INTELLIGENCE SERVICES LEGISLATION AMENDMENT BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Intelligence Services Legislation

Amendment Bill 2023

No. , 2023

(Attorney-General)

A Bill for an Act to amend the law relating to

intelligence services, and for related purposes

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 4

Schedule 1

Amendments

Part 1

Main amendments

Inspector-General of Intelligence and Security Act 1986

Intelligence Services Act 2001

Office of National Intelligence Act 2018

Parliamentary Joint Committee on Law Enforcement Act 2010

Part 2

Consequential amendments commencing with the

main amendments

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Australian Border Force Act 2015

Australian Citizenship Act 2007

Australian Crime Commission Act 2002

Australian Human Rights Commission Act 1986

Crimes Act 1914

Migration Act 1958

Ombudsman Act 1976

Privacy Act 1988

Public Interest Disclosure Act 2013

Security of Critical Infrastructure Act 2018

Surveillance Devices Act 2004

Telecommunications Act 1997

Telecommunications (Interception and Access) Act 1979

Part 3

Consequential amendments commencing after the

NACC Act

National Anti-Corruption Commission Act 2022

Part 4

Consequential amendments commencing after the PID

Amendment Act

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Public Interest Disclosure Act 2013

Part 5

Consequential amendments commencing after the PID

Amendment Act and the NACC (CTP) Act commence

Public Interest Disclosure Act 2013

Schedule 2

Contingent amendments

Part 1

Consequential amendments if the NACC (CTP) Act

commences before the main amendments in

Schedule 1

Australian Border Force Act 2015

Crimes Act 1914

Ombudsman Act 1976

Part 2

Consequential amendments if the main amendments in

Schedule 1 commence before the NACC (CTP) Act

Australian Border Force Act 2015

Crimes Act 1914

Ombudsman Act 1976

Part 3

Consequential amendments commencing after the

NACC (CTP) Act commences if the main

amendments in Schedule 1 commence first

Australian Crime Commission Act 2002

Crimes Act 1914

Part 4

Consequential amendments if the NSLAB (No. 2) Act

commences before the main amendments in

Schedule 1

Ombudsman Act 1976

Part 5

Consequential amendments if the main amendments in

Schedule 1 commence before the NSLAB (No. 2) Act

Ombudsman Act 1976

Part 6

Consequential amendments commencing after the

NSLAB (No. 2) Act if the main amendments in

Schedule 1 commence before the NSLAB (No. 2) Act

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

iii

Ombudsman Act 1976

Schedule 3

Review of access to ACIC criminal intelligence

assessment records under the archives law

Administrative Appeals Tribunal Act 1975

Schedule 4

Liability for certain computer-related acts

Criminal Code Act 1995

Schedule 5

Application and transitional provisions for

Schedules 1 and 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

A Bill for an Act to amend the law relating to

intelligence services, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Intelligence Services Legislation Amendment Act

2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day after this Act receives the Royal

Assent.

2. Schedule 1,

Parts 1 and 2

The later of:

(a) the start of the day that is 6 months after

this Act receives the Royal Assent; and

(b) the commencement of Schedule 1 to the

Inspector-General of Intelligence and

Security and Other Legislation

Amendment (Modernisation) Act 2022

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

3. Schedule 1,

Part 3

The later of:

(a) the commencement of the provisions

covered by table item 2; and

(b) the commencement of Parts 2 to 9 of the

National Anti-Corruption Commission

Act 2022

4. Schedule 1,

Part 4

The later of:

(a) the commencement of the provisions

covered by table item 2; and

(b) immediately after the commencement of

Schedules 1 to 3 to the

Public Interest

Disclosure Amendment (Review) Act

2022

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

5. Schedule 1,

Part 5

The later of:

(a) the commencement of the provisions

covered by table item 2; and

(b) immediately after the commencement of

Part 4 of Schedule 4 to the

Public

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

Interest Disclosure Amendment (Review)

Act 2022

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

does not occur.

6. Schedule 2,

Part 1

Immediately after the commencement of the

provisions covered by table item 2.

However, the provisions do not commence

at all if Schedule 1 to the

National

Anti-Corruption Commission (Consequential

and Transitional Provisions) Act 2022

does

not commence before that time.

7. Schedule 2,

Part 2

Immediately after the commencement of the

provisions covered by table item 2.

However, the provisions do not commence

at all if Schedule 1 to the

National

Anti-Corruption Commission (Consequential

and Transitional Provisions) Act 2022

commences before that time.

8. Schedule 2,

Part 3

Immediately after the commencement of

Schedule 1 to the

National Anti-Corruption

Commission (Consequential and

Transitional Provisions) Act 2022

However, the provisions do not commence

at all if that Schedule commences before the

commencement of the provisions covered by

table item 2.

9. Schedule 2,

Part 4

Immediately after the commencement of the

provisions covered by table item 2.

However, the provisions do not commence

at all if the

National Security Legislation

Amendment (Comprehensive Review and

Other Measures No. 2) Act 2023

does not

commence before that time.

10. Schedule 2,

Part 5

Immediately after the commencement of the

provisions covered by table item 2.

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

However, the provisions do not commence

at all if the

National Security Legislation

Amendment (Comprehensive Review and

Other Measures No. 2) Act 2023

commences

before that time.

11. Schedule 2,

Part 6

Immediately after the commencement of the

National Security Legislation Amendment

(Comprehensive Review and Other

Measures No. 2) Act 2023

However, the provisions do not commence

at all if that Act commences before the

provisions covered by table item 2.

12. Schedule 3

Immediately after the commencement of the

National Security Legislation Amendment

(Comprehensive Review and Other

Measures No. 2) Act 2023

However, the provisions do not commence

at all if that Act does not commence.

13. Schedule 4

The day after this Act receives the Royal

Assent.

14. Schedule 5

At the same time as the provisions covered

by table item 2.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments

Schedule 1

Main amendments

Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Schedule

1--Amendments

Part

1--Main amendments

Inspector

General of Intelligence and Security Act 1986

1 Subsection 3(1)

Insert:

AFP

means the Australian Federal Police.

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

AUSTRAC CEO

has the same meaning as in the

Anti-Money

Laundering and Counter-Terrorism Financing Act 2006

Department of Home Affairs

means the Department administered

by the Minister administering the

Australian Border Force Act

2015

2 Subsection 3(1) (paragraph (ea) of the definition of

head

)

Repeal the paragraph, substitute:

(ea) in relation to AFP

the Commissioner of Police; or

(eb) in relation to AUSTRAC

the AUSTRAC CEO; or

(ec) in relation to the Department of Home Affairs

the Secretary

of the Department of Home Affairs; or

3 Subsection 3(1) (definition of

intelligence agency

)

Repeal the definition, substitute:

intelligence agency

means:

(a) ASIO, ASIS, AGO, DIO, ASD, ONI or ACIC; or

(b) the following agencies that have an intelligence function:

(i) AFP;

(ii) AUSTRAC;

(iii) the Department of Home Affairs.

Schedule 1

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

4 Subsection 3(1) (definition of

intelligence function

)

Repeal the definition, substitute:

intelligence function

has the meaning given by section 3A.

5 Subsection 3(1) (definition of

law enforcement officer

)

Omit "

the

Australian Federal Police", substitute "AFP".

6 After section 3

Insert:

3A Meaning of

intelligence function

Meaning of

intelligence function

for AFP

(1)

Intelligence function

for AFP means:

(a) the collection, correlation, analysis, production and

dissemination of intelligence by AFP to support the

performance of its functions under paragraphs 8(1)(b), (baa),

(bd), (be), (bf), (bg) and (bh) of the

Australian Federal

Police Act 1979

; or

(b) the collection, correlation, analysis, production and

dissemination of intelligence by AFP to support the

performance of its functions under paragraph 8(1)(c) of the

Australian Federal Police Act 1979

in relation to a function

under any of the paragraphs of that Act mentioned in

paragraph (a) of this subsection; or

dissemination of intelligence obtained by AFP from the

execution of a network activity warrant under Division 6 of

Part 2 or Divisions 1 or 2 of Part 6 of the

Surveillance

Devices Act 2004

; or

(d) a function or power conferred on a law enforcement officer

of AFP by a Division referred to in paragraph (c).

(2) To avoid doubt, the functions mentioned in paragraphs (1)(a) and

(b) of this section do not include:

(a) the arrest, charging or detention of suspected offenders; or

(b) the gathering of evidence, or any activity undertaken to

directly support the gathering of evidence.

