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INTELLIGENCE SERVICES LEGISLATION AMENDMENT BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Intelligence Services Legislation
Amendment Bill 2011
No. , 2011
(Attorney-General)
A Bill for an Act to amend laws relating to
intelligence, and for other purposes
i Intelligence Services Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments of intelligence laws etc.
3
Part 1--Amendments
3
Australian Security Intelligence Organisation Act 1979
3
Criminal Code Act 1995
5
Intelligence Services Act 2001
6
Part 2--Application provisions
8
Intelligence Services Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend laws relating to
1
intelligence, and for other 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 2011.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Intelligence Services Legislation Amendment Bill 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments of intelligence laws etc. Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Amendments of intelligence laws
1
etc.
2
Part 1--Amendments
3
Australian Security Intelligence Organisation Act 1979
4
1 Section 4
5
Insert:
6
Defence Minister means the Minister administering section 1 of
7
the Defence Act 1903.
8
2 Section 4
9
Insert:
10
Foreign Affairs Minister means the Minister administering the
11
Diplomatic Privileges and Immunities Act 1967.
12
3 Section 4 (definition of foreign intelligence)
13
Repeal the definition, substitute:
14
foreign intelligence means intelligence about the capabilities,
15
intentions or activities of people or organisations outside Australia.
16
4 Paragraph 25A(4)(a)
17
Omit "stored in the target computer", substitute "held in the target
18
computer at any time while the warrant is in force".
19
5 Paragraph 27A(1)(a)
20
After "the Minister" (first occurring), insert "(the issuing Minister)".
21
6 Paragraph 27A(1)(a)
22
After "requesting the", insert "issuing".
23
7 Paragraph 27A(1)(b)
24
Repeal the paragraph, substitute:
25
(b) the issuing Minister is satisfied, on the basis of advice
26
received from the Defence Minister or the Foreign Affairs
27
Schedule 1 Amendments of intelligence laws etc.
Part 1 Amendments
4 Intelligence Services Legislation Amendment Bill 2011 No. , 2011
Minister, that the collection of foreign intelligence relating to
1
that matter is in the interests of Australia's national security,
2
Australia's foreign relations or Australia's national economic
3
well-being;
4
8 Subsection 27A(1)
5
Omit "the Minister may", substitute "the issuing Minister may".
6
9 Subsection 27A(1)
7
Omit "the Minister considers", substitute "the issuing Minister
8
considers".
9
10 Subsection 27A(3)
10
Omit "the Minister", substitute "the issuing Minister".
11
11 Paragraph 27B(a)
12
After "the Minister" (first occurring), insert "(the authorising
13
Minister)".
14
12 Paragraph 27B(a)
15
After "requesting the", insert "authorising".
16
13 Paragraph 27B(b)
17
Repeal the paragraph, substitute:
18
(b) the authorising Minister is satisfied, on the basis of advice
19
received from the Defence Minister or the Foreign Affairs
20
Minister, that the collection of foreign intelligence relating to
21
that matter is in the interests of Australia's national security,
22
Australia's foreign relations or Australia's national economic
23
well-being;
24
14 Section 27B
25
Omit "the Minister may", substitute "the authorising Minister may".
26
15 Section 27B
27
Omit "by the Minister", substitute "by the authorising Minister".
28
16 Subsection 35(1)
29
Insert:
30
Amendments of intelligence laws etc. Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2011 No. , 2011 5
agency head means:
1
(a) the Director-General; or
2
(b) the Director-General of the Australian Secret Intelligence
3
Service; or
4
(c) the Director-General of the Office of National Assessments;
5
or
6
(d) the Director of that part of the Defence Department known as
7
the Defence Imagery and Geospatial Organisation; or
8
(e) the Director of that part of the Defence Department known as
9
the Defence Intelligence Organisation; or
10
(f) the Director of that part of the Defence Department known as
11
the Defence Signals Directorate.
12
17 Subsection 35(1)
13
Insert:
14
staff member of the Organisation or an intelligence or security
15
agency means:
16
(a) the agency head of the Organisation or agency; or
17
(b) an employee or officer of the Organisation or agency; or
18
(c) a consultant or contractor to the Organisation or agency; or
19
(d) a person who is made available by an authority of the
20
Commonwealth, authority of a State or other person to
21
perform services for the Organisation or agency.
