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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Independent National Security
Legislation Monitor Amendment Bill
2021
No. , 2021
(Attorney-General)
A Bill for an Act to amend the
Independent National
Security Legislation Monitor Act 2010
, and for
related purposes
No. , 2021
Independent National Security Legislation Monitor Amendment Bill
2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Independent National Security Legislation Monitor Act 2010
3
No. , 2021
Independent National Security Legislation Monitor Amendment Bill
2021
1
A Bill for an Act to amend the
Independent National
1
Security Legislation Monitor Act 2010
, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Independent National Security Legislation Monitor
6
Amendment Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Independent National Security Legislation Monitor Amendment Bill
2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2021
Independent National Security Legislation Monitor Amendment Bill
2021
3
Schedule 1--Amendments
1
2
Independent National Security Legislation Monitor Act 2010
3
1 After paragraph 6(1)(b)
4
Insert:
5
(ba) to report on matters relating to the performance of the
6
Monitor's functions as set out in paragraphs (a) and (b);
7
(bb) to report on reviews completed under subsections (1B) and
8
(1C);
9
2 After paragraph 6(1)(c)
10
Insert:
11
(ca) if a matter is referred to the Monitor by the Committee on
12
Intelligence and Security under section 7A, and the Monitor
13
decides to perform the function under paragraph (1)(a) or (b)
14
in relation to the reference--to report on that reference;
15
3 Paragraph 6(1)(e)
16
Repeal the paragraph.
17
4 Subsection 6(1A)
18
Omit all the words after "Committee on Intelligence and Security",
19
substitute "under section 7A, the Monitor may perform the function set
20
out in paragraph (1)(a), (b) or (ca) in relation to the matter".
21
5 Subsection 6(1D)
22
Repeal the subsection.
23
6 Paragraph 29(1)(a)
24
After "and (b)", insert ", including information relating to the
25
performance of the Monitor's functions as set out in subsection 6(1A)".
26
7 After paragraph 29(1)(b)
27
Insert:
28
Schedule 1
Amendments
4
Independent National Security Legislation Monitor Amendment Bill
2021
No. , 2021
(1A) Despite paragraph (1)(a), the annual report need not include
1
information described in that paragraph if such information is
2
already included in a report prepared under section 29A.
3
8 After section 29
4
Insert:
5
29A Special report
6
(1) The Independent National Security Legislation Monitor may, from
7
time to time, prepare and give to the Attorney-General a report (a
8
special report
) relating to the performance of the Monitor's
9
functions as set out in paragraphs 6(1)(a), (b) and (ca).
10
(2) Before preparing the special report, the Independent National
11
Security Legislation Monitor must give to the Attorney-General
12
and Prime Minister a notice in writing:
13
(a) of his or her intention to prepare the special report; and
14
(b) providing reasons why, in the opinion of the Monitor, the
15
special report is required.
16
(3) If the Independent National Security Legislation Monitor considers
17
that a special report contains information of the kind referred to in
18
subsection 29(3), the Monitor must also prepare and give to the
19
Attorney-General, the same time as the special report, a version of
20
the report which does not contain that information (a
declassified
21
special report
).
22
(4) In determining whether the report contains information of the kind
23
referred to in subsection 29(3), the Independent National Security
24
Legislation Monitor may consult the responsible Minister or
25
responsible Ministers concerned.
26
(5) The Attorney-General must cause a copy of:
27
(a) the special report; or
28
(b) if the special report contains information of the kind referred
29
to in subsection 29(3)--the corresponding declassified
30
special report;
31
to be presented to each House of the Parliament within 15 sitting
32
days of that House after the day on which he or she receives the
33
report.
34
Amendments
Schedule 1
No. , 2021
Independent National Security Legislation Monitor Amendment Bill
2021
5
29B Statutory review report
1
(1) This section applies if the Independent National Security
2
Legislation Monitor completes a review under subsection 6(1B) or
3
(1C).