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Intelligence Services Legislation Amendment Bill 2023

Meaning of

intelligence function

for AUSTRAC

(3)

Intelligence function

for AUSTRAC means the collection,

correlation, analysis, production and dissemination of intelligence

by AUSTRAC for the purposes of:

(a)

the AUSTRAC CEO performing the CEO's financial

intelligence functions under the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

; or

(b) AUSTRAC, the AUSTRAC CEO or any other official of

AUSTRAC referred to in paragraph 209(4)(c) of that Act

performing functions incidental to that function.

Meaning of

intelligence function

for the Department of Home

Affairs

(4)

Intelligence function

for the Department of Home Affairs has the

meaning given by the regulations.

(5) The regulations may provide for consultation requirements in

relation to changes relating to the performance of intelligence

functions of the Department of Home Affairs.

(6) Before the Governor-General makes regulations for the purposes of

subsection (4) or (5), the Minister must obtain the agreement of the

Minister responsible for the Department of Home Affairs to the

making of the regulations.

7 Subsection 8(3A) (heading)

Omit "

ACIC or the Australian Federal Police

", substitute "

AFP,

AUSTRAC or the Department of Home Affairs

8 Subsection 8(3A)

Omit "

ACIC or the Australian Federal Police are

", substitute "

AFP,

AUSTRAC or the Department of Home Affairs are

9 Subparagraph 8(3A)(h)(iii)

Omit "or the

Sex Discrimination Act 1984

;", substitute "or the

Sex

Discrimination Act 1984

.".

10 Paragraph 8(3A)(i)

Repeal the paragraph.

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

11 Subsection 8(3B)

Repeal the subsection, substitute:

Intelligence agency inquiry functions in relation to ACIC

(4) Subject to this section, the functions of the Inspector-General in

relation to ACIC are:

(a) at the request of the Attorney-General or the responsible

Minister, of the Inspector-

General's own

motion, or in

response to a complaint made to the Inspector-General, to

inquire into any matter that relates to:

(i) the compliance by that agency with the laws of the

Commonwealth and of the States and Territories; or

(ii) the compliance by that agency with directions or

guidelines given to that agency by the responsible

Minister; or

(iii) the propriety of particular activities of that agency; and

(b) at the request of the Attorney-General or the responsible

Minister, of the Inspector-

General's own mot

ion, or in

response to a complaint made to the Inspector-General, to

inquire into any matter that relates to the effectiveness and

appropriateness of the procedures of that agency relating to

the legality or propriety of the activities of that agency; and

Minister, of the Inspector-

General's own motion, or in

response to a complaint made to the Inspector-General, to

inquire into any matter that relates to an act or practice of that

agency:

(i) that is or may be inconsistent with or contrary to any

human right; or

(ii) that constitutes or may constitute discrimination; or

(iii) that is or may be unlawful under the

Age Discrimination

Act 2004

, the

Disability Discrimination Act 1992

, the

Racial Discrimination Act 1975

or the

Sex

Discrimination Act 1984

; and

(d) at the request of the Attorney-General or the responsible

Minister, or of the Inspector-

General's own motion,

inquire into any matter that relates to the procedures of that

Amendments

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Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

agency relating to redress of grievances of employees of that

agency; and

(e) at the request of the Attorney-General or the responsible

Minister, of the Inspector-

General's own motion, or in

response to a complaint made to the Inspector-General, to

inquire into the compliance by that agency with:

(i) directions or guidelines given to that agency; or

(ii) policies or other decisions made;

by the Board of ACIC or the Inter-Governmental Committee

established under the

Australian Crime Commission Act

2002

12 Subsection 8(5)

Omit "and (3A)", substitute ", (3A) and (4)".

13 Subsection 8(5)

Omit

the Australian Federal Police

substitute

AFP, AUSTRAC, the

Department of Home Affairs".

14 After subsection 8(5)

Insert:

(5A) The functions of the Inspector-General under subsections (3A) and

(4) do not include inquiring into a matter to which a complaint to

the Inspector-General relates, to the extent that:

(a) the complaint is made by a person performing functions or

services for ACIC, AFP, AUSTRAC or the Department of

Home Affairs in accordance with a contract, agreement or

other arrangement; and

(b) the matter is directly related to:

(i) the contract, agreement or other arrangement; or

(ii) the performance of functions or services by the person

under the contract, agreement or other arrangement,

except in relation to the legality or propriety of the

performance of the functions or services.

15 Paragraph 8(7)(a)

Omit ", ASIO employees or ASIO affiliates", substitute "or ASIO

employees".

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

16 Subsection 8(8A)

Omit ", ASIO employees or ASIO affiliates", substitute "or ASIO

employees".

17 After section 8

Insert:

8AA Inquiry functions of Inspector-General undertaken at request

of Parliamentary Joint Committee on Intelligence and

Security

The functions of the Inspector-General under subsections 8(1), (2),

(3), (3A) and (4) that may be undertaken at the request of the

Attorney-General or the responsible Minister may also be

undertaken as a result of a request by the Parliamentary Joint

Committee on Intelligence and Security made under

subsection 29(2A) of the

Intelligence Services Act 2001

Note:

The Committee must not review certain matters or require the

Inspector-General to disclose certain information (see

subsection 29(3) of the

Intelligence Services Act 2001

and clause 1 of

Schedule 1 to that Act).

18 Paragraph 8A(1)(c)

Omit "ACIC or the Australian Federal Police", substitute "AFP,

AUSTRAC or the Department of Home Affairs".

19 Paragraph 9AA(b)

Omit "

8(2)(a)(ii)

and 8(3)(a)(ii)", substitute "

(2)(a)(ii), (3)(a)(ii) and

(4)(a)(ii)

20 Paragraph 9AA(ba)

Omit "

paragraph 8(3A)(i

)", substitute "

paragraph 8(4)(e

)".

21 Section 9B

Repeal the section, substitute:

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Intelligence Services Legislation Amendment Bill 2023

9B Power to enter places relating to certain warrants and directions

(1) For the purposes of an inspection under section 9A, the

Inspector-General may, at any reasonable time, enter any place

where a person is being:

(a) questioned or apprehended in relation to a warrant issued

under Division 3 of Part III of the

Australian Security

Intelligence Organisation Act 1979

; or

(b) detained under section 31 or 34D of the

Australian Crime

Commission Act 2002

(2) However, before entering the place, the Inspector-General must

notify the following person (as the case requires):

(a) the Director-General of Security;

(b) the CEO of ACIC.

22 After paragraph 11(1)(a)

Insert:

(aa) the Inspector-General is satisfied that the action is the kind of

action that is reasonably likely to be taken by an intelligence

agency; and

23 At the end of subsection 11(1)

Add:

Note:

For paragraph (aa), action includes the making of a decision or

recommendation, and the failure or refusal to take any action or to

make a decision or recommendation (see subsection 3(2)).

24 Paragraph 11(2)(a)

Omit "was made;", substitute "was made; or".

25 Paragraph 15(3)(a)

Omit "the Australian Federal Police" (wherever occurring), substitute

"AFP, AUSTRAC, the Department of Home Affairs".

26 Section 19A

Repeal the section, substitute:

Schedule 1

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No. , 2023

19A Power to enter places relating to certain warrants and

directions

(1) For the purposes of an inquiry under this Act, the

Inspector-General may, at any reasonable time, enter any place

where a person is being:

(a) questioned or apprehended in relation to a warrant issued

under Division 3 of Part III of the

Australian Security

Intelligence Organisation Act 1979

; or

(b) detained under section 31 or 34D of the

Australian Crime

Commission Act 2002

(2) However, before entering the place, the Inspector-General must

notify the following person (as the case requires):

(a) the Director-General of Security;

(b) the CEO of ACIC.

27 Paragraph 21(1B)(a)

Omit "the Australian Federal Police" (wherever occurring), substitute

"AFP, AUSTRAC, the Department of Home Affairs".

28 Subsection 22(4)

After

"the responsible Minister", insert "and the Attorney

General".

