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:
- enable the Australian Security Intelligence Organisation (ASIO),
the Australian Secret Intelligence Service (ASIS), the Defence Signals
Directorate (DSD) and the Defence Imagery and Geospatial Organisation (DIGO) to
more closely cooperate and to assist one another in the performance of one
another's functions;
- enable ASIO to share information obtained in the performance of
its functions with other Australian intelligence agencies and with the broader
national security community;
- implement other measures in the Telecommunications
(Interception and Access) Act 1979 (TIA Act) to improve the operation of
that Act by:
- requiring carriers and nominated carriage service providers
(C/NCSPs) to inform the Communications Access Co-ordinator (CAC) of proposed
changes to telecommunications services and networks which may have a material
adverse effect on a C/NCSP's ability to meet its legal obligations under the
TIA Act and the Telecommunications Act 1997;
-
permitting delegation of the person within a carrier and carriage
service provider (C/CSPs) who is required to be notified when a
telecommunications warrant is issued;
- enabling the access and use of telecommunications data, such as
call records, by police forces to assist in finding missing persons; and
- enabling law enforcement agencies access to the stored
communications of victims of crime in circumstances where victims are unable to
be notified; and
- make minor and technical changes to rectify formatting and
typographical errors and to modernise drafting.
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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