3
The Committee’s functions are set out at section 29 of the Intelligence Services Act, outlined at Appendix A.
1.4
The Committee is required by section 31 of the Intelligence Services Act to provide the Parliament with a report on its activities over each financial year. This report is made in compliance with this obligation and covers the period from 1 July 2017 to 30 June 2018.
1.5
In addition to exercising its ongoing oversight functions, the Committee reviewed several pieces of legislation during the year, received a number of private briefings and conducted site inspections. To the extent appropriate for publication, each of these activities are summarised in further detail below.
Overview of activities
1.6
During 2017-18, the Committee held 78 meetings, at a total duration of 100 hours and 44 minutes.
1.7
The Committee undertook 16 inquiries and tabled 18 reports (including an annual report).
1.8
A full list of the reports tabled by the Committee during 2017-18 is provided at Appendix B. These inquiries are discussed further below.
1.9
In summary the Committee completed:
Review No. 15 (2015-16) of the administration and expenditure of the six intelligence agencies comprising the Australian Intelligence Community, pursuant to section 29(1)(a) of the Intelligence Services Act,
reviews of ASIO’s questioning and detention powers, the declared area provisions, police stop, search and seizure powers, the control order regime and the preventative detention order regime pursuant to section 29(1)(bb) of the Intelligence Services Act,
inquiries into five bills referred by the Attorney General pursuant to section 29(1)(a) of the Intelligence Services Act,
reviews of the listing of two terrorist organisations and the re-listing of seven terrorist organisations pursuant to section 102.1A of the Criminal Code,
a review of the listing of one terrorist organisation as a ‘declared terrorist organisation’ pursuant section 35AA of the Australian Citizenship Act 2007 (Citizenship Act), and
a review of one ‘declared area’ pursuant to section 119.2 of the Criminal Code (Foreign Incursions and Recruitment – Declared Areas).
Reviews of administration and expenditure
1.10
The Intelligence Services Act requires the Committee to review the administration and expenditure of the six Australian Intelligence Community agencies. In exercising this function, the Committee conducts its reviews on an annual basis.
1.11
In its reviews, the Committee examines each agency’s financial performance and management for the relevant financial year, and considers the budgetary framework within which each agency operates.
1.12
The Committee also considers a number of matters that impact on the administration of agencies, including
legislative changes and litigation,
strategic direction and organisational structure,
human resource management,
public accountability and public relations, and
1.13
The Committee commenced its review of administration and expenditure for 2015–16 (Review No. 15) on 12 October 2016.
1.14
The Committee received submissions and held private hearings with each of the intelligence agencies and the Inspector-General of Intelligence and Security in March 2017. The Committee tabled its report on Review No. 15 on 15 August 2017.
1.15
The Committee commenced its review of administration and expenditure for 2016–17 (Review No. 16) on 6 September 2017.
1.16
The Committee received submissions and held private hearings with intelligence agencies and the Inspector-General of Intelligence and Security in March, May and June 2018. The Committee’s review is ongoing.
Reviews required under the Intelligence Services Act
ASIO's questioning and detention powers
1.17
Under section 29(bb)(i) of the Intelligence Services Act, the Committee was required to review the operation, effectiveness and implications of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (ASIO Act) ASIO’s questioning and detention powers.
1.18
Division 3 of Part III of the ASIO Act allows ASIO, upon obtaining a warrant, to question a person under compulsion in order to obtain intelligence that is important in relation to a terrorism offence.
1.19
The Chair of the Committee, Mr Andrew Hastie MP, announced the commencement of the inquiry by media release on 22 February 2017.
1.20
In conducting its review the Committee received eight submissions and 14 supplementary submissions. The Committee held public hearings on 16 June and 9 August 2017.
1.21
The Committee also received private briefings from, or conducted private hearings with, ASIO, the Attorney-General’s Department, the Australian Criminal Intelligence Commission (ACIC), the former Independent National Security Legislation Monitor (INSLM) the Hon Mr Roger Gyles AO QC, and the National Counter-Terrorism Coordinator Mr Tony Sheehan.