29 Subsections 22(5) and (6)

Repeal the subsections, substitute:

(5) The Inspector-General must give a copy of the final agency copy,

or version given to the responsible Minister and the

Attorney-General, under subsection (4) to the Prime Minister if:

(a) the inquiry was conducted as a result of a request under

section 9; or

(b) the Prime Minister requests a copy; or

30 After section 22

Insert:

Amendments

Schedule 1

Main amendments

Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

22A Response to the Parliamentary Joint Committee on Intelligence

and Security

(1) This section applies if, as a result of a request by the Parliamentary

Joint Committee on Intelligence and Security made under

subsection 29(2A) of the

Intelligence Services Act 2001

, the

Inspector-General completes an inquiry under this Act in respect of

the operational activities of an intelligence agency.

(2) The Inspector-General must (subject to this section) take

reasonable steps to give a written response relating to the inquiry to

the Committee, unless the Inspector-General is satisfied on

reasonable grounds that doing so would prejudice security, the

defence of Australia or Australia's relations with other countries.

Note:

The Committee must not require the Inspector-General to disclose

operationally sensitive information or information that would or might

prejudice Australia's national security or the conduct of Australia's

foreign relations (see clause 1 of Schedule 1 to the

Intelligence

Services Act 2001

Agreement and consultation with agency heads on response

(3) Before giving the response to the Committee, the

Inspector-General and the head of the intelligence agency must

agree that the terms of the proposed response would not prejudice:

(a)

security, the defence of Australia or Australia's relations with

other countries; or

(b) law enforcement operations, including methodologies and

investigative techniques; or

(d) operationally sensitive information (within the meaning of

Schedule 1 to the

Intelligence Services Act 2001

(4) In addition, before giving the response to the Committee, the

Inspector-General must consult the head of the intelligence agency

on whether the terms of the proposed response would prejudice any

of the following, and may remove those terms if the

Inspector-General considers appropriate:

(a) the privacy of one or more individuals;

(b) the fair trial of a person or the impartial adjudication of a

matter.

Schedule 1

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(5) The Inspector-General may also consult the head of any other

intelligence agency on the terms of the proposed response.

Copy of response for responsible Minister, Prime Minister and

Attorney-General

(6) The Inspector-General must give a copy of the response to the

responsible Minister.

(7) In addition, the Inspector-General may give the copy of the

response to either or both the Prime Minister and the

Attorney-General, if the Inspector-General considers it appropriate

to do so.

Notification of reasons if response not given

(8) If, due to the operation of subsection (2) or (3), the

Inspector-General does not give a written response relating to the

inquiry to the Committee, the Inspector-General must notify the

Committee that the response was not provided due to that

operation.

31 Section 23 (heading)

Omit "

Advice

", substitute "

Response

32 Subsection 32AAD(1)

Omit "performance of its functions or the exercise of its powers",

substitute "performance of functions, or the exercise of powers, of the

Inspector-

General".

33 Before section 32AF

Insert:

32AEA Information sharing with Ministers

(1) To avoid doubt

the Inspector-General may share information or

documents about the Inspector-

General's exercise of powers, or

performance of functions or duties, with:

(a) the Attorney-General; and

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Intelligence Services Legislation Amendment Bill 2023

(b) a responsible Minister for a Commonwealth agency, if the

information or documents relate to the Commonwealth

agency.

(2) The information or documents may be about the exercise of

powers, or performance of functions or duties, whether that

exercise or performance is ongoing or has been completed.

34 After section 32AF

Insert:

32AFA Disclosure of ACIC examination material

(1) In this section, the following terms have the same meaning as in

the

Australian Crime Commission Act 2002

(a)

charged

;

(b)

disclose

;

(c)

examination material

;

(d)

examinee

;

(e)

imminent

;

(f)

related offence

;

(g)

special ACC investigation

;

(h)

special ACC operation

Note:

For the examinee for examination material, see subsection 4B(3) of

the

Australian Crime Commission Act 2002

(2) Before examination material is shared by the Inspector-General

(except to an IGIS official), the Inspector-General must consider,

and consult with the CEO of ACIC as to, whether that sharing:

(a)

might prejudice a person's safety; or

(b) would reasonably be expected to prejudice the fair trial of the

examinee for the examination material, if the examinee has

been charged with a related offence or a charge for a related

offence is imminent; or

or special ACC investigation.

Note 1:

In addition to sections 32AEA and 32AF, the Inspector-General or an

IGIS official may share information in the performance of functions or

duties, or the exercise of powers, under this or another Act (for

example, see section 34 of this Act).

Schedule 1

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No. , 2023

Note 2:

The recipient of examination material (except an IGIS official)

commits an offence under subsection 25A(14A) of the

Australian

Crime Commission Act 2002

if the recipient uses or discloses the

examination material in contravention of a direction about the

examination material, given under subsection 25A(9) of that Act.

35 Paragraph 32A(1)(b)

fter "in the case of", insert "ACIC,".

36 Paragraph 32A(1)(c)

After "in the case of", insert "ACIC and".

37 Paragraph 32A(1)(e)

Omit "

ACIC

or the Australian Federal Police"

(first occurring),

substitute "AFP, AUSTRAC or the Department of Home Affairs".

38 Subparagraph 32A(1)(e)(ii)

Omit "ACIC or the Australian Federal Police of its", substitute "

AFP,

AUSTRAC or the Department of Home Affairs of

that agency's".

39 Paragraph 32A(1)(f)

Repeal the paragraph, substitute:

(f) in the case of ACIC

a report that is provided to the Board

of ACIC or to the Inter-Governmental Committee established

under the

Australian Crime Commission Act 2002

, if the

report was prepared:

(i) by the CEO of ACIC; or

(ii) by the Chair of the Board and is in the possession of

ACIC.

40 Paragraph 32A(5)(aa)

Omit "

or the Australian Federal Police, the head of the agency has not

provided the responsible Minister with a copy of a report mentioned in

subparagraph (1)(e)(i)

", substitute "

, the head of the agency has not

provided the responsible Minister with a copy of a report mentioned in

paragraph (

1)(b) or (c)"

41 After paragraph 32A(5)(aa)

Insert:

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(ab) in the case of AFP, AUSTRAC or the Department of Home

Affairs, the head of the agency has not provided the

responsible Minister with a copy of a report mentioned in

subparagraph (1)(e)(i); or

42 Subsections 32B(1) and (1A)

Repeal the subsections, substitute:

(1) This section applies to any guidelines or directions:

(a) given by the responsible Minister to the head of ACIC, ASIS,

AGO, DIO, ASD or ONI; or

(b) given to ACIC by the Board of ACIC or by the

Inter-Governmental Committee established under the

Australian Crime Commission Act 2002

; or

AUSTRAC or the Department of Home Affairs, that relate to

the performance of that agency's intelligence functions

43 Paragraph 32B(2)(b)

Omit "

subparagraph (

1A)(b)(ii)", substitute "

paragraph (

1)(b)".

44 After section 32B

Insert:

32C Briefing the Parliamentary Joint Committee on Intelligence and

Security

The Inspector-General must brief the Parliamentary Joint

Committee on Intelligence and Security at least once each calendar

year.

Intelligence Services Act 2001

45 Subsection 3(1)

Insert:

ACIC

means the agency known as the Australian Criminal

Intelligence Commission established by

the

Australian Crime

Commission Act 2002

Schedule 1

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No. , 2023

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

AUSTRAC CEO

has the same meaning as in the

Anti-Money

Laundering and Counter-Terrorism Financing Act 2006

AUSTRAC information

has the same meaning as in the

Anti-Money Laundering and Counter-Terrorism Financing Act

2006

CEO of ACIC

means the Chief Executive Officer of ACIC.

Department of Home Affairs

means the Department administered

by the Minister administering the

Australian Border Force Act

2015

46 Subsection 3(1) (definition of

Immigration and Border

Protection Department

)

Repeal the definition.

47 Subsection 3(1)

Insert:

intelligence function

has the meaning given by section 3A of the

Inspector-General of Intelligence and Security Act 1986

, except in

paragraph (ca) of the definition of

intelligence information

in this

subsection.

48 Subsection 3(1) (at the end of the definition of

intelligence

information

)

Add:

Note:

The term intelligence functions in paragraph (ca) has its ordinary

meaning, and does not have the meaning given by the definition of

intelligence function

in subsection 3(1).

49 Subsection 23(3)

Omit "Director

General's consent, retire the Director

General of ASIS",

substitute

"Director

General of ASIS's consent, retire the

Director-

General".

