List of recommendations

3.27The Committee recommends that the Explanatory Memorandum for the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023 be amended, or a supplementary Explanatory Memorandum presented, acknowledging that human sources are included in the scope of an ASIO affiliate for the purposes of the proposed new definition of ASIO Officer in section 473.1 of the Criminal Code Act 1995.

The Committee further recommends that in the upcoming review of the Minister’s Guidelines made under section 8A of the Australian Security Intelligence Organisation Act 1979, the Minister for Home Affairs consider whether additional safeguards are required to ensure appropriate control by ASIO over the activities of its affiliates, including human sources or any affiliates working under ‘other arrangements’, in light of new legal defences to certain criminal acts becoming available to them.

3.54The Committee recommends that, following implementation of the recommendation in this report, the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023 be passed by the Parliament.