1.22
The Committee presented its report to the Parliament on 10 May 2018. The Committee made four recommendations. The Counter-Terrorism Legislation Amendment Bill (No. 1) 2018 (CTLA (No. 1) Bill 2018) responded to one recommendation in the Committee’s report by extending the sunset date for ASIO’s questioning and detention powers by 12 months to 7 September 2019. The Committee’s other recommendations in this report remain under consideration by the Government.
‘Declared area’ provisions
1.23
Under subparagraph 29(1)(bb)(iv) of the Intelligence Services Act, the Committee was required to review, by 7 March 2018, the operation, effectiveness and implications of sections 119.2 and 119.3 and any other provision of the Criminal Code Act 1995 as far as it relates to those sections.
1.24
Section 119.2 of the Criminal Code makes it an offence to enter, or remain in, an area in a foreign country that is declared by the Minister for Foreign Affairs under section 119.3 of the Criminal Code. Sections 119.2 and 119.3 (the ‘declared area’ provisions) were added to the Criminal Code in November 2014, following the passage of the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (the Foreign Fighters Bill).
1.25
The Chair of the Committee, Mr Andrew Hastie MP, announced the review by media release on 10 August 2017.
1.26
In conducting its review the Committee received 11 submissions and three supplementary submissions. The Committee held one public hearing and two private hearings on 1 December 2017.
1.27
The Committee presented its report to the Parliament on 1 March 2018. The Committee made five recommendations. The Government accepted the recommendations and implemented them in the CTLA (No. 1) Bill 2018.
Police stop, search and seizure powers, the control order regime and the preventative detention order regime
1.28
Under section 29(1)(bb)(ii) and (iii) of the Intelligence Services Act, the Committee was required to review the operation, effectiveness and implications of:
the stop, search and seizure powers provided for under Division 3A of Part IAA of the Crimes Act 1914;
the control order regime provided for under Division 104 of the Criminal Code; and
the preventative detention order regime provided for under Division 105 of the Criminal Code.
1.29
The Chair of the Committee, Mr Andrew Hastie MP, announced the review by media release on 10 August 2017.
1.30
In conducting its review the Committee received 13 submissions and three supplementary submissions. The Committee held one public hearing and two private hearings on 1 December 2017.
1.31
The Committee also received private briefings from the Independent National Security Legislation Monitor (INSLM), the Attorney-General’s Department and the Australian Federal Police (AFP).
1.32
The Committee presented its review to the Parliament on 1 March 2018. The Committee made 13 recommendations including that each regime be continued for a further three years. The Government accepted the recommendations and implemented them in the Counter-Terrorism Legislation Amendment Bill (No. 1) 2018.
Bill inquiries
Foreign Influence Transparency Scheme Bill 2017
1.33
The Foreign Influence Transparency Scheme Bill 2017 was introduced to the House of Representatives on 7 December 2017.
1.34
On 8 December 2017, the Prime Minister referred the bill to the Committee, requesting that the Committee, so far as possible, conduct its inquiry in public.
1.35
1.35
In conducting its review, the Committee received 92 submissions and 48 supplementary submissions. 2545 form letters were also received to the inquiry. It held eight public hearings, two private hearings and three private briefings.
1.36
On 25 June 2018 the Committee presented its report in the House of Representatives. The Committee made 52 recommendations. Broadly, these recommendations addressed the following matters:
Further refinement of the scheme’s scope, and the actors and activities that would be captured,
The activities that should be exempt from the scheme,
Registrants’ obligations for reporting and registering,
Recalibrating the offences that will underpin the enforcement of the scheme,
Establishing appropriate oversight, review and implementation measures to ensure the Scheme’s effective operation.
1.37
The Government accepted all of the Committee’s recommendations. An amended Bill, incorporating amendments in response to the Committee’s recommendations, passed the Senate and the House of Representatives on 28 June 2018. The Bill received Royal Assent on 29 June 2018.
National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017
1.38
The National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 was introduced to the House of Representatives on 7 December 2017.
1.39
The Bill comprised five schedules, mostly affecting the Criminal Code Act 1995. The Bill also proposed a range of consequential and other amendments to a number of Acts.
1.40
On 8 December 2017, the Prime Minister referred the bill to the Committee, requesting that the Committee, so far as possible, conduct its inquiry in public.
1.41
In conducting its review, the Committee received 51 submissions and 20 supplementary submissions. 2543 form letters were also received to the inquiry. It held five public hearings, two private hearings and two classified briefings.