Amendments

Schedule 1

Main amendments

Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

50 Paragraph 29(1)(a)

Repeal the paragraph, substitute:

(a) to review the administration and expenditure of the following

bodies, including the annual financial statements of those

bodies:

(i) ACIC, ASIO, ASIS, AGO, DIO, ASD and ONI;

(ii) AFP, AUSTRAC and the Department of Home Affairs,

in relation

to the performance of that agency's

intelligence functions; and

51 Paragraph 29(1)(b)

After "in relation to", insert "ACIC,".

52 After paragraph 29(1)(b)

Insert:

(ba) without limiting any other paragraph in this subsection, to

review and inquire into any proposed reforms to, or expiry,

lapsing or cessation of effect of, legislation relating to

counter-terrorism or national security, as the Committee sees

fit; and

53 After paragraph 29(1)(bac)

Insert:

(bad) to monitor and to review the performance by AFP,

AUSTRAC or the Department of Home Affairs of that

agency's

intelligence functions, referred to the Committee

by:

(i) the responsible Minister; or

(ii) the Attorney-General; or

(iii) a resolution of either House of the Parliament; and

(bae) to report to both Houses of the Parliament on any matter

appertaining to AFP, AUSTRAC or the Department of Home

Affairs that is connected with the performance of that

agency's

intelligence functions, referred to the Committee

under this paragraph by:

(i) the responsible Minister; or

(ii) the Attorney-General; or

(iii) a resolution of either House of the Parliament; and

Schedule 1

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

54 Paragraphs 29(1)(bb), (bc) and (bca)

Repeal the paragraphs.

55 Subsection 29(2)

Omit "ASIO, ASIS, AGO, DIO, ASD or ONI", insert "

the following

bodies

56 At the end of subsection 29(2)

Add:

: (a) ACIC, ASIO, ASIS, AGO, DIO, ASD or ONI;

(b) AFP, AUSTRAC or the Department of Home Affairs, in

relation to the performance of that agency's intelligence

functions.

57 After subsection 29(2)

Insert:

(2A) The Committee may, by resolution, request the Inspector-General

of Intelligence and Security to inquire into a matter (whether or not

the functions of the Committee include reviewing the matter) under

section 8AA of the

Inspector-General of Intelligence and Security

Act 1986

if the matter:

(a) relates to the legality and propriety (however described) of

the operational activities of an agency; and

(b) is within the functions of the Inspector-General mentioned in

that section; and

of the agency.

Note:

The Committee must not review certain matters or require the

Inspector-General to disclose certain information (see subsection (3)

of this section and clause 1 of Schedule 1 to this Act).

(2B) The Committee must provide a copy of the request to the Minister

responsible for the agency to which the matter relates.

58 Paragraph 29(3)(a)

After "priorities of", insert "ACIC,".

Amendments

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No. , 2023

Intelligence Services Legislation Amendment Bill 2023

59 Paragraph 29(3)(b)

After "available to", insert "ACIC,".

60 After paragraph 29(3)(c)

Insert:

(ca) reviewing special ACC operations (within the meaning of the

Australian Crime Commission Act 2002

) or special ACC

investigations (within the meaning of that Act) that have

been, are being or are proposed to be undertaken by ACIC; or

61 Paragraph 29(3)(e)

After "activities of", insert "ACIC,".

62 Paragraph 29(3)(g)

Omit "or the Immigration and Border Protection Department",

substitute ", ACIC,

AUSTRAC or the Department of Home Affairs

63 Paragraph 29(3)(j)

Omit

the

AFP",

substitute

AFP, AUSTRAC (including AUSTRAC

information) or the Department of Home Affairs

64 Paragraph 29(3)(k)

Omit

the

AFP",

substitute

AFP, AUSTRAC or the Department of

Home Affairs

65 Section 30 (heading)

Repeal the heading, substitute:

30 Committee may request briefings

66 Section 30

Omit "For the purpose", substitute "Without limiting who the

Committee may request briefings from, for the purpose".

67 Paragraph 30(e)

Repeal the paragraph (not including the note), substitute:

(e) the Secretary of the Department of Home Affairs;

Schedule 1

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(f) the AUSTRAC CEO;

(g) the CEO of ACIC;

(h) the Independent National Security Legislation Monitor;

(i) an Agency Head (within the meaning of the

Public Service

Act 1999

) of an Agency (within the meaning of that Act) if

the functions, or proposed functions, of the Agency relate to

a matter being considered by the Committee under

section 29.

68 Clause 1A of Schedule 1 (definition of

agency

)

Omit "or the Immigration and Border Protection Department",

substitute "

ACIC, AUSTRAC or the Department of Home Affairs".

69 Clause 1A of Schedule 1 (paragraph (f) of the definition of

agency head

)

Repeal the paragraph, substitute:

(f) the Secretary of the Department of Home Affairs; or

(g) the AUSTRAC CEO; or

(h) the CEO of ACIC.

70 Clause 1A of Schedule 1 (paragraph (a) of the definition of

operationally sensitive information

)

After "available to", insert "ACIC,".

71 Clause 1A of Schedule 1 (paragraph (b) of the definition of

operationally sensitive information

)

After "undertaken by", insert "ACIC,".

72 Clause 1A of Schedule 1 (at the end of the definition of

operationally sensitive information

)

Add:

; or (d) about sources of information, other operational assistance or

operational methods available to AFP, AUSTRAC or the

Department of Home Affairs (including AUSTRAC

info

rmation) in exercising that agency's intelligence

functions; or

(e) about particular operations that have been, are being or are

proposed to be undertaken by AFP, AUSTRAC or the

Amendments

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Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Department of Home Affairs in exercising that agency's

intelligence functions.

73 Paragraph 1B(b) of Schedule 1

Omit "of the Committee included references to a member of the

subcommittee authorised by the subcommittee for the purpose of the

provision concerned", substitute "or Deputy Chair of the Committee

included references to

the Chair or Deputy Chair of the subcommittee".

74 Subclause 6(5) of Schedule 1

Omit "may obtain", substitute "must obtain".

75 Before subclause 7(1) of Schedule 1

Insert:

Certain information not to be disclosed

76 Paragraph 7(1)(a) of Schedule 1

After

"an agent of", insert "ACIC,".

77 At the end of subclause 7(1) of Schedule 1

Add:

; or (d) any information the disclosure of which could reveal, or

enable a person to ascertain, the existence or identity of a

confidential source of information to any agency; or

(e) any information the disclosure of which could endanger a

person's life or physical safety; or

(f) any information the disclosure of which could prejudice the

protection of public safety; or

(g) any information the disclosure of which could prejudice the

fair trial of a person or the impartial adjudication of a matter;

(h) any information the disclosure of which could prejudice the

proper enforcement of the law or the operations of law

enforcement authorities; or

(i) any information the disclosure of which could unreasonably

disclose confidential commercial information; or

(j) any information:

Schedule 1

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(i) having a national security classification; or

(ii) that the Committee believes should have a national

security classification;

unless the agency head of the agency that produced the

information, or from which the information originated,

provides written authority to disclose the information.

78 Subclause 17(1) of Schedule 1

Repeal the subclause, substitute:

(1) The Committee may, subject to subclause (3), meet physically or

using virtual meeting technology:

(a) as the Committee decides by resolution; or

(b) subject to a resolution of the Committee, as the Chair

decides.

79 Subclause 17(3) of Schedule 1

Repeal the subclause, substitute:

(3) If classified information may be discussed at meetings, the Chair

must obtain and follow the advice of the agency head of each

agency that produces such information, or from which such

information originates, regarding the suitability of the security

arrangements for such meetings (including the security

arrangements for virtual meeting technology).

80 Clause 21 of Schedule 1

Repeal the clause, substitute:

21 Staff of the Committee must be cleared for security purposes

Each member of the staff of the Committee must be cleared for

security purposes at least at a level and frequency:

(a) appropriate for access to information and systems at the

classification that the staff member requires, in accordance

with government policy in relation to protective security; and

(b) acceptable to all of the agency heads.

Amendments

Schedule 1

Main amendments

Part 1

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

81 Subclause 23(1) of Schedule 1

Repeal the subclause, substitute:

Establishment

(1) The Committee may appoint one or more subcommittees to inquire

into and report to the Committee in relation to matters concerning

the Committee as the Committee directs.

Membership

(1A)

A subcommittee must consist of at least 3 of the Committee's

members.

(1B) The Chair and Deputy Chair of the Committee are ex officio

members of each subcommittee.

