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This is a Bill, not an Act. For current law, see the Acts databases.
INTELLIGENCE SERVICES LEGISLATION AMENDMENT BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Intelligence Services Legislation
Amendment Bill 2005
No. , 2005
(Defence)
A Bill for an Act to amend laws relating to
intelligence, and for related purposes
i Intelligence Services Legislation Amendment Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Intelligence Services Act 2001
3
Part 1--Amendments
3
Part 2--Application and transitional provisions
17
Schedule 2--Inspector-General of Intelligence and Security Act
1986
19
Part 1--Amendments relating to DIGO
19
Part 2--Other amendments
20
Schedule 3--Office of National Assessments Act 1977
25
Schedule 4--Australian Security Intelligence Organisation Act
1979
28
Schedule 5--Telecommunications (Interception) Act 1979
29
Schedule 6--Privacy Act 1988
30
Schedule 7--Freedom of Information Act 1982
31
Schedule 8--Consequential amendments of other Acts
34
Part 1--Consequential amendments relating to DIGO
34
Archives Act 1983
34
Australian Security Intelligence Organisation Act 1979
34
Crimes Act 1914
34
Crimes (Overseas) Act 1964
35
Criminal Code Act 1995
35
Human Rights and Equal Opportunity Commission Act 1986
36
Part 2--Consequential amendments relating to the
Parliamentary Joint Committee on Intelligence and
Security
37
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend laws relating to
1
intelligence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Intelligence Services Legislation
5
Amendment Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1 to
8
The 28th day after the day on which this
Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 3
1
Schedule 1--Intelligence Services Act 2001
2
Part 1--Amendments
3
1 Section 3 (definition of agency)
4
After "ASIS", insert ", DIGO".
5
2 Section 3 (after paragraph (a) of the definition of agency
6
head)
7
Insert:
8
(aa) in relation to DIGO--the Director of DIGO; and
9
3 Section 3 (paragraph (b) of the definition of agency head)
10
After "Director", insert "of DSD".
11
4 Section 3 (definition of Committee)
12
Omit "ASIO, ASIS and DSD", substitute "Intelligence and Security".
13
5 Section 3
14
Insert:
15
DIGO means that part of the Department of Defence known as the
16
Defence Imagery and Geospatial Organisation.
17
6 Section 3
18
Insert:
19
DIO means that part of the Department of Defence known as the
20
Defence Intelligence Organisation.
21
7 Section 3 (definition of Director)
22
Repeal the definition.
23
8 Section 3
24
Insert:
25
emergency response function includes, but is not limited to, a
26
function in relation to:
27
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
4 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(a) search and rescue; or
1
(b) emergency rescue; or
2
(c) response to natural disasters.
3
9 Section 3
4
Insert:
5
foreign power has the same meaning as in the Australian Security
6
Intelligence Organisation Act 1979.
7
10 Section 3
8
Insert:
9
incidentally obtained intelligence means intelligence:
10
(a) that is obtained by ASIS in the course of obtaining intelligence
11
under subsection 6(1), by DIGO in the course of obtaining
12
intelligence under paragraph 6B(a), (b) or (c) or by DSD in
13
the course of obtaining intelligence under paragraph 7(a); and
14
(b) that is not intelligence of a kind referred to in those provisions.
15
11 Section 3 (definition of intelligence information)
16
Repeal the definition, substitute:
17
intelligence information means the following:
18
(a) information obtained by ASIS under subsection 6(1);
19
(b) information obtained by DIGO under paragraph 6B(a), (b) or
20
(c);
21
(c) information obtained by DSD under paragraph 7(a);
22
(d) incidentally obtained intelligence.
23
12 Section 3
24
Insert:
25
ONA means the Office of National Assessments established by the
26
Office of National Assessments Act 1977.
27
13 Section 3 (definition of permanent resident)
28
Repeal the definition, substitute:
29
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 5
permanent resident means:
1
(a) a natural person who is a permanent resident within the
2
meaning of the Australian Security Intelligence Organisation
3
Act 1979; or
4
(b) a body corporate incorporated under a law in force in a State
5
or Territory, other than a body corporate whose activities one
6
or more of the following controls, or is in a position to control,
7
whether directly or indirectly:
8
(i) a foreign power;
9
(ii) a natural person who is neither an Australian citizen nor
10
a person covered by paragraph (a);
11
(iii) a group of natural persons, none of whom is an
12
Australian citizen or a person covered by paragraph (a).
13
14 Section 3 (paragraph (b) of the definition of responsible
14
Minister)
15
Repeal the paragraph, substitute:
16
(b) in relation to an agency--the Minister responsible for the
17
agency; and
18
(ba) in relation to DIO--the Minister responsible for DIO; and
19
15 Section 3 (paragraph (c) of the definition of responsible
20
Minister)
21
Omit "DSD" (wherever occurring), substitute "ONA".
22
16 Section 3 (paragraph (a) of the definition of staff member)
23
Repeal the paragraph, substitute:
24
(a) in relation to ASIO--a member of the staff of ASIO (whether
25
an employee of ASIO, a consultant or contractor to ASIO, or
26
a person who is made available by another Commonwealth or
27
State authority or other person to perform services for ASIO);
28
and
29
17 Section 3 (paragraphs (b) and (c) of the definition of staff
30
member)
31
Repeal the paragraphs, substitute:
32
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
6 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(b) in relation to an agency--a member of the staff of the agency
1
(whether an employee of the agency, a consultant or
2
contractor to the agency, or a person who is made available by
3
another Commonwealth or State authority or other person to
4
perform services for the agency).