1.42
On 7 June 2018, the Committee presented its report out of session. The Committee made 60 recommendations aimed at ensuring the Bill was clear and unambiguous in its terms, proportional and appropriately targeted to the threat, and enforceable.
1.43
The Government accepted all of the Committee’s recommendations. An amended Bill, incorporating amendments in response to the Committee’s recommendations, passed the Senate and the House of Representatives on 28 June 2018. The Bill received Royal Assent on 29 June 2018.
Counter-Terrorism Legislation Amendment Bill (No. 1) 2018
1.44
The Counter-Terrorism Legislation Amendment Bill (No. 1) 2018 was introduced into the House of Representatives on 24 May 2018. The Attorney-General referred the Bill to the Committee for review the same day.
1.45
In his second reading speech, the Attorney-General noted that:
The measures in this bill implement the first part of the government’s response to the recommendations of the PJCIS and INSLM’s recent reviews. The second part of the government’s response to these reports—which concerns creation of an extended supervision order regime—will form part of a further bill to be introduced later in 2018.
1.46
The Committee agreed to complete its inquiry and report to the Attorney-General, Minister for Home Affairs and the Parliament by June 2018.
1.47
Notice of the Committee’s review was included on its website, together with links to the Bill and Explanatory Memorandum. Noting that the Bill addressed matters already considered and reported on by the Committee, the Committee resolved that it would not seek public submissions or conduct hearings in relation to the review.
1.48
On 7 June 2018, the Committee presented its report out of session. The Committee recommended that the bill be passed. At the time of this report the bill was before the Senate.
Security of Critical Infrastructure Bill 2017
1.49
On 7 December 2017, Senator the Hon Mathias Cormann, Minister for Finance and then Deputy Leader of the Government in the Senate, introduced the Security of Critical Infrastructure Bill 2017 into the Senate.
1.50
The Bill introduced two new key measures, namely a register of critical infrastructure assets and ministerial directions powers.
1.51
On 11 December 2017, the then Attorney-General, Senator the Hon George Brandis QC, wrote to the Committee to refer the Bill for public inquiry.
1.52
In conducting its review, the Committee received 11 submissions and two supplementary submissions. It held one public hearing and one private briefing from relevant agencies in Canberra.
1.53
The Committee presented its report to the Parliament on 15 March 2018. The Committee made 10 recommendations, including recommendations aimed at providing greater clarity and certainty for industry, encouraging information sharing by the Government and enhancing the transparency of the regime’s operation.
1.54
The Government accepted all of the Committee’s recommendations. An amended Bill, incorporating amendment in response to the Committee’s recommendations, passed the Senate and the House of Representatives on 28 March 2018. The Bill received Royal Assent on 11 April 2018.
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
1.55
On 18 July 2017, the Prime Minister, the Hon Malcolm Turnbull MP, announced the establishment of a Home Affairs portfolio that would comprise immigration, border protection, domestic security and law enforcement agencies. At the same time, the Prime Minister announced reforms to the Attorney-General’s oversight of Australia’s intelligence community and agencies in the Home Affairs portfolio.
1.56
On 7 December 2017, the Prime Minister introduced the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 into the House of Representatives.
1.57
The following day, the Prime Minister wrote to the Committee to refer the provisions of the Bill for inquiry and report.
1.58
The Committee agreed to complete its inquiry and report to the Prime Minister and the Parliament by February 2018.
1.59
The Chair of the Committee, Mr Andrew Hastie MP, announced the inquiry by media release on 15 December 2017. The Committee received seven submissions and three supplementary submissions. The Committee held two public hearings in Canberra on 7 and 9 February 2018.
1.60
The Committee presented its report to the Parliament on 26 February 2018. The Committee made four recommendations including that the bill be passed. The Committee stated that further legislative amendments foreshadowed during the inquiry be introduced to the Parliament as soon as possible.
1.61
On 28 February 2018, the Prime Minister wrote to the Committee to advise that the Government accepted the Committee’s four recommendations in full. In his letter, the Prime Minister also advised that the Government would introduce amendments to the Bill to make changes to the 33 Acts affected by the machinery of government changes.
Amendments to the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
1.62
While amendments made in response to a Committee recommendation are not typically referred back for review, on 2 March 2018 the Attorney-General referred the Government’s set of proposed amendments to the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 to the Committee for review.