22
18 At the end of section 36
23
Add:
24
; or (c) a security assessment in relation to the engagement, or
25
proposed engagement, of a person by or in the Organisation,
26
or an intelligence or security agency, as a staff member of the
27
Organisation or agency.
28
Criminal Code Act 1995
29
19 After subsection 476.5(2A) of the Criminal Code
30
Insert:
31
(2AA) Subsections (1) and (2) have effect despite anything in a law of the
32
Commonwealth or of a State or Territory, whether passed or made
33
Schedule 1 Amendments of intelligence laws etc.
Part 1 Amendments
6 Intelligence Services Legislation Amendment Bill 2011 No. , 2011
before or after the commencement of this subsection, unless the
1
law expressly provides otherwise.
2
(2AB) Subsection (2AA) does not affect the operation of subsection (2A).
3
Intelligence Services Act 2001
4
20 After subsection 6(3)
5
Insert:
6
(3A) A direction under paragraph (1)(e) is not a legislative instrument.
7
21 At the end of section 6B
8
Add:
9
; and (g) to provide assistance to the Defence Force in support of
10
military operations and to cooperate with the Defence Force
11
on intelligence matters.
12
Note:
For limits on the agency's functions and activities see sections 11 and
13
12.
14
22 At the end of section 8 (before the note)
15
Add:
16
(5) A direction given under this section is not a legislative instrument.
17
23 After subparagraph 9(1A)(a)(iv)
18
Insert:
19
(iva) activities related to a contravention, or an alleged
20
contravention, by a person of a UN sanction
21
enforcement law;
22
24 Subsection 9(1B)
23
Insert:
24
UN sanction enforcement law has the same meaning as in the
25
Charter of the United Nations Act 1945.
26
25 Subsection 11(3)
27
Omit "6B(b), (c), (d), (e) and (f)", substitute "6B(b), (c), (d), (e), (f) and
28
(g)".
29
Amendments of intelligence laws etc. Schedule 1
Amendments Part 1
Intelligence Services Legislation Amendment Bill 2011 No. , 2011 7
26 After subsection 14(2A)
1
Insert:
2
(2AA) Subsections (1) and (2) have effect despite anything in a law of the
3
Commonwealth or of a State or Territory, whether passed or made
4
before or after the commencement of this subsection, unless the
5
law expressly provides otherwise.
6
(2AB) Subsection (2AA) does not affect the operation of subsection (2A).
7
27 At the end of section 15
8
Add:
9
(7) Rules made under subsection (1) are not legislative instruments.
10
28 At the end of clause 1 of Schedule 2
11
Add:
12
(8) Guidelines issued under subclause (6) are not legislative
13
instruments.
14
15
Schedule 1 Amendments of intelligence laws etc.
Part 2 Application provisions
8 Intelligence Services Legislation Amendment Bill 2011 No. , 2011
Part 2--Application provisions
1
29 Application--paragraph 25A(4)(a) of the Australian
2
Security Intelligence Organisation Act 1979
3
Paragraph 25A(4)(a) of the Australian Security Intelligence
4
Organisation Act 1979, as amended by this Schedule, applies in relation
5
to a request that is made under subsection 25A(1) of that Act after this
6
Schedule commences.
7
30 Application--sections 27A and 27B of the Australian
8
Security Intelligence Organisation Act 1979
9
(1)
Section 27A of the Australian Security Intelligence Organisation Act
10
1979, as amended by this Schedule, applies in relation to a notice that is
11
given under paragraph 27A(1)(a) of that Act after this Schedule
12
commences.
13
(2)
Section 27B of the Australian Security Intelligence Organisation Act
14
1979, as amended by this Schedule, applies in relation to a notice that is
15
given under paragraph 27B(a) of that Act after this Schedule
16
commences.
17
31 Application--paragraph 36(c) of the Australian Security
18
Intelligence Organisation Act 1979
19
Paragraph 36(c) of the Australian Security Intelligence Organisation
20
Act 1979, as added by this Schedule, applies in relation to a security
21
assessment that is furnished by the Organisation after this Schedule
22
commences.
23
32 Application--subsection 15(7) of the Intelligence Services
24
Act 2001
25
Subsection 15(7) of the Intelligence Services Act 2001, as added by this
26
Schedule, applies in relation to rules that are made under subsection
27
15(1) of that Act before or after this Schedule commences.
28

 

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