5
18 At the end of section 6
6
Add:
7
(7) In performing its functions, ASIS is not prevented from providing
8
assistance to Commonwealth authorities, including to the Defence
9
Force in support of military operations, and to State authorities.
10
19 After section 6A
11
Insert:
12
6B Functions of DIGO
13
The functions of DIGO are:
14
(a) to obtain geospatial and imagery intelligence about the
15
capabilities, intentions or activities of people or organisations
16
outside Australia from the electromagnetic spectrum or other
17
sources, for the purposes of meeting the requirements of the
18
Government for such intelligence; and
19
(b) to obtain geospatial and imagery intelligence from the
20
electromagnetic spectrum or other sources for the purposes of
21
meeting the operational, targeting, training and exercise
22
requirements of the Defence Force; and
23
(c) to obtain geospatial and imagery intelligence from the
24
electromagnetic spectrum or other sources for the purposes of
25
supporting Commonwealth authorities and State authorities in
26
carrying out national security functions; and
27
(d) to communicate, in accordance with the Government's
28
requirements, intelligence referred to in paragraph (a), (b) or
29
(c); and
30
(e) to provide to Commonwealth authorities, State authorities and
31
bodies approved in writing by the Minister, the following:
32
(i) imagery and other geospatial products, not being
33
intelligence obtained under paragraph (a), (b) or (c);
34
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 7
(ii) assistance in relation to the production and use of such
1
imagery or products;
2
(iii) assistance in relation to the performance by those
3
authorities or bodies of emergency response functions.
4
20 Paragraph 7(d)
5
Repeal the paragraph, substitute:
6
(d) to provide assistance to the Defence Force in support of
7
military operations and to cooperate with the Defence Force
8
on intelligence matters; and
9
(e) to provide assistance to Commonwealth and State authorities
10
in relation to:
11
(i) cryptography, and communication and computer
12
technologies; and
13
(ii) other specialised technologies acquired in connection
14
with the performance of its other functions; and
15
(iii) the performance by those authorities of search and
16
rescue functions.
17
21 Subsection 8(1)
18
After "ASIS,", insert "the responsible Minister in relation to DIGO".
19
22 Subparagraphs 8(1)(a)(i) and (ii)
20
Omit "who is overseas".
21
23 Subsection 9(1B) (definition of foreign power)
22
Repeal the definition.
23
24 After section 9
24
Insert:
25
9A Authorisations in an emergency
26
Despite subsections 8(1) to (4) and any direction given under
27
subsection 8(1), if:
28
(a) an emergency situation arises in which an agency head
29
considers it necessary or desirable to undertake an activity or
30
a series of activities; and
31
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
8 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(b) a direction under subsection 8(1) requires the agency to obtain
1
an authorisation under section 9 before undertaking that
2
activity or series of activities; and
3
(c) the Minister referred to in the direction is not readily available
4
or contactable;
5
the Prime Minister, the Minister for Defence, the Minister for
6
Foreign Affairs or the Attorney-General may, subject to the
7
requirements of section 9, issue an authorisation under that section
8
in respect of that activity or series of activities.
9
25 After subsection 10(2)
10
Insert:
11
(2A) If, before an authorisation is cancelled under subsection (2) or
12
otherwise ceases to have effect, the relevant agency head is satisfied
13
that the grounds on which the authorisation was issued have ceased
14
to exist:
15
(a) the agency head must inform the Minister accordingly, and
16
must take the steps necessary to ensure that activities under
17
the authorisation are discontinued; and
18
(b) as soon as practicable after being so informed, the Minister
19
must consider cancelling the authorisation under
20
subsection (2).
21
26 After section 10
22
Insert:
23
10A Agency heads must report on authorised activities
24
(1) An agency head must give to the responsible Minister in relation to
25
the agency a written report in respect of each activity, or series of
26
activities, carried out by the agency in reliance on an authorisation
27
under section 9.
28
(2) The report must be provided to the Minister within 3 months of the
29
day on which the relevant authorisation ceased to have effect.
30
27 Paragraph 11(2)(c)
31
After "6(1)(a)", insert ", 6B(a), (b), or (c)".
32
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 9
28 Paragraph 11(2)(d)
1
Repeal the paragraph, substitute:
2
(d) in the case of ASIS--providing assistance as mentioned in
3
subsection 6(7); or
4
(e) in the case of DIGO--performing the functions set out in
5
paragraph 6B(e); or
6
(f) in the case of DSD--performing the functions set out in
7
paragraph 7(e).
8
29 After subsection 11(2)
9
Insert:
10
(2AA) An agency may communicate incidentally obtained intelligence to
11
appropriate Commonwealth or State authorities or to authorities of
12
other countries approved under paragraph 13(1)(c) if the
13
intelligence relates to the involvement, or likely involvement, by a
14
person in one or more of the following activities:
15
(a) activities that present a significant risk to a person's safety;
16
(b) acting for, or on behalf of, a foreign power;
17
(c) activities that are a threat to security;
18
(d) activities related to the proliferation of weapons of mass
19
destruction or the movement of goods listed from time to time
20
in the Defence and Strategic Goods List (within the meaning
21
of regulation 13E of the Customs (Prohibited Exports)
22
Regulations 1958);
23
(e) committing a serious crime.