Reporting

82 Before subclause 23(3) of Schedule 1

Insert:

Sitting times

83 Before subclause 25(1) of Schedule 1

Insert:

(1AA) The Committee may elect a Chair and Deputy Chair for each

subcommittee.

84 At the end of clause 25 of Schedule 1

Add:

(3) At a meeting of a subcommittee, 3 members of that subcommittee,

including at least one Government member and one

non-Government member, constitute a quorum.

(4) Any member of the Committee may participate in the proceedings

of a subcommittee. However, only members of that subcommittee

may vote or move a motion.

Schedule 1

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Main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Office of National Intelligence Act 2018

85 After section 18

Insert:

18A Briefing the Parliamentary Joint Committee on Intelligence and

Security

The Director-General must brief the Parliamentary Joint

Committee on Intelligence and Security at least once each calendar

year.

Parliamentary Joint Committee on Law Enforcement Act

2010

86 Section 10 (heading)

After "

Ombudsman

", insert "

and Inspector-General of Intelligence

and Security

87 Subsection 10(1)

Omit "the ACC and".

88 After subsection 10(1)

Insert:

(1A) At least once in each calendar year the Inspector-General of

Intelligence and Security must provide a briefing to the Committee

about the involvement of the ACC in controlled operations under

Part IAB of the

Crimes Act 1914

during the preceding 12 months.

89 Subsection 10(2)

After "under

subsection (1),

", insert "or the Inspector

-General of

Intelligence and Security under subsection (

1A),".

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Part

2--Consequential amendments commencing

with the main amendments

Anti

Money Laundering and Counter

Terrorism Financing

Act 2006

90 Section 5

Insert:

IGIS official

(short for Inspector-General of Intelligence and

Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986

91 After paragraph 50A(2)(b)

Insert:

; or (c) the disclosure is to an IGIS official for the purposes of, or in

connection with, the IGIS official performing a function or

duty, or exercising a power, as an IGIS official.

92 Subsection 50A(2) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

93 After subsection 121(6)

Insert:

(6A) Subsection (5) or (6) does not apply if the disclosure of AUSTRAC

information is to an IGIS official for the purposes of, or in

connection with, the IGIS official performing a function or duty, or

exercising a power, as an IGIS official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

94 After subsection 123(8A)

Insert:

Exception

IGIS official

(8B) Subsections (1) and (2) do not apply to the disclosure of

information by a reporting entity if the disclosure is to an IGIS

official for the purposes of, or in connection with, the IGIS official

performing a function or duty, or exercising a power, as an IGIS

official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

95 After subsection 125(2)

Insert:

Inspector-General of Intelligence and Security

(2A) An IGIS official is taken, for the purposes of this Act, to hold an

authorisation under this section to allow the IGIS official to have

access to any AUSTRAC information.

96 Subsection 129(2)

Repeal the subsection (including the note), substitute:

Exception

(2) Subsection (1) does not apply if the person discloses the

information for the purposes of, or in connection with:

(a) an appropriate authority investigating the disclosure

mentioned in paragraph (1)(c); or

(b)

the performance or exercise of the person's functions,

duties

or powers as an IGIS official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

97 Before subsection 207(2)

Insert:

Exceptions

98 After subsection 207(2)

Insert:

(2A) Subsection (1) does not apply to the disclosure of information by a

reporting entity if the disclosure is to an IGIS official for the

purposes of, or in connection with, the IGIS official performing a

function or duty, or exercising a power, as an IGIS official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

Australian Border Force Act 2015

99 Subsection 4(1)

Insert:

IGIS official

(short for Inspector-General of Intelligence and

Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986

100 At the end of section 43

Add:

; or (c) the making of the record, or disclosure, is for the purposes of

an IGIS official exercising a power, or performing a function

or duty, as an IGIS official.

Schedule 1

Amendments

Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Australian Citizenship Act 2007

101 Section 3

Insert:

IGIS official

(short for Inspector-General of Intelligence and

Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986

102 Subsection 43(1A) (note 1)

Repeal the note, substitute:

Note 1:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

103 After paragraph 43(2)(g)

Insert:

(ga) is for the purpose of an IGIS official exercising a power, or

performing a function or duty, as an IGIS official; or

Australian Crime Commission Act 2002

104 Subsection 4(1)

Insert:

IGIS official

(short for Inspector-General of Intelligence and

Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986

105 Subsection 4(1) (definition of

Ombudsman

)

Repeal the definition.

Amendments

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Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

106 After paragraph 19A(5)(d)

Insert:

and (e) section 34 (secrecy) of the

Inspector-General of Intelligence

and Security Act 1986

;

107 Paragraph 21C(2)(f)

Repeal the paragraph.

108 After paragraph 21C(2)(g)

Insert:

; or (h) to an IGIS official for the purpose of the IGIS official

exercising a power, or performing a function or duty, as an

IGIS official.

109 Subsection 21C(2) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

110 Paragraph 21C(4)(d)

Repeal the paragraph.

111 After paragraph 21C(4)(e)

Insert:

; or (f) to an IGIS official for the purpose of the IGIS official

exercising a power, or performing a function or duty, as an

IGIS official.

112 Subsection 21C(4) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

113 At the end of subsection 25A(4)

Add:

; or (c) an IGIS official who is present at the examination for the

purpose of conducting an inspection or inquiry under the

Inspector-General of Intelligence and Security Act 1986

(subject to subsection (4A)).

114 After subsection 25A(4)

Insert:

(4A) Without limiting subsection (1) or (3), an examiner may prevent an

IGIS official from being present during an examination if the

examiner is satisfied that the official's attendance would be

reasonably likely to prejudice:

(a) the life or safety of a person; or

(b) the effectiveness of the examination.

The official must be provided with an audio-visual recording of the

examination as soon as practicable after the end of the

examination.

(4B) The IGIS official may be prevented from being present during the

examination either:

(a) by written notice given to the official before the examination;

(b) by notifying the official orally during the examination.

(4C) If the IGIS official is notified orally, the IGIS official must be

given a written notice as soon as practicable after the examination.

115 After subsection 25A(14A)

Insert:

(14B) Subsection (14A) does not apply if the person uses or discloses

examination material for the purpose of an IGIS official exercising

a power, or performing a function or duty, as an IGIS official.

Note:

An IGIS official does not bear an evidential burden in relation to this

subsection (see section 34C of the

Inspector-General of Intelligence

and Security Act 1986

Amendments

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Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

116 Paragraph 29B(2)(f)

Repeal the paragraph.

117 At the end of subsection 29B(2)

Add:

; or (h) to an IGIS official for the purpose of the IGIS official

exercising a power, or performing a function or duty, as an

IGIS official.

118 Paragraph 29B(4)(d)

Repeal the paragraph.

119 At the end of subsection 29B(4)

Add:

; or (f) to an IGIS official for the purpose of the IGIS official

exercising a power, or performing a function or duty, as an

IGIS official.

120 Subsection 36(4)

Repeal the subsection, substitute:

(4) To avoid doubt, this section does not limit the powers of the

Inspector-General of Intelligence and Security under the

Inspector-General of Intelligence and Security Act 1986

, or any

other law of the Commonwealth that confers powers on the

Inspector-General.

121 Schedule 1

In the appropriate position, insert:

Inspector-General of Intelligence and Security Act 1986

section 34

Australian Human Rights Commission Act 1986

122 Subsection 3(1)

Insert:

Schedule 1

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Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

Department of Home Affairs

means the Department administered

by the Minister administering the

Australian Border Force Act

2015

123 Subsection 3(1) (definition of

examiner

of ACIC)

Repeal the definition.

124 Subsection 11(3) (note)

Omit

"ACIC",

substitute

"AUSTRAC

, the Department of Home

Affairs

125 Subsection 11(4)

After "an intelligence agency is a reference to", insert "ACIC,".

126 Subparagraph 20(4C)(a)(i)

Repeal the subparagraph, substitute:

(i) an act or practice of AUSTRAC; or

(ia) an act or practice of the Department of Home Affairs; or

127 Subsection 21(3)

After "an intelligence agency is a reference to", insert "ACIC,".

128 Subsection 46PZ(1)

Omit

"ACIC",

substitute

"AUSTRAC,

the Department of Home

Affairs".

Crimes Act 1914

129 After paragraph 3ZQT(2)(c)

Insert:

; or (d) the disclosure is made for the purpose of an IGIS official

exercising a power, or performing a function or duty, as an

IGIS official.