1.63
In conducting its review, the Committee received five submissions. The Committee determined that it would not hold hearings for the review.
1.64
The Committee presented its report to the Parliament on 28 March 2018. The Committee made no recommendations to amend the Bill and recommended that the Bill be passed.
1.65
1.7
The Bill passed the Senate and the House of Representatives on 9 May 2018. The Bill received Royal Assent on 9 May 2018.
Identity-matching Services Bill 2018 and the Australian Passports Amendment (Identity-matching Services) Bill 2018
1.66
On 7 February 2018, the Hon Peter Dutton MP, Minister for Home Affairs, introduced the Identity-matching Services Bill 2018 into the House of Representatives.
1.67
On 7 February 2018, the Hon Julie Bishop MP, Minister for Foreign Affairs, introduced the Australian Passports Amendment (Identity-matching Services) Bill 2018 to the House of Representatives.
1.68
On 1 March 2018, Attorney-General, the Hon Christian Porter MP, wrote to the Committee to refer the provisions of both Bills for inquiry. He requested that the Committee should, as far as possible, conduct its inquiry in public.
1.69
The Committee’s review of these bills is ongoing.
Review of listings of terrorist organisations under the Criminal Code
1.70
Under Division 102 of the Criminal Code, it is an offence to direct the activities of, be a member of, associate with or conduct a range of activities in support of a listed terrorist organisation. Section 102.1A of the Criminal Code provides that the Committee may review a regulation specifying an organisation as a terrorist organisation and report the Committee’s comments to each house of the Parliament before the end of the applicable disallowance period (15 sitting days).
1.71
Regulations re-listing Boko Haram and Islamic State as terrorist organisations under the Criminal Code were made by the Federal Executive Council on 27 June 2017.
1.72
The Committee reviewed and supported the re-listing, finding no reason to disallow the legislative instruments. The Committee presented its report to the Parliament on 16 October 2017.
1.73
The regulation listing Islamic State East Asia as a terrorist organisation under the Criminal Code was made by the Federal Executive Council on 7 September 2017.
1.74
The Committee reviewed and supported the listing, finding no reason to disallow the legislative instruments. The Committee presented its report to the Parliament on 5 December 2017.
1.75
Regulations listing Islamic State Khorasan Province and re-listing al-Murabitun as terrorist organisations under the Criminal Code were made by the Federal Executive Council on 2 November 2017.
1.76
The Committee reviewed and supported the listing of Islamic State Khorasan Province and the re-listing of al-Murabitun, finding no reason to disallow the legislative instruments. The Committee presented its report to the Parliament on 8 February 2018.
1.77
Regulations re-listing Hizballah’s External Security Organisation as a terrorist organisation were made by the Federal Executive Council on 27 April 2018.
1.78
The Committee reviewed and supported the re-listing of Hizballah’s External Security Organisation finding no reason to disallow the legislative instrument. The Committee presented its report to the Parliament on 20 June 2018.
1.79
Regulations re-listing Islamic Movement of Uzbekistan (IMU), Jaish-e-Mohammad (JeM) and Lashkar-e Jhangvi (LeJ) as terrorist organisations were made by the Federal Executive Council on 2 March 2018.
1.80
The Committee reviewed and supported the re-listing of IMU, JeM and LeJ finding no reason to disallow the legislative instruments. The Committee presented its report to the Parliament on 20 June 2018.
1.81
The regulations listing Jemaah Anshorut Daulah (JAD) and Jama'at Mujahideen Bangladesh (JMB) as a terrorist organisations were made by the Federal Executive Council on 7 June 2018.
1.82
The Committee’s review of these regulations is ongoing.
Review of ‘declared terrorist organisations’ under the Citizenship Act
1.83
Under sections 33AA and 35 of the Australian Citizenship Act 2007 (Citizenship Act), a person aged 14 years or older who is a national or citizen of another country loses their Australian citizenship if they engage in certain conduct on behalf of a ‘declared terrorist organisation’, as defined in section 35AA. Subsection 35AA(4) provides that, once a declaration is made by the Minister, the Committee may review the declaration and report the Committee’s comments and recommendations to each House of the Parliament during the applicable disallowance period (15 sitting days).