24
30 Subsection 11(3)
25
Omit "7(c) and (d)", substitute "6B(b), (c), (d) and (e) and 7(c), (d) and
26
(e)".
27
31 Section 12A
28
Omit "Both the Director", substitute "The Director of DIGO, the
29
Director of DSD".
30
Note:
The heading to section 12A is altered by omitting "Director" and substituting
31
"Directors".
32
32 Subsection 14(3) (definition of staff member)
33
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
10 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
After "Director", insert "of DIGO, the Director of DSD".
1
33 Subsection 15(1)
2
After "ASIS,", insert "the responsible Minister in relation to DIGO".
3
34 After paragraph 15(3)(a)
4
Insert:
5
(ab) in the case of DIGO--the Director of DIGO; and
6
35 Paragraph 15(3)(b)
7
After "Director", insert "of DSD".
8
36 Paragraph 15(3)(c)
9
Omit "either", substitute "any".
10
37 Subsection 27(1)
11
After "consultant", insert "or contractor".
12
38 Part 4 (heading)
13
Repeal the heading, substitute:
14
Part 4--Committee on Intelligence and Security
15
39 Subsection 28(1)
16
Omit all the words from and including "ASIO" to and including "Act
17
and", substitute "Intelligence and Security is to be established".
18
Note:
The heading to section 28 is altered by omitting "ASIO, ASIS and DSD" and
19
substituting "Intelligence and Security".
20
40 Subsection 28(2)
21
Omit "7 members, 3 of whom must be Senators and 4", substitute "9
22
members, 4 of whom must be Senators and 5".
23
41 Paragraph 29(1)(a)
24
Omit "and DSD" (first occurring), substitute ", DIGO, DIO, DSD and
25
ONA".
26
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 11
42 Paragraph 29(1)(a)
1
Omit "ASIO, ASIS and DSD" (second occurring), substitute "of ASIO,
2
ASIS, DIGO, DIO, DSD and ONA".
3
43 Paragraph 29(1)(b)
4
Omit "or DSD", substitute ", DIGO, DIO, DSD or ONA".
5
44 Subsection 29(2)
6
Omit "or DSD", substitute ", DIGO, DIO, DSD or ONA".
7
45 Paragraph 29(3)(a)
8
Repeal the paragraph, substitute:
9
(a) reviewing the intelligence gathering and assessment priorities
10
of ASIO, ASIS, DIGO, DIO, DSD or ONA; or
11
46 Paragraph 29(3)(b)
12
Omit "or DSD", substitute ", DIGO, DIO, DSD or ONA".
13
47 Paragraph 29(3)(c)
14
Omit "or DSD", substitute ", DIGO, DIO or DSD".
15
48 Paragraphs 29(3)(e) and (g)
16
Omit "or DSD" (wherever occurring), substitute ", DIGO, DIO, DSD or
17
ONA".
18
49 At the end of subsection 29(3)
19
Add:
20
; or (h) reviewing the content of, or conclusions reached in,
21
assessments or reports made by DIO or ONA, or reviewing
22
sources of information on which such assessments or reports
23
are based; or
24
(i) reviewing the coordination and evaluation activities
25
undertaken by ONA.
26
50 After paragraph 30(b)
27
Insert:
28
(baa) the Director of DIGO;
29
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
12 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(bab) the Director of DIO;
1
51 After paragraph 30(ba)
2
Insert:
3
(bb) the Director-General of ONA;
4
52 After section 39
5
Insert:
6
39A Communication of certain information--DIGO
7
(1) A person commits an offence if:
8
(a) the person communicates any information or matter that was
9
prepared by or on behalf of DIGO in connection with its
10
functions or relates to the performance by DIGO of its
11
functions; and
12
(b) the information or matter has come to the knowledge or into
13
the possession of the person by reason of:
14
(i) his or her being, or having been, a staff member of
15
DIGO; or
16
(ii) his or her having entered into any contract, agreement or
17
arrangement with DIGO; or
18
(iii) his or her having been an employee or agent of a person
19
who has entered into a contract, agreement or
20
arrangement with DIGO; and
21
(c) the communication was not made:
22
(i) to the Director of DIGO or a staff member by the person
23
in the course of the person's duties as a staff member; or
24
(ii) to the Director of DIGO or a staff member by the person
25
in accordance with a contract, agreement or
26
arrangement; or
27
(iii) by the person in the course of the person's duties as a
28
staff member, within the limits of authority conferred on
29
the person by the Director of DIGO; or
30
(iv) with the approval of the Director of DIGO or of a staff
31
member having the authority of the Director of DIGO to
32
give such an approval.
33
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 13
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
1
(2) A prosecution for an offence against subsection (1) may be
2
instituted only by the Attorney-General or with the
3
Attorney-General's consent.
4
53 Paragraph 40(1)(c)
5
After "Director" (wherever occurring), insert "of DSD".
6
54 Schedule 1 (heading)
7
Repeal the heading, substitute:
8
Schedule 1--Committee on Intelligence and
9
Security
10
55 Part 1A of Schedule 1 (heading)
11
Repeal the heading, substitute:
12
Part 1A--Preliminary
13
56 Clause 1A of Schedule 1 (definition of agency)
14
Omit "or DSD", substitute ", DIGO, DIO, DSD or ONA".
