List of Recommendations

Recommendation 1

4.10

The Committee recommends that proposed sub-subsection 34AD (1)(c) of the Australian Security Intelligence Organisation Amendment Bill 2020 be amended so that a legal practitioner able to be appointed as a prescribed authority must have engaged in legal practice for at least 10 years and be a Queen’s Counsel or a Senior Counsel.

Recommendation 2

4.18

The Committee recommends that proposed subsection 34BB(2) of the Australian Security Intelligence Organisation Amendment Bill 2020 should be amended to require the Attorney-General to take into account the best interests of the child as a primary consideration in deciding whether to issue a minor questioning warrant.

Recommendation 3

4.31

The Committee recommends that the Australian Security Intelligence Organisation Amendment Bill 2020 and the Intelligence Services Act 2001 be amended to allow the Committee to request a written or oral briefing on any matter in relation to any questioning warrant as reported in the Annual Report prepared by the Director-General of ASIO.

Recommendation 4

4.34

The Committee recommends that section 34JF of the Australian Security Intelligence Organisation Amendment Bill 2020 be amended to introduce a sunsetting clause with the powers ceasing to have effect on 7 September 2025.

Recommendation 5

4.36

The Committee recommends that the Intelligence Services Act 2001 be amended so that the Parliamentary Joint Committee on Intelligence and Security may commence, by 7 September 2023, a review into the operation, effectiveness and implications of the Australian Security Intelligence Organisation’s questioning powers.

Recommendation 6

4.41

The Committee recommends that proposed subsection 34GF(5) of the Australian Security Intelligence Organisation Amendment Bill 2020 be amended to provide that the making of a public interest disclosure to an authorised internal recipient under the Public Interest Disclosure Act is a “permitted disclosure” for the purpose of the disclosure offences in proposed subsections 34GF(1) and 34GF(2).

Recommendation 7

4.46

The Committee recommends that the Australian Government amend the Australian Security Intelligence Organisation Amendment Bill 2020 to prohibit ASIO from using a tracking device without an internal authorisation under proposed section 26G (if the tracking device is to be installed in a public place in a jurisdiction where doing so is otherwise not permissible, including on the exterior of a vehicle in a public place, and does not exceed the limits of authority under proposed sections 26J and 26K).

Recommendation 8

4.49

The Committee recommends that, following implementation of the recommendations in this report, the Australian Security Intelligence Organisation Amendment Bill 2020 be passed by Parliament.

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