Chapter 1

Chapter 1

Introduction

Purpose of the Bill

1.1        On 30 September 2010, the Senate referred the provisions of the Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010 (Bill) to the Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 24 November 2010.[1]

1.2        The Bill was originally introduced by the Attorney-General in the House of Representatives on 24 June 2010,[2] and referred to the committee, but the Bill lapsed when the 42nd parliament was prorogued. The Bill was reintroduced by the Attorney‑General in the House of Representatives on 30 September 2010.[3]

1.3        The Bill amends the Telecommunications (Interception and Access) Act 1979 (TIA Act), the Australian Security Intelligence Organisation Act 1979 (ASIO Act) and the Intelligence Services Act 2001. The main purpose of the Bill is to enable greater cooperation, assistance and information sharing within Australia's law enforcement and national security communities by removing legislative barriers.[4] The Bill also includes amendments which aim to improve the operation of the TIA Act.[5]

1.4        In summary, the Bill seeks to:

Background

1.5        The Explanatory Memorandum (EM) to the Bill draws attention to the inaugural National Security Statement, delivered to Parliament by the then Prime Minister, the Hon. Kevin Rudd MP, on 4 December 2008, which highlighted the need for a closer relationship between the agencies within the national security community. The National Security Statement also acknowledged the critical need for the sharing of intelligence and data in the current security environment.[6]

1.6        In the second reading speech to the Bill, the Attorney-General, the Hon. Robert McClelland MP, stated that '[e]nsuring our national security and law enforcement agencies have the ability to respond to threats to our national security is a key priority' and that:

[b]y shaping and supporting a national security community we will strengthen the capacity of all agencies to protect our communities from criminal and other activities threatening our national and personal wellbeing.[7]

1.7        When the Bill was introduced in the 42nd Parliament, the Attorney-General also drew attention to the government's counterterrorism white paper, which acknowledged that responding to threats 'crystallised by globalisation and advances in technology' requires 'an intelligence-led, coordinated effort across government and between our national intelligence agencies'.[8] To ensure information does not 'fall through the gaps', agencies must be 'well connected and free from technical and other barriers to sharing relevant information and expertise' and be able to 'draw on the expertise of others within the law enforcement and national security communities for assistance'.[9]

1.8        The Bill therefore seeks to enable Australia's law enforcement and national security communities to work more closely together and share information to improve 'interoperability and intelligence sharing'.[10]

Conduct of the inquiry

1.9        The committee advertised the inquiry in The Australian newspaper on 13 October 2010, and invited submissions by 27 October 2010. The committee also wrote to over 67 organisations and individuals inviting submissions. Details of the inquiry, the Bill and associated documents were placed on the committee's website.

1.10      The committee received 16 submissions, and one supplementary submission, which were placed on the committee's website for ease of access by the public. Submissions are listed at Appendix 1.

1.11      The committee held a public hearing in Canberra on 11 November 2010. Witnesses who appeared at the hearing are listed at Appendix 2. The Hansard transcript is available through the Internet at http://aph.gov.au/hansard.

Acknowledgement

1.12      The committee thanks those organisations and individuals who made submissions and gave evidence at the public hearing.

Note on references

1.13      Submission references in this report are to individual submissions as received by the committee, not to a bound volume. References to the Committee Hansard are to the proof Hansard. Page numbers may vary between the proof and the official Hansard transcripts.

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