15
57 Clause 1A of Schedule 1 (after paragraph (b) of the
16
definition of agency head)
17
Insert:
18
(ba) the Director of DIGO; or
19
(bb) the Director of DIO; or
20
58 Clause 1A of Schedule 1 (at the end of the definition of
21
agency head)
22
Add:
23
; or (d) the Director-General of ONA.
24
59 Clause 1A of Schedule 1 (paragraph (a) of the definition of
25
operationally sensitive information)
26
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
14 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
Omit "or DSD", substitute ", DIGO, DIO, DSD or ONA".
1
60 Clause 1A of Schedule 1 (paragraph (b) of the definition of
2
operationally sensitive information)
3
Omit "or DSD", substitute ", DIGO, DIO or DSD".
4
61 Clause 1A of Schedule 1
5
Insert:
6
staff member, in relation to an agency, means a member of the staff
7
of the agency (whether an employee of the agency, a consultant or
8
contractor to the agency, or a person who is made available by
9
another Commonwealth or State authority or other person to
10
perform services for the agency).
11
62 At the end of Part 1A of Schedule 1
12
Add:
13
1B Application of provisions of Schedule to subcommittees
14
Parts 1 and 2 and clauses 20, 21 and 22 of this Schedule apply to a
15
subcommittee appointed under clause 23 as if:
16
(a) references to the Committee included references to the
17
subcommittee; and
18
(b) references to the Chair of the Committee included references
19
to a member of the subcommittee authorised by the
20
subcommittee for the purpose of the provision concerned.
21
Note:
The heading to clause 3 of Schedule 1 is altered by omitting "ASIO, ASIS and DSD"
22
and substituting "agencies".
23
63 Paragraph 7(1)(a) of Schedule 1
24
After "ASIS" (second occurring), insert ", DIGO".
25
64 After clause 16 of Schedule 1
26
Insert:
27
Intelligence Services Act 2001 Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 15
16A Deputy Chair
1
(1) There must be a Deputy Chair of the Committee who must be a
2
Government member elected by the members from time to time.
3
(2) The Deputy Chair holds office during the pleasure of the
4
Committee.
5
(3) A person holding office as Deputy Chair ceases to hold the office if:
6
(a) the person ceases to be a member; or
7
(b) the person resigns the office.
8
(4) A person holding office as Deputy Chair may resign the office by
9
giving a signed notice of resignation to a meeting of the Committee.
10
65 Paragraph 18(1)(a) of Schedule 1
11
Omit "4", substitute "5".
12
66 Subclause 20(2) of Schedule 1
13
Repeal the subclause, substitute:
14
(2) The Committee must not conduct a review in public without the
15
approval of:
16
(a) the Minister responsible for ASIO; and
17
(b) the Minister responsible for ASIS; and
18
(c) the Minister responsible for DIGO, DIO and DSD; and
19
(d) the Minister responsible for ONA.
20
67 At the end of Schedule 1
21
Add:
22
Part 4--Subcommittees
23
24
23 Subcommittees
25
(1) The Committee may appoint one or more subcommittees of at least
26
3 of its members to inquire into and report to the Committee upon
27
such matters with which the Committee is concerned as the
28
Committee directs.
29
Schedule 1 Intelligence Services Act 2001
Part 1 Amendments
16 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(2) A subcommittee must report in writing to the Committee as soon as
1
practicable on each matter referred to that subcommittee by the
2
Committee.
3
(3) A subcommittee may sit at any time, including at a time when the
4
Committee is sitting.
5
24 Term of office
6
(1) A member of a subcommittee holds office during the pleasure of the
7
Committee.
8
(2) A member of a subcommittee ceases to hold office if:
9
(a) the person ceases to be a member of the Committee; or
10
(b) the person resigns the office.
11
(3) A member of a subcommittee may resign his or her office by giving
12
a signed notice of resignation to the Chair of the Committee.
13
25 Operation of subcommittees
14
(1) A subcommittee may determine matters relating to the operation of
15
the subcommittee, except as mentioned in subsection (2).
16
(2) If the Chair of the Committee gives a direction to a subcommittee in
17
relation to the operation of the subcommittee, the subcommittee
18
must operate in accordance with the direction.
19
Intelligence Services Act 2001 Schedule 1
Application and transitional provisions Part 2
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 17
1
Part 2--Application and transitional provisions
2
68 Application of amendment relating to cancellation of
3
certain authorised operations
4
The amendment made by item 25 applies to:
5
(a) authorisations in force under section 9 of the Intelligence
6
Services Act 2001 at the time of the commencement of that
7
item; and
8
(b) authorisations given under that section after the
9
commencement of that item.
10
69 Application of amendment relating to reports of
11
authorised operations
12
The amendment made by item 26 applies to an activity, or series of
13
activities, authorised under section 9 of the Intelligence Services Act
14
2001 after the commencement of that item.
15
70 Committee on Intelligence and Security--transitional
16
provision
17
(1)
This item applies to the Parliamentary Joint Committee on ASIO, ASIS
18
and DSD (the Committee) that was in existence under the Intelligence
19
Services Act 2001 immediately before the commencement of this item.
20
(2)
The Committee continues in existence by force of this item, after the
21
commencement of this item, as the Parliamentary Joint Committee on
22
Intelligence and Security under the Intelligence Services Act 2001,
23
subject to the amendments made by this Schedule.