1.84
On 27 July 2017, the Minister for Immigration and Border Protection, the Hon Peter Dutton MP, wrote to the Committee advising of his decision to declare Jabhat al-Nusra as a ‘declared terrorist organisation’ under section 35AA of the Citizenship Act. The Minister’s letter indicated that he was satisfied on reasonable grounds that the matters at subsection 35AA(2) had been met in relation to Jabhat al-Nusra.
1.85
This was the second time an organisation has been made a ‘declared terrorist organisation’ under the Citizenship Act, the first being the self-described ‘Islamic State’ in May 2016.
1.86
In reviewing the declaration, the Committee noted its intention to take a similar approach to its established process for reviews of the listing (and re-listing) of terrorist organisations under the Criminal Code. The Committee’s review examined both the process followed by the Government prior to making the declaration and the merits of the grounds for the declaration itself.
1.87
The Committee was satisfied that appropriate processes had been followed and found no reason to disallow the legislative instrument. The Committee presented its report to the Parliament on 16 October 2017.
Review of ‘declared areas’ under the Criminal Code
1.88
Section 119.2 of the Criminal Code provides that it is an offence for a person to enter, or remain, in a ‘declared area’. There are exceptions to this offence for persons entering, or remaining in, declared areas solely for one or more of the listed ‘legitimate purposes’, or for service with a foreign government armed force (other than a proscribed organisation).
1.89
Section 119.3 of the Criminal Code provides that the Minister for Foreign Affairs may, by legislative instrument, declare an area in a foreign country for the purposes of section 119.2 if he or she is ‘satisfied that a listed terrorist organisation is engaging in a hostile activity in that area of the foreign country’. Unless disallowed by the Parliament, or revoked earlier by the Minister for Foreign Affairs, a declaration ceases to have effect on the third anniversary of that day on which it takes effect.
1.90
Mosul District, Ninewa Province, Iraq, was first declared as an area in a foreign country for the purposes of section 119.2 of the Criminal Code on 3 March 2015. On 1 March 2018, the Minister for Foreign Affairs wrote to the Committee to advise that she had re-declared Mosul District.
1.91
The declaration came into effect on 3 March 2018, the day after it was registered on the Federal Register of Legislative Instruments. The declaration was tabled in the Senate on 19 March 2018 and in the House of Representatives on 26 March 2018.
1.92
The Committee reviewed and supported the re-listing of Mosul District, Ninewa Province, Iraq as an area in a foreign country for the purposes of section 119.2 of the Criminal Code. The Committee presented its report to the Parliament on 20 June 2018.
1.93
Under subsection 119.3(5) of the Criminal Code if the Minister for Foreign Affairs ceases to be satisfied that listed terrorist organisation is engaging in hostile activity in a declared area they must revoke the declaration.
1.94
On 27 November 2017 the Minister for Foreign Affairs wrote to the Committee to advise that she had revoked the declaration of al-Raqqa province in Syria as declared area.
Oversight of AFP counter-terrorism activities
1.95
Part 5.3 of the Criminal Code contains the Commonwealth terrorism offences, control order regime and preventative detention order regime.
1.96
Under section 29(1)(baa) of the Intelligence Services Act, it is a function of the Committee to monitor and to review the performance by the Australian Federal Police (AFP) of its functions under Part 5.3 of the Criminal Code. It is also a function of the Committee to report to the Parliament, with such comments as it thinks fit, upon any matter appertaining to the AFP or connected with the performance of its functions under Part 5.3 of the Criminal Code.
AFP counter-terrorism activities – 1 June 2017 to 31 May 2018
1.97
The AFP provided details of activities undertaken from 1 June 2017 to 31 May 2018 in relation to Part 5.3 of the Criminal Code. During the reporting period the Committee also sought figures on the continuing detention orders and interim detention orders which were added as an additional Part 105A to the Criminal Code by the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016. These statistics were discussed at a private briefing with the AFP on 27 June 2018 and are outlined in detail in Appendix C of this report.
Review of retained data activities of the AFP and ASIO
1.98
In October 2015, a regime for the mandatory retention of telecommunications data by service providers commenced under Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (TIA Act). The implementation period for the regime ended in April 2017.