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130 Subsection 3ZQT(2) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

131 After paragraph 3ZZHA(2)(da)

Insert:

(db) the disclosure is made for the purpose of an IGIS official

exercising a power, or performing a function or duty, as an

IGIS official;

132 Subsection 3ZZHA(2) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

133 Section 3

ZZUJ (paragraph beginning "The

Ombudsman

must inspect")

Omit "and the ACC"

(first occurring).

134 Section 3ZZUJ (paragraph (a) of the paragraph beginning

"The Ombudsman must inspect")

Omit "and the ACC".

135 Section 3ZZUJ (paragraph (b) of the paragraph beginning

"The Ombudsman must inspect")

After "enforcement officers", insert "of the Australian Federal Police".

136 At the end of section 3ZZUJ (before the note)

Insert:

•

The Inspector-General of Intelligence and Security inspects

the records of the ACC, in relation to the ACC's comp

liance

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

with this Part, under the

Inspector-General of Intelligence and

Security Act 1986

137 Subsection 3ZZVH(3) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

138 Subsection 3ZZVH(4) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

139 Subsection 3ZZVH(5) (including the note)

Repeal the subsection, substitute:

(5) Subsections (1) and (2) do not apply if the person uses or discloses

the information for the purpose of an IGIS official exercising a

power, or performing a function or duty, as an IGIS official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

140 Subparagraph 3ZZVJ(b)(i)

Omit "(3) or (4)", substitute "(3), (4) or (5)".

141 Section 3ZZVL (heading)

Omit "

and

the Ombudsman

", substitute

, and the Ombudsman or

the Inspector-General of Intelligence and Security

142 Before subsection 3ZZVL(1)

Insert:

(1AA) As soon as practicable after 30 June in each year:

Amendments

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Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(a) the chief officer of the Australian Federal Police must submit

a report to the Minister and the Ombudsman in accordance

with this section; and

(b) the chief officer of the ACC must submit a report to the

Minister and the Inspector-General of Intelligence and

Security in accordance with this section.

143 Subsection 3ZZVL(1)

Omit

"As soon as practicable after

30 June in each year, the chief

officer of the Australian Federal Police or the ACC must submit a

report to the Minister and the Ombudsman that sets out", substitute

"The report must set out".

144 Subsection 3ZZVM(3)

Repeal the subsection, substitute:

(3) A copy of a report given to the Minister under this section must, at

the same time as it is given to the Minister, be given to:

(a) if the report relates to the Australian Federal Police

the

Ombudsman; and

(b) if the report relates to the ACC

the Inspector-General of

Intelligence and Security.

145 Paragraph 3ZZVN(l)

After "the Ombudsman", insert "or the Inspector

-General of

Intelligence and Security, as the case requires,".

146 Subsection 3ZZVR(1)

Omit "and the ACC".

147 Paragraphs 3ZZVR(1)(a) and (b)

Omit "or the ACC, as the case requires".

148 Paragraph 3ZZVR(2)(a)

Omit "or the ACC, enter at any reasonable time premises occupied by

the Australian Federal Police or the ACC, as the case requires",

substitute ", enter at

any reasonable time premises occupied by the

Australian Federal Police".

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149 Paragraphs 3ZZVR(2)(b) to (d)

Omit "or the ACC".

150 Subsection 3ZZVR(3)

Omit "or the ACC must ensure that members of staff of the Australian

Federal Police or the ACC, as the

case requires,", substitute "must

ensure that members of its staff".

151 Subsection 3ZZVS(1)

Omit "or the ACC" (wherever occurring).

152 Paragraph 3ZZVS(4)(a)

Omit "or the ACC" (wherever occurring).

153 Subsection 3ZZVS(4)

Omit "or the ACC, as the case requires".

154 Subsection 3ZZVU(4)

Omit "or the ACC" (first occurring).

155 Paragraph 3ZZVU(4)(b)

Omit "or the ACC, as the case requires,".

156 Subsection 3ZZVU(4)

Omit "

records of the Australian Federal Police or the ACC, as the case

requires

, substit

ute "

records

of the Australian Federal Police"

157 Subparagraph 15HK(3)(c)(ii)

Omit "operation; and", substitute "operation; or".

158 At the end of paragraph 15HK(3)(c)

Add:

(iii) if the disclosure is to an IGIS official

action taken by

ACC, the Australian Federal Police or the Immigration

and Border Protection Department; and

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159 Subsection 15HK(3) (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

160 Section 15HM (heading)

After "

to Ombudsman

", insert "

or Inspector-General of Intelligence

and Security,

161 Subsection 15HM(1)

Omit "Ombudsman", substitute "

person mentioned in subsection (

1A)".

162 After subsection 15HM(1)

Insert:

(1A) For the purposes of subsection (1), the person is:

(a) if the authorising agency is ACC

the Inspector-General of

Intelligence and Security; and

(b) otherwise

the Ombudsman.

163 Subsection 15HM(3)

Repeal the subsection, substitute:

(3) The chief officer of an authorising agency may be required by the

following person to give additional information covering any

controlled operation to which a report relates:

(a) if the authorising agency is ACC

the Inspector-General of

Intelligence and Security;

(b) otherwise

the Ombudsman.

164 Subsection 15HM(5)

Repeal the subsection, substitute:

(5) A copy of a report given to the Ombudsman or the

Inspector-General of Intelligence and Security under this section

must be given to the Minister at the same time as it is given to the

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Ombudsman or the Inspector-General of Intelligence and Security

(as the case requires).

165 Section 15HN (heading)

Omit "

and Ombudsman

", insert "

, and Inspector-General of

Intelligence and Security or Ombudsman

166 Subsection 15HN(7)

Repeal the subsection, substitute:

(7) A copy of a report given to the Minister under this section must be

given to the following person at the same time as it is given to the

Minister:

(a) if the authorising agency is ACC

the Inspector-General of

Intelligence and Security;

(b) otherwise

the Ombudsman.

167 Subsection 15HO(1)

Repeal the subsection, substitute:

(1) The Ombudsman must, as soon as practicable after 30 June in each

year:

(a) prepare a report of the work and activities under this Part of

the Ombudsman for the preceding 12 months; and

(b) give a copy of the report to the Minister and to the chief

officer of the law enforcement agency to which the report

relates.

168 Subsection 15HO(7)

Repeal the subsection.

169 At the end of section 15HR

Add:

Note:

Inspections of ACC, including inspections relating to controlled

operations by ACC under this Part, are undertaken by the

Inspector-General of Intelligence and Security under the

Inspector-General of Intelligence and Security Act 1986

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170 Subsection 15HS(1)

After "each authorising agency", insert "

, except the ACC,

171 Subsection 15HS(1)

After "and by law enforcement officers", insert "of that agency".

172 Subsection 15HS(2)

Repeal the subsection.

173 Section 15HW (heading)

After "

Ombudsman

", insert "

or Inspector-General of Intelligence

and Security,

174 Before subsection 15HW(1)

Insert:

Definitions

175 Subsection 15HW(1) (definition of

State or Territory

inspecting authority)

After "

section 1

5HS", insert "

of this Act, or section 9A of the

Inspector-General of Intelligence and Security Act 1986

176 Before subsection 15HW(2)

Insert:

Exchange of information between Ombudsman and State

inspecting authorities

177 At the end of section 15HW

Add:

Exchange of information between Inspector-General of

Intelligence and Security and State inspecting authorities

(5) The Inspector-General of Intelligence and Security may give

information that:

(a) relates to a State or Territory agency; and

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(b) was obtained by an IGIS official under the

Inspector-General

of Intelligence and Security Act 1986

; and

agency (within the meaning of that Act);

to the State or Territory inspecting authority in relation to the

agency.

(6) The Inspector-General may only give information to an authority

under subsection (5) if the Inspector-General is satisfied that the

giving of the information is necessary to enable the authority to

perform its functions in relation to the State or Territory agency.

(7) The Inspector-General may receive, from a State or Territory

inspecting authority, information that:

(a) relates to a controlled operation conducted by an intelligence

agency (within the meaning of the

Inspector-General of

Intelligence and Security Act 1986

); and

(b) is relevant to the performance of the Inspector-

General's

functions under that Act.

178 At the end of section 15JQ

Add:

Exception

IGIS officials

(4) Subsection (1) does not apply if the person discloses the

information to an IGIS official for the purpose of the IGIS official

exercising a power, or performing a function or duty, as an IGIS

official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

179 At the end of section 15JR

Add:

Exception

IGIS officials

(4) Subsection (1) does not apply if the person discloses the

information to an IGIS official for the purpose of the IGIS official

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exercising a power, or performing a function or duty, as an IGIS

official.