24
(3)
A person who held office as a member of the Committee immediately
25
before the commencement of this item is taken to have been appointed,
26
immediately after that commencement, as a member of the Parliamentary
27
Joint Committee on Intelligence and Security.
28
(4)
The person who held office as Chair of the Committee immediately
29
before the commencement of this item is taken to have been elected,
30
immediately after that commencement, as Chair of the Parliamentary
31
Joint Committee on Intelligence and Security.
32
Schedule 1 Intelligence Services Act 2001
Part 2 Application and transitional provisions
18 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(5)
If the Committee was conducting a review immediately before
1
commencement:
2
(a) the Parliamentary Joint Committee on Intelligence and
3
Security may continue the review after that commencement;
4
and
5
(b) anything done for the purposes of the review before
6
commencement is taken to have been done for the purposes of
7
the review as continued in accordance with this item.
8
Inspector-General of Intelligence and Security Act 1986 Schedule 2
Amendments relating to DIGO Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 19
1
Schedule 2--Inspector-General of Intelligence
2
and Security Act 1986
3
Part 1--Amendments relating to DIGO
4
1 Subsection 3(1) (definition of agency)
5
After "ASIS,", insert "DIGO,".
6
2 Subsection 3(1)
7
Insert:
8
DIGO means that part of the Department of Defence known as the
9
Defence Imagery and Geospatial Organisation, and any part of the
10
Defence Force that performs functions on behalf of that part of the
11
Department.
12
3 Subsection 3(1) (definition of head)
13
After "ASIS," (first occurring), insert "DIGO,".
14
4 Subsection 3(1) (definition of head)
15
After "ASIS," (second occurring), insert "the Director of DIGO,".
16
5 Subsection 8(2)
17
After "ASIS", insert ", DIGO".
18
6 Subsection 8(4)
19
After "ASIS", insert ", DIGO".
20
7 Paragraphs 32A(1)(d) and (5)(b)
21
Before "DIO", insert "DIGO,".
22
8 Subsection 32B(1)
23
After "ASIS", insert ", DIGO".
24
Schedule 2 Inspector-General of Intelligence and Security Act 1986
Part 2 Other amendments
20 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
1
Part 2--Other amendments
2
9 Subsection 3(1)
3
Insert:
4
Ombudsman means the Commonwealth Ombudsman.
5
10 Paragraph 8(3)(a)
6
After "Minister", insert "or of the Inspector-General's own motion".
7
11 At the end of subsection 8(3)
8
Add:
9
; and (c) at the request of the responsible Minister or of the
10
Inspector-General's own motion, to inquire into any matter in
11
relation to the statutory independence of ONA.
12
12 Subsection 8(7)
13
After "ASIO" (first occurring), insert "or ASIS".
14
13 Subsection 8(7)
15
Omit "other than the Director-General of Security or employees of
16
ASIO", substitute:
17
other than:
18
(a) in the case of an employee of ASIO--the Director-General of
19
Security or employees of ASIO; or
20
(b) in the case of an employee of ASIS--the Director-General of
21
ASIS or employees of ASIS.
22
14 At the end of Division 1 of Part II
23
Add:
24
9B Power to enter places of detention
25
The Inspector-General may, after notifying the Director-General of
26
Security, at any reasonable time, enter any place where a person is
27
being detained under Division 3 of Part III of the Australian
28
Inspector-General of Intelligence and Security Act 1986 Schedule 2
Other amendments Part 2
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 21
Security Intelligence Organisation Act 1979 for the purposes of an
1
inspection under section 9A.
2
15 Section 15
3
Before "The Inspector-General", insert "(1)".
4
Note:
The heading to section 15 is altered by omitting "Minister and agency head" and
5
substituting "certain persons".
6
16 Section 15
7
After "Minister and", insert ", subject to subsections (2) and (3),".
8
17 At the end of section 15
9
Add:
10
(2) The Inspector-General is not required by subsection (1) to advise
11
the head of an agency that the Inspector-General proposes to
12
conduct an inquiry into a matter that relates directly to the head of
13
the agency.
14
(3) However, if the Inspector-General does not advise the head of an
15
agency that the Inspector-General proposes to conduct an inquiry
16
into a matter that relates directly to the head of the agency, the
17
Inspector-General must instead advise:
18
(a) if the matter relates to the head of ASIO, ASIS or ONA--the
19
responsible Minister in relation to ASIO, ASIS or ONA, as
20
the case requires; or
21
(b) if the matter relates to the head of DIGO, DIO or DSD--the
22
Secretary of the Department of Defence.
23
(4) To avoid doubt, this section is subject to section 17.
24
18 Section 16
25
After "Auditor-General" (first occurring), insert "and the Ombudsman".
26
Note:
The heading to section 16 is altered by adding at the end "and Ombudsman".
27
19 Section 16
28
After "Auditor-General" (second occurring), insert "or the
29
Ombudsman".
30
Schedule 2 Inspector-General of Intelligence and Security Act 1986
Part 2 Other amendments
22 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
20 Section 16
1
Omit "by both the Inspector-General and the Auditor-General",
2
substitute "by the Inspector-General and either or both of the
3
Auditor-General and the Ombudsman".
4
21 Section 19
5
Omit "(1)".
6
22 After section 19
7
Insert:
8
19A Power to enter places of detention
9
The Inspector-General may, after notifying the Director-General of
10
Security, at any reasonable time, enter any place where a person is
11
being detained under Division 3 of Part III of the Australian
12
Security Intelligence Organisation Act 1979 for the purposes of an
13
inquiry under this Act.