1.99
Under section 29(1)(bd) of the Intelligence Services Act, it is a function of the Committee to, subject to certain restrictions, review any matter that relates to the retained data activities of ASIO and is set out in the relevant sections of ASIO’s annual report. Similarly, under section 29(1)(be) of the Intelligence Services Act, it is a function of the Committee to review any matter that relates to the retained data activities of the AFP in relation to offences against Part 5.3 of the Criminal Code and is set out in the annual report for the TIA Act.
1.100
During the reporting period, ASIO provided the Committee with a copy of Appendix H of its classified annual report for 2016–17, relating to ASIO’s authorisations for retained and prospective telecommunications data. The Committee reviewed the material in conjunction with its Review of Administration and Expenditure No. 16. The Committee did not consider it necessary to conduct any more detailed inquiry in relation to ASIO’s retained data activities over the reporting period.
1.101
During the reporting period the Committee did not review any matter, pursuant to section 29(1)(be) of the Intelligences Services Act, set out in the 2015-16 annual report on the Telecommunications (Interception and Access) Act 1979 (TIA Act) relating to the retained data activities of the AFP.
1.102
As at 30 June 2018, the 2016–17 annual report on the TIA Act had not yet been released.
Notifications and reports
1.103
The Intelligence Services Act, the TIA Act and the Citizenship Act each require the Committee to be notified of certain matters or provided with certain reports. Appendix D outlines notifications and reports received during the reporting period.
1.104
On 21 May 2018, the Hon Peter Dutton, Minister for Home Affairs wrote to the Committee to inform it that, on 26 April 2018, the Australian Federal Police was issued two journalist information warrants under section 180T of the TIA Act, to authorise disclosure of a journalist’s telecommunications data for a purpose that includes identifying the journalist’s source.
1.105
On 27 June 2018, the Committee received a private classified briefing on the journalist information warrants. However, as the warrants related to ongoing investigations, the Committee was not provided with specific information about the circumstances in which the warrants were issued.
1.106
On 10 July 2017, the Minister for Home Affairs wrote to the Committee to inform it that a written notice to the effect that a specified individual had, by their conduct, renounced their Australian citizenship under section 35(1) of the Citizenship Act had been given to the individual, or that an unsuccessful attempt to do so had been made, in accordance with subsection 35(5)(a). The Committee requested, and received, a written brief on the matter in accordance with section 51C(5) of the Act. The Committee had previously, during 2016–17, received an oral briefing on a determination by the Minister under subsection 35(7) not to give written notice to the individual, as the Minister was satisfied, at that time, that the giving of a notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations.
Other activities
Private briefings
1.107
The Committee received a range of private briefings from relevant Commonwealth departments and agencies, as well as visiting dignitaries, during the reporting period. Some briefings were in connection to specific inquiries before the Committee, while others concerned the Committee’s broader oversight remit.
Site visits
1.108
The Committee conducted one site visit during the reporting period to the AFP’s Forensic Facilities on 11 August 2017 in Canberra. The Committee inspected the AFP’s facilities and received private briefings on a range of topics.
Delegation to the United States of America
1.109
A delegation of the Committee travelled to the United States of America from 14 to 22 April 2018. The delegation was led by the Chair Mr Andrew Hastie MP, with Senator Fawcett, Senator McAllister and Senator Wong also participating.
1.110
The purpose of the delegation was to discuss security issues impacting both nations and cooperative responses to these threats. Topics included:
current and evolving areas of international security threats, and
oversight arrangements for intelligence and security agencies.
1.111
The delegation held informative meetings with the following Congressional committees:
House Permanent Select Committee on Intelligence, and
Senate Select Committee on Intelligence.
1.112
Meetings were also held with the following agencies:
Central Intelligence Agency (CIA),
Federal Bureau of Investigation (FBI),
National Counterintelligence Security Centre,
US Department of Defense,
National Security Council, and
1.113
In addition, the delegation met with a range of national security commentators and strategic think-tanks, such as:
Former Congressman Mike Rogers,
Canadian National Security and Intelligence Committee of Parliamentarians,
BSA - The Software Alliance, and
1.114
Delegation members also attended the Friends of Australia Caucus Reception commemorating ANZAC day and an ANZAC memorial service.