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this subsection (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

180 At the end of paragraph 15MS(1)(e)

Add:

; (iv) the conduct is for the purpose of an IGIS official

exercising a power, or performing a function or duty, as

an IGIS official.

181 Subparagraph 15MS(2)(e)(iii)

Omit "

section 15MR; and

", substitute "

section 1

5MR;".

182 At the end of paragraph 15MS(2)(e)

Add:

(iv) the conduct is for the purpose of an IGIS official

exercising a power, or performing a function or duty, as

an IGIS official; and

183 Subparagraph 15MS(3)(e)(iii)

Omit "

section 1

5MR; and", substitute "

section 1

5MR;".

184 At the end of paragraph 15MS(3)(e)

Add:

(iv) the conduct is for the purpose of an IGIS official

exercising a power, or performing a function or duty, as

an IGIS official; and

185 At the end of subsection 15MT(1)

Add:

; (e) whether, for the purposes of subparagraph 15MS(1)(e)(iv),

(2)(e)(iv) or (3)(e)(iv), the conduct is for the purpose of an

IGIS official exercising a power, or performing a function or

duty, as an IGIS official.

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Migration Act 1958

186 Subsection 5(1)

Insert:

IGIS official

(short for Inspector-General of Intelligence and

Security official) means:

(a) the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the

Inspector-General of Intelligence and Security Act 1986

187 After paragraph 336E(2)(f)

Insert:

(fa) is for the purpose of an IGIS official exercising a power, or

performing a function or duty, as an IGIS official in relation

to action taken by the Department; or

188 After subsection 488(3)

Insert:

(3A) Subsection (1) does not apply in relation to the performance of an

action referred to in that subsection for the purpose of an IGIS

official exercising a power, or performing a function or duty, as an

IGIS official.

Note:

An IGIS official does not bear an evidential burden in relation to a

matter in this subsection (see section 34C of the

Inspector-General of

Intelligence and Security Act 1986

189 Subsection 503A(8)

After "

If any Act (whether passed before or after the commencement of

this section)

", insert ", except the

Inspector-General of Intelligence and

Security Act 1986

,".

Ombudsman Act 1976

190 Subsection 3(1) (definition of

ACC

)

Repeal the definition.

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191 Subsection 3(1)

Insert:

ACIC

means the agency known as the Australian Criminal

Intelligence Commission established by

the

Australian Crime

Commission Act 2002

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

192 Subsection 3(1) (definition of

Board of the ACC

)

Repeal the definition.

193 Subsection 3(1)

Insert:

Department of Home Affairs

means the Department administered

by the Minister administering the

Australian Border Force Act

2015

194 Subsection 3(1) (definition of

examiner

of ACC)

Repeal the definition.

195 Subsection 3(13A)

Repeal the subsection.

196 Paragraphs 5B(a) and (b)

Repeal the paragraphs, substitute:

(a) AUSTRAC; or

(b) the Australian Federal Police; or

197 Section 6A

Repeal the section.

198 Subparagraphs 6F(1)(a)(i) and (ii)

Repeal the subparagraphs, substitute:

(i) AUSTRAC; or

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(ii) the Australian Federal Police; or

(iii) the Department of Home Affairs; and

199 Section 8B

Repeal the section.

200 Paragraph 9(3)(e)

Repeal the paragraph.

201 Subparagraph 19R(3)(b)(v)

Repeal the subparagraph.

202 Subparagraph 19R(3)(b)(viii)

Omit "

sections 8A

and 8B", substitute "

section 8

A".

203 Subsection 19R(4) (table items 5 and 6)

Repeal the items.

204 Paragraph 19ZM(3)(c)

Omit "6A", substitute "6B".

205 Paragraph 19ZM(3)(q)

Omit "35B", substitute "35C".

206 Subsection 19ZM(4) (table items 8 and 9)

Repeal the items.

207 Paragraph 20ZK(1)(j)

Repeal the paragraph.

208 Paragraph 20ZK(2)(g)

Omit "

subsections 3

5B(2) and 35C(2)", substitute "

subsection 3

5C(2)".

209 Subparagraph 20ZK(2)(g)(ii)

Omit

"or 6A".

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210 Subsection 20ZS(1) (table item 12, column 2)

Omit "; transfer of complaints about ACC".

211 Subsection 35(5)

Omit "(c), (d) or (e)", substitute "(c) or (d)".

212 Subsection 35AA(2)

Omit "Subject to

section 3

5B, nothing", substitute "Nothing".

213 Subsection 35A(1)

Omit "Subject to

sections 3

5B and 35C,", substitute "Subject to

section 3

5C,".

214 Section 35B

Repeal the section.

215 Subsection 35C(2) (paragraph (b) of the definition of

listed disclosure method

)

Omit "or 6A".

216 Subsection 35C(2) (paragraph (d) of the definition of

listed disclosure method

)

Repeal the paragraph.

Privacy Act 1988

217 Subsection 6(1)

Insert:

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

218 Section 49B

Omit "or the Australian Federal Police", substitute ", the Australian

Federal Police, AUSTRAC or the Department of Home Affairs (within

the meaning of the

Inspector-General of Intelligence and Security Act

1986

)".

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Public Interest Disclosure Act 2013

219 Section 8

Insert:

AUSTRAC

means the Australian Transaction Reports and Analysis

Centre continued in existence by the

Anti-Money Laundering and

Counter-Terrorism Financing Act 2006

Department of Home Affairs

means the Department administered

by the Minister administering the

Australian Border Force Act

2015

220 Section 8 (at the end of the definition of

intelligence

agency

)

Add:

; or (g) the ACIC.

221 Section 8 (definition of

intelligence function

)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

222 Subsection 26(1) (table item 2, column 3, paragraph (i))

After

"intelligence agency", insert ",

except

ACIC".

223 Section 34 (table item 1, column 2, subparagraph (ca)(i))

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

224 Paragraph 41(1)(a)

After "intelligence agency", insert "

except ACIC".

225 Subparagraph 41(1)(b)(ii)

After "intelligence agency", insert "

, except ACIC,

226 Subparagraph 41(1)(b)(iii)

After "intelligence agency", insert ", except ACIC".

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227 Subparagraph 41(1)(c)(i)

After "intelligence agency", insert "

except ACIC".

228 Section 42 (note 2)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

229 Subparagraph 43(3)(a)(iii)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

230 Subsection 43(3A)

Repeal the subsection.

231 Paragraphs 44(1A)(a) and (b)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

232 Section 46 (note)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

233 Paragraph 50A(1)(c)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

234 Subparagraph 50A(2)(b)(ii)

Omit "ACIC", substitute "AUSTRAC, the

Department of Home

Affairs".

235 Paragraph 52(4)(b)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

236 Section 58 (note)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

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237 Paragraphs 63(aa) and (ba)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

238 Section 63 (paragraph (b) of the note)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

Security of Critical Infrastructure Act 2018

239 After subsection 46(5) (before the note)

Insert:

Disclosure to an IGIS official

(6) Section 45 does not apply to an entity to the extent that the entity

discloses protected information to an IGIS official for the purposes

of exercising powers, or performing duties or functions, as an IGIS

official.

240 Section 46 (note)

Repeal the note, substitute:

Note:

A defendant, except for an IGIS official, bears an evidential burden in

relation to a matter in this section (see subsection 13.3(3) of the

Criminal Code

). For IGIS officials, see section 34C of the

Inspector-General of Intelligence and Security Act 1986

Surveillance Devices Act 2004

241 After subsection 45(6A)

Insert:

(6B) Protected information may be communicated by an IGIS official to

an Ombudsman official for the purposes of the Ombudsman

official exercising powers, or performing functions or duties, as an

Ombudsman official.

242 Section 49A (heading)

Repeal the heading, substitute:

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49A Notification to Ombudsman or IGIS in relation to Part 5.3

warrants

243 Subsection 49A(1)

Repeal the subsection, substitute:

(1) Within 6 months after a Part 5.3 warrant is issued in response to an

application by a law enforcement officer of a law enforcement

agency, the chief officer of the agency must:

(a) if the law enforcement agency is the Australian Crime

Commission:

(i) notify the Inspector-General of Intelligence and Security

that the warrant has been issued; and

(ii) give the Inspector-General of Intelligence and Security

a copy of the warrant; and

(b) otherwise:

(i) notify the Ombudsman that the warrant has been issued;

and

(ii) give the Ombudsman a copy of the warrant.