14
23 Subsection 21(1)
15
Before "shall" (second occurring), insert ", subject to subsections (1A)
16
and (1B),".
17
24 After subsection 21(1)
18
Insert:
19
(1A) The Inspector-General is not required by subsection (1) to give to
20
the head of an agency a copy of a draft report setting out
21
conclusions and recommendations in respect of a matter that relates
22
directly to the head of the agency.
23
(1B) However, if the Inspector-General does not give to the head of an
24
agency a copy of a draft report setting out conclusions and
25
recommendations in respect of a matter that relates directly to the
26
head of the agency, the Inspector-General must give a copy of that
27
report to:
28
(a) if the matter relates to the head of ASIO, ASIS or ONA--the
29
responsible Minister in relation to ASIO, ASIS or ONA, as
30
the case requires; or
31
Inspector-General of Intelligence and Security Act 1986 Schedule 2
Other amendments Part 2
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 23
(b) if the matter relates to the head of DIGO, DIO or DSD--the
1
Secretary of the Department of Defence.
2
(1C) To avoid doubt, subsections (1), (1A) and (1B) are subject to
3
section 17.
4
25 Paragraph 21(2)(a)
5
After "agency", insert ", a responsible Minister or the Secretary of the
6
Department of Defence".
7
26 Paragraph 21(2)(b)
8
After "agency", insert ", the responsible Minister or the Secretary".
9
27 Subsection 22(1)
10
Omit "report to the head of the agency.", substitute:
11
report:
12
(a) if a copy of the draft report was given to the head of the
13
agency under subsection 21(1)--to the head of the agency; or
14
(b) otherwise--to the person to whom a copy of the draft report
15
was given under subsection 21(1B).
16
Note:
The heading to section 22 is altered by adding at the end "given to agency head".
17
28 After section 24
18
Insert:
19
24A Action as a result of reports given to Minister or Secretary
20
(1) This section applies if the Inspector-General:
21
(a) has conducted an inquiry under this Act into a matter relating
22
to an agency; and
23
(b) has given a copy of the report in relation to the inquiry to the
24
responsible Minister in relation to the agency, or to the
25
Secretary of the Department of Defence, because of the
26
operation of subsection 21(1B).
27
(2) If the responsible Minister or the Secretary takes or proposes to take
28
any action as a result of the conclusions and recommendations set
29
out in the report, he or she must give to the Inspector-General
30
details of the action taken or proposed to be taken.
31
Schedule 2 Inspector-General of Intelligence and Security Act 1986
Part 2 Other amendments
24 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(3) If, in the opinion of the Inspector-General, the responsible Minister
1
or the Secretary does not take, within a reasonable period, action
2
that is adequate and appropriate in the circumstances:
3
(a) the Inspector-General may prepare a report relating to that
4
matter; and
5
(b) if the Inspector-General prepares such a report, he or she must
6
give a copy of the report to the Prime Minister.
7
29 Subsection 35(2)
8
After "8(1)(d)", insert "or 8(3)(c)".
9
Office of National Assessments Act 1977 Schedule 3
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 25
1
Schedule 3--Office of National Assessments
2
Act 1977
3
4
1 Section 3 (definition of Assessments Board or Board)
5
Repeal the definition.
6
2 Section 3
7
Insert:
8
Department of Defence means the Department administered by the
9
Minister administering section 1 of the Defence Act 1903.
10
3 Section 3
11
Insert:
12
Department of Foreign Affairs and Trade means the Department
13
administered by the Minister administering the Diplomatic
14
Privileges and Immunities Act 1967.
15
4 Paragraph 5(1)(d)
16
Repeal the paragraph, substitute:
17
(d) to carry out the coordination and evaluation functions
18
specified in subsections (1A) and (1B).
19
5 After subsection 5(1)
20
Insert:
21
(1A) The coordination functions of the Office are:
22
(a) to coordinate the foreign intelligence activities that Australia
23
engages in, including in relation to setting Australia's foreign
24
intelligence requirements based on Australia's foreign
25
intelligence priorities; and
26
(b) to coordinate matters of common interest to Australia's
27
foreign intelligence agencies, including, but not limited to, the
28
following:
29
(i) policy in relation to foreign intelligence;
30
Schedule 3 Office of National Assessments Act 1977
26 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
(ii) long-term planning and cross-agency planning in relation
1
to foreign intelligence;
2
(iii) liaison with international partners, consistent with the
3
capacity of the agencies to develop relationships with
4
their counterparts in other countries.
5
(1B) The evaluation functions of the Office are:
6
(a) to evaluate the foreign intelligence activities that Australia
7
engages in, having regard to:
8
(i) Australia's foreign intelligence priorities and
9
requirements; and
10
(ii) the intelligence needs of relevant Ministers; and
11
(b) to provide advice to the Minister or to relevant Departments
12
on the adequacy of the resources available for foreign
13
intelligence activities; and
14
(c) to provide advice to the Minister on any improvements or
15
changes that should be made to remedy inadequacies,
16
including, but not limited to, inadequacies relating to
17
coordination arrangements.
18
6 Subsection 6(1)
19
Omit "subsection (2)", substitute "subsections (2A) and (2B)".
