The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022.

Media release issue date: Wednesday, 29 March 2023

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022. The report considers Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022, which was passed into law in December 2022. Item 250 amended section 110A(1) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to allow the National Anti-Corruption Commission (NACC) access to stored communications and telecommunications data. The Committee made seven recommendations in relation to the reform of Australia’s electronic surveillance framework, parliamentary privilege and security of information. The Committee noted that Item 250 gives a wide range of covert powers to the NACC and considered the effect of the use of these powers on parliamentary privilege. The Committee recommended the Government ensure the protection of parliamentary privilege in relation to the use of covert powers in its Reform of Australia’s Electronic Surveillance Framework. Further the Committee considered that the TIA Act should be expressly amended to ensure that the provisions of that Act do not abrogate parliamentary privilege. The Committee also recommended that, given the sensitivity of information to be collected and stored by the NACC, it should be required to comply with the Essential Eight Maturity Model to Maturity Level Three as recommended by the Australian Cyber Security Centre. Finally, the Committee recommended that employees at the NACC hold a security clearance of at least Negative Vetting Level 1, with increased requirements up to Positive Vetting depending on their access to sensitive information. Committee Chair Mr Peter Khalil MP said: ‘The Committee supports allowing what will be Australia’s premier anti-corruption agency the covert powers necessary to undertake its important work. The Committee has recommended some additional measures to ensure that the NACC can operate effectively while ensuring necessary protections for parliamentary privilege, and for sensitive information.” Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is holding a public hearing for its Review of Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022.

Media release issue date: Thursday, 17 November 2022

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) is holding a public hearing for its Review of Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022. Public hearing 18 November 2022 10.30 am – 1.45 pm Committee Room 2R1, Parliament House, Canberra The Committee’s website has a full program for the hearing Subsection 110A(1) of the TIA Act defines 'criminal law-enforcement agency', being an agency that is permitted to obtain stored communications warrants and to give authorisations for access to telecommunications data under the TIA Act. Item 250 of Schedule 1 to the Consequential Bill amends the definition of criminal law-enforcement agency to remove the reference to the Australian Commission for Law Enforcement Integrity and insert a reference to the National Anti-Corruption Commission. The Bill proposes that this Item would ensure the new Commission can exercise TIA Act powers, to effectively investigate corrupt conduct that could be serious or systemic where the conduct concerned meets the existing thresholds in the TIA Act. Teleconference and video conference facilities may be used to connect witnesses to Committee Members. The hearings will be broadcast live at aph.gov.au/live. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review Item 250 of Schedule 1 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022.

Media release issue date: Tuesday, 11 October 2022

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review Item 250 of Schedule 1 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022. On 30 September 2022 the Attorney-General wrote to the Committee referring an amendment to subsection 110A(1) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) included in the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 (the Consequential Bill) for the Committee’s review. Subsection 110A(1) of the TIA Act defines 'criminal law-enforcement agency', being an agency that is permitted to obtain stored communications warrants and to give authorisations for access to telecommunications data under the TIA Act. Item 250 of Schedule 1 to the Consequential Bill amends the definition of criminal law-enforcement agency to remove the reference to the Australian Commission for Law Enforcement Integrity and insert a reference to the National Anti-Corruption Commission. The Bill proposes that this Item would ensure the new Commission can exercise TIA Act powers, to effectively investigate corrupt conduct that could be serious or systemic where the conduct concerned meets the existing thresholds in the TIA Act. Subsection 110A(11) of the TIA Act requires any amendment to subsection 110A(1) of the TIA Act to be referred to the Committee for review. The Committee notes that this review is separate to Joint Select Committee on National Anti-Corruption Commission Legislation and submissions addressing issues beyond Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 should be addressed to that Committee. Submissions, addressing only Item 250 of the Consequential Bill, are invited by Monday 31 October 2022. The Committee encourages concise submissions. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.