Review of the Australian Security Intelligence Organization Legislation
Amendment Bill 1999
An Advisory Report on the ASIO Legislation Amendment Bill 1999: Government
response
The Hon Daryl Williams AM QC MP Attorney-General
21 JUN 1999
ISL99/1443
The Hon. David Jull, MP
Presiding Member
Parliamentary Joint Committee on the
Australian Security Intelligence Organization
Parliament House CANBERRA ACT 2600
Dear Mr Jull
In my letter to you of 11 May 1999 I indicated that I would write again
setting out the Government's response to the Committee's report on the
Australian Security Intelligence Organisation Legislation Amendment Bill
1999.
I am pleased to inform you that the Government has decided to implement
almost all of the Committee's recommendations.
There are only two recommendations that the Government will not be immediately
implementing. The first is the recommendation to abolish existing restrictions
on membership of the Committee (paragraph 2.28). It is undesirable to
deal with this recommendation in haste and solely in the context of the
membership of your Committee since a similar restriction applies to other
Parliamentary Joint Committees. The Government, therefore, will examine
and consult on the full implications attached to this recommendation before
making a final decision.
The Government has decided not to accept the recommendation that the
Financial Transaction Reports Act 1988 (the FTR Act) be amended
to require the Director of AUSTRAC to include, in AUSTRAC's annual report,
certain information in relation to ASIO's access to FIR information (paragraph
6.20).
As noted in the Committee's report, the proposed amendment is modelled
on reporting obligations given to the Commissioner of Taxation under the
Taxation Administration Act 1953 (the TAA Act). That Act permits
the Commissioner of Taxation to disclose tax information in certain circumstances.
It is consistent with the disclosure provisions of the TAA Act that the
Commissioner should report in respect of disclosures the Commissioner
has made. The FTR Act, however, authorises the Director of AUSTRAC to
give specified agencies access to FTR information. It is not consistent
with the legislative scheme of the FTR Act to require the Director of
AUSTRAC to report on the frequency or type of use of FIR information by
an agency that is given access. Also, I can see no justification for singling
out ASIO as the only Commonwealth or State agency with access to FIR information
to be reported on in this way.
On the Committee's recommendation in relation to adding, deleting or
altering data (paragraph 3.57), I have accepted advice from the Australian
Government Solicitor that the relevant provisions in the Bill are sufficiently
clear and do not require amendment to address the Committee's concern.
However, the explanatory memorandum will be amended in line with the Committee's
recommendation. In addition, I have approved a Government amendment to
the wording of Item 16, paragraph 25A(4)(a) to clarify further that a
person executing a computer access warrant may not modify the target data.
This should assist to allay some of the concerns expressed to the Committee
on this issue.
I wish again to express my appreciation to the Committee for their Report
and for the expeditious way it carried out its task.
Yours sincerely
DARYL WILLIAMS
Top
|