20
7 Subsection 6(2)
21
Repeal the subsection, substitute:
22
(2) It is the function of the National Assessments Board to consider
23
national assessments made by the Office.
24
(2A) The membership of the National Assessments Board may be varied
25
by the Director-General from time to time, but must include:
26
(a) the persons specified in subsection (1); and
27
(b) an officer of the Department of Foreign Affairs and Trade;
28
and
29
(c) an officer of the Department of Defence; and
30
(d) an officer of the Department of the Prime Minister and
31
Cabinet; and
32
(e) a member of the Defence Force.
33
Office of National Assessments Act 1977 Schedule 3
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 27
(2B) The Director-General is to take reasonable steps to ensure that a
1
meeting of the National Assessments Board includes representatives
2
of departments and agencies appropriate to the subject matter of the
3
national assessment or national assessments under consideration by
4
the Board at that meeting.
5
8 Subsection 6(5)
6
Repeal the subsection.
7
9 Section 7
8
Repeal the section.
9
10 Subsection 8(1)
10
Omit "appropriate", substitute "National".
11
Note:
The heading to section 8 is altered by omitting "relevant" and substituting
12
"National".
13
11 Subsection 8(1)
14
Before "assessment" (first occurring), insert "national".
15
12 Subsection 8(2)
16
Omit "an Assessments", substitute "the National Assessments".
17
13 Subsection 8(2)
18
Omit "an assessment", substitute "a national assessment".
19
14 Subsection 8(3)
20
Before "Board", insert "National Assessments".
21
15 Subsection 8(3)
22
Before "assessment", insert "national".
23
16 Subsection 12(4)
24
Repeal the subsection.
25
Schedule 4 Australian Security Intelligence Organisation Act 1979
28 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
1
Schedule 4--Australian Security Intelligence
2
Organisation Act 1979
3
4
1 At the end of section 29
5
Add:
6
(4) The Director-General must, within 3 working days after issuing a
7
warrant under this section, give a copy of the warrant to the
8
Inspector-General of Intelligence and Security.
9
Telecommunications (Interception) Act 1979 Schedule 5
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 29
1
Schedule 5--Telecommunications
2
(Interception) Act 1979
3
4
1 At the end of section 10
5
Add:
6
(5) The Director-General must, within 3 working days after issuing a
7
warrant under this section, give a copy of the warrant to the
8
Inspector-General of Intelligence and Security.
9
Schedule 6 Privacy Act 1988
30 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
1
Schedule 6--Privacy Act 1988
2
3
1 Sub-subparagraph 7(1)(a)(B)
4
Before "Part", insert "Division 1 of".
5
2 After paragraph 7(1)(c)
6
Insert:
7
(ca) an act done, or a practice engaged in, as the case may be, by a
8
part of the Department of Defence specified in Division 2 of
9
Part I of Schedule 2 to the Freedom of Information Act 1982,
10
other than an act done, or a practice engaged in, in relation to
11
the activities of that part of the Department; or
12
3 Paragraph 7(1)(g)
13
After "Organisation", insert ", the Defence Imagery and Geospatial
14
Organisation".
15
4 At the end of subsection 7(1A)
16
Add:
17
; or (c) the Defence Signals Directorate of the Department of
18
Defence.
19
5 Paragraph 7(2)(b)
20
After "Organisation", insert ", the Defence Imagery and Geospatial
21
Organisation".
22
Freedom of Information Act 1982 Schedule 7
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 31
1
Schedule 7--Freedom of Information Act 1982
2
3
1 Subsection 4(1)
4
Insert:
5
Defence Imagery and Geospatial Organisation means that part of
6
the Department of Defence known as the Defence Imagery and
7
Geospatial Organisation.
8
2 Subsection 4(1)
9
Insert:
10
Defence Intelligence Organisation means that part of the
11
Department of Defence known as the Defence Intelligence
12
Organisation.
13
3 Subsection 4(1)
14
Insert:
15
Defence Signals Directorate means that part of the Department of
16
Defence known as the Defence Signals Directorate.
17
4 Subsection 7(1)
18
Before "Part I", insert "Division 1 of".
19
5 Subsection 7(1)
20
Omit "Part" (second occurring), substitute "Division".
21
6 After subsection 7(1)
22
Insert:
23
(1A) For the purposes of the definition of agency, a part of the
24
Department of Defence specified in Division 2 of Part I of
25
Schedule 2:
26
(a) is taken not to be included in the Department of Defence (or in
27
any other Department) for the purposes of this Act; and
28
(b) to avoid doubt, is not an agency in its own right for the
29
purposes of this Act.
30
Schedule 7 Freedom of Information Act 1982
32 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
7 Subsection 7(2A)
1
Before "Defence Intelligence", insert "Defence Imagery and Geospatial
2
Organisation, the".
3
8 Subsection 16(2)
4
Omit all the words after "shall be", substitute:
5
transferred:
6
(c) to the Department corresponding to the Department of State
7
administered by the Minister who administers the enactment
8
by or under which the body or person is established, continued
9
in existence or appointed; or
10
(d) if the request relates to a document that originated with, or has
11
been received from, a part of the Department of Defence
12
specified in Division 2 of Part I of Schedule 2--to that
13
Department.
