Referral of the Bill
1.1
The Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020 was introduced into the House of Representatives by the Hon Christian Porter MP, former Attorney-General of Australia, on 9 December 2020.
1.2
In his second reading speech, the former Attorney-General said:
In this bill, the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020 (the Integrity Measures Bill) implements the government's decision to extend the Inspector-General of Intelligence and Security's (IGIS) jurisdiction to the intelligence functions of ACIC and AUSTRAC. The bill will also extend the Parliamentary Joint Committee on Intelligence and Security's (PJCIS) jurisdiction to intelligence functions of AUSTRAC. The bill amends the Inspector-General of Intelligence and Security Act 1986 (IGIS Act) and the Intelligence Services Act 2001 (IS Act) to implement these decisions, along with additional amendments to ensure that the legislation governing the IGIS remains fit for purpose.
The bill's expansion of IGIS's jurisdiction is consistent with the recommendations of the recent comprehensive review of intelligence legislation by Mr Dennis Richardson AC, which was released on 4 December 2020.
1.3
The Bill was referred to the Parliamentary Joint Committee on Intelligence and Security (PJCIS) for review by the former Attorney-General, on 10 December 2020.
Conduct of the inquiry
1.4
The Committee announced its inquiry on 21 December 2020 and invited submissions from interested members of the public by 12 February 2021.
1.5
The Committee received 6 submissions and 3 supplementary submissions. A list of submissions received can be found at Appendix A.
1.6
The Committee held a public hearing on 6 May 2021. A list of witnesses appearing at the hearing can be found at Appendix B.
1.7
Copies of submissions, the transcript from the public hearing and links to the Bill and Explanatory Memorandum can be accessed at the Committee’s website.
Report structure
1.8
This report comprises 4 chapters:
The remainder of Chapter 1 provides an overview of the Bill.
Chapter 2 provides an overview of the existing oversight arrangements for the Australian Intelligence Community (AIC) and provides an overview of major reviews of the AIC.
Chapter 3 discusses the key provisions of the Bill, and the views of inquiry participants.
Chapter 4 sets out the Committee’s comments on the Bill.
Overview of the Bill
1.9
The Bill seeks to amend the Inspector-General of Intelligence and Security Act 1986 and the Intelligence Services Act 2001 (IS Act) in line with recommendations of the Richardson Review to extend oversight measures for two agencies, extend parliamentary oversight and modernise and clarify drafting language.
1.10
To achieve this, the Bill seeks to:
expand the oversight of the Inspector-General of Intelligence and Security (IGIS) to the intelligence functions of the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Criminal Intelligence Commission (ACIC);
expand the oversight of the PJCIS to the intelligence functions of AUSTRAC; and
make amendments to the Inspector-General of Intelligence and Security Act 1986 (IGIS Act) to improve clarity, modernise drafting expressions and remove redundant provisions, as well as amendments to address certain limitations in the IGIS’s oversight functions and powers in order to strengthen the integrity of inquiry processes.