Second Reading Speeches

National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
47

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Summary

Amends the:

Acts Interpretation Act 1901
,
Australian Security Intelligence Organisation Act 1979
and
Telecommunications (Interception and Access) Act 1979
to prohibit the conferral of certain powers of the Attorney-General upon another minister;
Law Officers Act 1964
to remove the ability of the Attorney-General to delegate certain powers;
Criminal Code Act 1995
to provide defences for four offences relating to tampering or interfering with telecommunications carrier facilities, unauthorised modification of data and unauthorised impairment of electronic communications;
Intelligence Services Act 2001
to: amend the membership of the Parliamentary Joint Committee on Intelligence and Security; and provide that the minister may direct the Australian Secret Intelligence Service to undertake activities of a specific or general nature, or by way of a class or classes;
Crimes Act 1914
to enable the Australian Security Intelligence Organisation (ASIO) to use, record and disclose spent convictions information;
Inspector-General of Intelligence and Security Act 1986
and
Public Interest Disclosure Act 2013
to provide annual reporting requirements in relation to public interest disclosures received by, and complaints made to, the Inspector-General of Intelligence and Security (IGIS);
Ombudsman Act 1976
to remove six intelligence agencies from the Commonwealth Ombudsman’s jurisdiction;
Freedom of Information Act 1982
to remove the exemption for documents relating to the non-intelligence functions of the Australian Hydrographic Office;
Administrative Appeals Tribunal Act 1975
and
Archives Act 1983
to require proceedings in relation to security records under the
Archives Act 1983
to be heard in the Security Division of the Administrative Appeals Tribunal (AAT); and
Freedom of Information Act 1982
and
Archives Act 1983
to provide that the IGIS is obliged to provide evidence in proceedings only where the material in the proceedings relates to agencies the IGIS oversees.

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