1.115
The delegation was particularly useful in informing the Committee’s inquiries into the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 and the Foreign Influence Transparency Scheme Bill 2017. Such delegations provide significant value by affirming international cooperative approaches to intelligence sharing and security, and enhancing the capacity of the Committee to scrutinise and review proposed national security measures.
1.116
The Committee thanks Australian Embassy staff in Washington for assisting to facilitate the program, and thanks all those who made the time to meet with the delegation.
Expansion of Committee functions
1.117
During the reporting period the Committee’s functions have expanded to allow Committee oversight over various aspects of the counter-terrorism measures passed by the Parliament during the year.
1.118
These expanded functions are:
Notification in writing to the Committee when an initial preventative detention order, continued preventative detention order, or an prohibited contact order are made;
Subject to passage of the CTLA Bill, Committee to review a declaration made under Section 119.3 of the Criminal Code at any time during which the declaration is in effect and report the Committee’s comments and recommendations to each House of the Parliament;
Subject to passage of the CTLA Bill, Committee to be informed on use of the stop, search and seizure powers under Division 3 of Part IAA of the Crimes Act 1914 as soon as practicable after exercise of a power or powers;
Additional review powers under Intelligence Services Act (see below);
Review of the Foreign Influence Transparency Scheme to be commenced three years after commencement of the Act;
A copy of the Independent National Security Legislation Monitor’s report on aspects of the Criminal Code introduced or amended by the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 to be provided to the Committee; and
Review of the Security of Critical Infrastructure Act 2018 to be begun before the end of three years after the Act’s assent on 11 April 2018.
Additional powers under the Intelligence Services Act 2001
1.119
In accordance with recommendations made by the Committee in its Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime the CTLA Bill amends Section 29(1)(bb) of the Intelligence Services Act to provide for the Committee to review, by 7 January 2021, the operation, effectiveness and implications of:
Division 3A of Part IAA of the Crimes Act 1914 (stop, search and seizure powers),
Divisions 104 and 105 of the Criminal Code (control order regime and preventative detention order regime),
sections 119.2 and 119.3 of the Criminal Code (declared area provisions).
1.120
In addition section 29(1)(bba) of the Intelligence Services Act will be amended so that the Committee can monitor and review:
the performance by the AFP of its functions under Division 3A of Part IAA of the Crimes Act 1914, and
the basis of the Minister’s declaration of prescribed security zones under section 3UJ of the Crimes Act 1914.
Concluding comments
1.121
The Committee continued to operate at a high tempo during 2017–18. The reviews of proposed and existing pieces of legislation, in particular, placed significant demands on the Committee.
1.122
The 2017-18 period included a statutory requirement for the Committee to review the following:
the police stop, search and seizure powers, the control order regime and the preventative detention order regime,
the ‘declared area’ provisions, and
ASIO's questioning and detention powers.
1.123
The Committee completed each of these reviews and made recommendations to strengthen the transparency of the reviewed powers and ensure that the powers remain appropriately targeted and proportionate in the current threat environment.
1.124
Proposed legislation in relation to espionage and foreign interference, foreign influence and the security of critical infrastructure were another key focus of the Committee this year.
1.125
The Committee recognises that these Bills were introduced to the Parliament to enhance the ability of security and law enforcement agencies to respond to threats and protect the Australian community from foreign interference and espionage. In its recommendations, the Committee sought to strengthen the provisions of each of these Bills and ensure that each included appropriate safeguards and oversight mechanisms.
1.126
The Committee also considered machinery of government changes related to the creation of the Department of Home Affairs. The Committee will monitor the impact of the revised ministerial and departmental arrangements in its annual agency administration and expenditure inquiries, and its review of the AFP’s performance of its functions under Part 5.3 of the Criminal Code.
1.127
The Committee notes that the recommendations of the 2017 Independent Intelligence Review are yet to be fully implemented and expects further implementing legislation to be referred to it in the coming year. The Committee anticipates that this legislation will enhance its oversight role through expanding the Committee’s oversight remit to include additional agencies and strengthening the Committee’s relationships with the Inspector-General of Intelligence and Security, the Independent National Security Legislation Monitor and the Director-General of the (to be established) Office of National Intelligence.
1.128
The Committee thanks the stakeholders, including submitters, witnesses and government officials, who contributed to the Committee’s work throughout the year.
Chair
August 2018