14
9 Subsection 51C(2)
15
Omit all the words after "must", substitute:
16
transfer the application:
17
(c) to the Department corresponding to the Department of State
18
administered by the Minister who administers the enactment
19
by or under which the body or person is established, continued
20
in existence or appointed; or
21
(d) if the application relates to a document that originated with, or
22
has been received from, a part of the Department of Defence
23
specified in Division 2 of Part I of Schedule 2--to that
24
Department.
25
10 After the heading to Part I of Schedule 2
26
Insert:
27
Division 1
28
11 At the end of Part I of Schedule 2
29
Add:
30
Freedom of Information Act 1982 Schedule 7
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 33
Division 2
1
Defence Imagery and Geospatial Organisation
Defence Intelligence Organisation
Defence Signals Directorate
12 Part II of Schedule 2
2
Omit:
3
Department of Defence, in relation to documents in respect of
activities of the Defence Intelligence Organisation and the
Defence Signals Directorate
Schedule 8 Consequential amendments of other Acts
Part 1 Consequential amendments relating to DIGO
34 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
1
Schedule 8--Consequential amendments of
2
other Acts
3
Part 1--Consequential amendments relating to DIGO
4
Archives Act 1983
5
1 After paragraph 29(8)(b)
6
Insert:
7
(ba) the Defence Imagery and Geospatial Organisation;
8
Australian Security Intelligence Organisation Act 1979
9
2 Section 4 (definition of intelligence or security agency)
10
Repeal the definition, substitute:
11
intelligence or security agency means any of the following:
12
(a) the Australian Secret Intelligence Service;
13
(b) the Office of National Assessments;
14
(c) that part of the Department of Defence known as the Defence
15
Imagery and Geospatial Organisation;
16
(d) that part of the Department of Defence known as the Defence
17
Intelligence Organisation;
18
(e) that part of the Department of Defence known as the Defence
19
Signals Directorate.
20
Crimes Act 1914
21
3 Section 85ZL (at the end of paragraphs (a), (b) and (c) of
22
the definition of intelligence or security agency)
23
Add "or".
24
4 Section 85ZL (at the end of the definition of intelligence or
25
security agency)
26
Add:
27
Consequential amendments of other Acts Schedule 8
Consequential amendments relating to DIGO Part 1
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 35
; or (f) that part of the Department of Defence known as the Defence
1
Imagery and Geospatial Organisation.
2
Crimes (Overseas) Act 1964
3
5 Section 3
4
Insert:
5
DIGO has the same meaning as in the Intelligence Services Act
6
2001.
7
6 Section 3 (definition of staff member)
8
After "ASIS", insert ", DIGO".
9
7 Paragraph 3A(10)(b)
10
After "ASIS" (wherever occurring), insert ", DIGO".
11
Note:
The heading to subsection 3A(10) is altered by inserting ", DIGO" after "ASIS".
12
8 Subsection 3A(10) (paragraph (a) of the note)
13
After "ASIS", insert ", DIGO".
14
Criminal Code Act 1995
15
9 Subsection 476.5(1) of the Criminal Code
16
After "ASIS", insert ", DIGO".
17
10 Subsection 476.5(3) of the Criminal Code
18
Insert:
19
DIGO means that part of the Department of Defence known as the
20
Defence Imagery and Geospatial Organisation.
21
11 Subsection 476.5(3) of the Criminal Code (paragraphs (a)
22
and (b) of the definition of staff member)
23
After "consultant", insert "or contractor".
24
12 Subsection 476.5(3) of the Criminal Code (at the end of
25
the definition of staff member)
26
Schedule 8 Consequential amendments of other Acts
Part 1 Consequential amendments relating to DIGO
36 Intelligence Services Legislation Amendment Bill 2005 No. , 2005
Add:
1
; and (c) in relation to DIGO--the Director of DIGO or a member of
2
the staff of DIGO (whether an employee of DIGO, a
3
consultant or contractor to DIGO, or a person who is made
4
available by another Commonwealth or State authority or
5
other person to perform services for DIGO).
6
Human Rights and Equal Opportunity Commission Act 1986
7
13 Subsection 11(4)
8
Before "or that part", insert ", that part of the Department of Defence
9
known as the Defence Imagery and Geospatial Organisation (including
10
any part of the Defence Force that performs functions on behalf of that
11
part of the Department)".
12
14 Subsection 21(3)
13
Before "Defence Intelligence Organisation", insert "Defence Imagery and
14
Geospatial Organisation, the".
15
Consequential amendments of other Acts Schedule 8
Consequential amendments relating to the Parliamentary Joint Committee on
Intelligence and Security Part 2
Intelligence Services Legislation Amendment Bill 2005 No. , 2005 37
1
Part 2--Consequential amendments relating to the
2
Parliamentary Joint Committee on
3
Intelligence and Security
4
Australian Security Intelligence Organisation Act 1979
5
15 Section 4 (definition of Committee on ASIO, ASIS and
6
DSD)
7
Repeal the definition.
8
16 Section 4
9
Insert:
10
Committee on Intelligence and Security means the Parliamentary
11
Joint Committee on Intelligence and Security established under the
12
Intelligence Services Act 2001.
13
17 Subsection 8A(6)
14
Omit "ASIO, ASIS and DSD", substitute "Intelligence and Security".
15
18 Paragraph 34C(3A)(e)
16
Omit "ASIO, ASIS and DSD", substitute "Intelligence and Security".
17
19 Subsection 92(1)
18
Omit "ASIO, ASIS and DSD", substitute "Intelligence and Security".
19