4
(2) The Independent National Security Legislation Monitor must
5
prepare and give to the Attorney-General a report relating to the
6
performance of the review (a
statutory review report
).
7
(3) If the Independent National Security Legislation Monitor considers
8
that a statutory review report contains information of the kind
9
referred to in subsection 29(3), the Monitor must also prepare and
10
give to the Attorney-General, the same time as the statutory review
11
report, a version of the report which does not contain that
12
information (a
declassified statutory review report
).
13
(4) In determining whether the statutory review report contains
14
information of the kind referred to in subsection 29(3), the
15
Independent National Security Legislation Monitor may consult
16
the responsible Minister or responsible Ministers concerned.
17
(5) The Attorney-General must cause a copy of:
18
(a) the statutory review report; or
19
(b) if the statutory review report contains information of the kind
20
referred to in subsection 29(3)--the corresponding
21
declassified statutory review report;
22
to be presented to each House of the Parliament within 15 sitting
23
days of that House after the day on which he or she receives the
24
report.
25
9 Section 31
26
Before "No action", insert "(1)".
27
10 Paragraph 31(b)
28
Omit "or his", substitute "of his".
29
11 At the end of section 31
30
Add:
31
Schedule 1
Amendments
6
Independent National Security Legislation Monitor Amendment Bill
2021
No. , 2021
(2) No action, suit or proceeding may be brought against a person who
1
is assisting, or has assisted, the Independent National Security
2
Legislation Monitor under sections 33 or 34 in relation to anything
3
done, or omitted to be done, in good faith by that person:
4
(a) assisting the Monitor in the performance, or purported
5
performance, of his or her functions or duties; or
6
(b) assisting the Monitor in the exercise, or purported exercise,
7
of his or her powers.
8
12 At the end of Part 5
9
Add:
10
33 Staff of the Independent National Security Legislation Monitor
11
(1) The Independent National Security Legislation Monitor may be
12
assisted by the following persons, whose services are made
13
available to the Monitor in connection with the performance of any
14
of the Monitor's functions, or the exercise of the Monitor's
15
powers:
16
(a) APS employees in the Department whose services are made
17
available to the Monitor by the Secretary of the Department;
18
(b) employees of Agencies (within the meaning of the
Public
19
Service Act 1999
);
20
(c) persons employed under the
Australian Security Intelligence
21
Organisation Act 1979
;
22
(d) persons employed under the
Intelligence Services Act 2001
;
23
(e) Parliamentary Service employees (within the meaning of the
24
Parliamentary Service Act 1999
);
25
(f) members of the Australian Defence Force.
26
(2) When performing services for the Independent National Security
27
Legislation Monitor, the persons are subject to the directions of the
28
Monitor.
29
34 Contractors engaged by the Independent National Security
30
Legislation Monitor
31
(1) The Independent National Security Legislation Monitor may, on
32
behalf of the Commonwealth, engage persons to assist in the
33
Amendments
Schedule 1
No. , 2021
Independent National Security Legislation Monitor Amendment Bill
2021
7
performance of any of the Monitor's functions, or the exercise of
1
the Monitor's powers.
2
(2) The persons are to be engaged on the terms and conditions that the
3
Independent National Security Legislation Monitor determines in
4
writing.
5
(3) When performing services for the Independent National Security
6
Legislation Monitor, a person engaged under subsection (1) is
7
subject to the directions of the Monitor.
8
(4) The Independent National Security Legislation Monitor may, in
9
writing, delegate the Monitor's power under subsection (1) to a
10
member of the staff of the Monitor who is:
11
(a) classified as an Executive Level 2 or equivalent or higher; or
12
(b) acting in a position usually occupied by a person with a
13
classification level of the kind mentioned in paragraph (a).
14
(5) In exercising the power delegated under subsection (4), the
15
delegate is subject to the directions of the Independent National
16
Security Legislation Monitor.
17