244 Subsection 49A(2)

After "the Ombudsman", insert "or the Inspector

-General of

Intelligence and Security (as the case requires)

245 Section 49B

Repeal the section, substitute:

49B Notification to Ombudsman or IGIS in relation to concealment

of access under a computer access warrant

(1) This section applies if:

(a) a computer access warrant was issued in response to an

application made by a law enforcement officer of a law

enforcement agency; and

(b) a thing mentioned in subsection 27E(7) was done under the

warrant after the 28-day period mentioned in

paragraph 27E(7)(j).

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(2) The chief officer of the law enforcement agency must notify the

person mentioned in subsection (3):

(a) that the warrant was issued; and

(b) of the fact that the thing was done under the warrant after the

28-day period mentioned in paragraph 27E(7)(j);

within 7 days after the thing was done.

(3) For the purposes of subsection (2), the person is:

(a) if the law enforcement agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security; and

(b) otherwise

the Ombudsman.

246 Section 49C

Repeal the section, substitute:

49C Notification to Ombudsman or IGIS of things done under a

data disruption warrant

Notification of thing done under warrant

(1) Subsection (2) applies if:

(a) a data disruption warrant was issued in response to an

application made by a law enforcement officer of a law

enforcement agency; and

(b) a thing mentioned in subsection 27KE(2) was done under the

warrant.

(2) The chief officer of the law enforcement agency must notify the

person mentioned in subsection (5):

(a) that the warrant was issued; and

(b) of the fact that the thing was done under the warrant;

within 7 days after the thing was done.

Notification of material loss or damage

(3) Subsection (4) applies if:

(a) a data disruption warrant was issued in response to an

application made by a law enforcement officer of a law

enforcement agency; and

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(b) the person executing the warrant becomes aware that a thing

mentioned in subsection 27KE(2) that was done under the

warrant has caused material loss or damage to one or more

persons lawfully using a computer.

(4) The chief officer of the law enforcement agency must notify the

person mentioned in subsection (5):

(a) that the thing has caused material loss or damage to one or

more persons lawfully using a computer; and

(b) of the particulars of that loss or damage;

within 7 days after the person executing the warrant became so

aware.

Relevant person agency must notify

(5) For the purposes of subsections (2) and (4), the person is:

(a) if the law enforcement agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security; and

(b) otherwise

the Ombudsman.

247 Subsection 55(1)

After "records of a law enforcement agency", insert "

, except the

Australian Crime Commission,

248 At the end of subsection 55(1)

Add:

Note:

Inspections of the Australian Crime Commission, including

inspections relating to the extent of compliance with this Act by the

Australian Crime Commission, are undertaken by the

Inspector-General of Intelligence and Security under the

Inspector-General of Intelligence and Security Act 1986

249 Subsection 55(2)

Repeal the subsection.

250 At the end of subsection 55(2A)

Add:

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Note:

This subsection does not apply in relation to records of the Australian

Crime Commission, as that agency does not provide notifications to

the Ombudsman under section 49A.

251 After paragraph 55(2B)(b)

Insert:

and (c) the law enforcement agency is not the Australian Crime

Commission;

252 Section 58 (heading)

After "

Ombudsman

", insert "

or IGIS,

253 Before subsection 58(1)

Insert:

Definitions

254 Subsection 58(1) (definition of

State or Territory

inspecting authority)

After "

section 5

5", insert "of this Act, or section

9A of the

Inspector-General of Intelligence and Security Act 1986

,".

255 Before subsection 58(2)

Insert:

Exchange of information between Ombudsman and State

inspecting authorities

256 At the end of section 58

Add:

Exchange of information between IGIS and State inspecting

authorities

(5) The Inspector-General of Intelligence and Security may give

information that:

(a) relates to a State or Territory agency; and

(b) was obtained by an IGIS official under the

Inspector-General

of Intelligence and Security Act 1986

; and

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agency (within the meaning of the

Inspector-General of

Intelligence and Security Act 1986

);

to the State or Territory inspecting authority in relation to the

agency.

(6) The Inspector-General of Intelligence and Security may only give

information to an authority under subsection (5) if the

Inspector-General of Intelligence and Security is satisfied that the

giving of the information is necessary to enable the authority to

perform its functions in relation to the State or Territory agency.

(7) The Inspector-General of Intelligence and Security may receive,

from a State or Territory inspecting authority, information that:

(a) relates to the use of powers under this Act by an intelligence

agency (within the meaning of the

Inspector-General of

Intelligence and Security Act 1986

); and

(b) is relevant to the performance of the Inspector-General of

Intelligence and Security's functions under that Act.

Telecommunications Act 1997

257 Subsection 317HAB(4)

Repeal the subsection, substitute:

(4) If the chief officer of an interception agency gives a technical

assistance request, the chief officer must, within 7 days after the

request is given, notify the following person that the request has

been given:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

258 Subsection 317JA(18)

Repeal the subsection, substitute:

(18) If the chief officer of an interception agency varies a technical

assistance request, the chief officer must, within 7 days after

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varying the request, notify the following person that the request has

been varied:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

259 Subsection 317JB(9)

Repeal the subsection, substitute:

(9) If the chief officer of an interception agency revokes a technical

assistance request, the chief officer must, within 7 days after

revoking the request, notify the following person that the request

has been revoked:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

260 After subparagraph 317MAA(4)(b)(i)

Insert:

(ia) the Inspector-General of Intelligence and Security; or

261 Subsection 317MAB(2)

Repeal the subsection, substitute:

(2) If the chief officer of an interception agency gives a technical

assistance notice, the chief officer must, within 7 days after the

notice is given, notify the following person that the notice has been

given:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

262 Subsection 317MA(1F)

Repeal the subsection, substitute:

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(1F) If the chief officer of an interception agency extends the period for

which a technical assistance notice is in force, the chief officer

must, within 7 days after extending the period, notify the following

person of the extension:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

263 Subsection 317Q(13)

Repeal the subsection, substitute:

(13) If the chief officer of an interception agency varies a technical

assistance notice, the chief officer must, within 7 days after varying

the notice, notify the following person that the notice has been

varied:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

264 Subsection 317R(6)

Repeal the subsection, substitute:

(6) If the chief officer of an interception agency revokes a technical

assistance notice, the chief officer must, within 7 days after

revoking the notice, notify the following person that the notice has

been revoked:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

265 Subsection 317TAB(2)

Omit "If:", substitute "

Subsection (

2A) applies if:".

266 Subparagraph 317TAB(2)(b)(ii)

Omit "

paragraph 3

17T(2)(b);", substitute "

paragraph 3

17T(2)(b)."

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Intelligence Services Legislation Amendment Bill 2023

No. , 2023

267 Subsection 317TAB(2)

Omit "the Attorney

-General must, within 7 days after the notice is

given, notify the Commonwealth Ombudsman that the notice has been

given.".

268 After subsection 317TAB(2)

Insert:

(2A) The Attorney-General must, within 7 days after the notice is given,

notify the following person that the notice has been given:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

269 Subsection 317TAB(3)

Omit "(2)", substitute "(2A)".

270 Subsection 317TA(1E)

Omit "If:", substitute "

Subsection (

1EA) applies if:".

271 Subparagraph 317TA(1E)(b)(ii)

Omit "

paragraph 3

17T(2)(b);", substitute "

paragraph 3

17T(2)(b)."

272 Subsection 317TA(1E)

Omit "the Attorney

-General must, within 7 days after extending the

period, notify the Commonwealth Ombudsman of the extension.".

273 After subsection 317TA(1E)

Insert:

(1EA) The Attorney-General must, within 7 days after extending the

period, notify the following person of the extension:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

Amendments

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No. , 2023

Intelligence Services Legislation Amendment Bill 2023

274 Subsection 317TA(1F)

Omit "(1E)", substitute "(1EA)".

275 Paragraph 317WA(6)(e)

Omit "give a copy of the report to the Commonwealth Ombudsman.",

substitute:

give a copy of the report to:

(iii) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security; and

(iv) otherwise

the Commonwealth Ombudsman.

276 Subsection 317X(7)

Omit "If:", substitute "

Subsection (

7A) applies if:".

277 Subparagraph 317X(7)(b)(ii)

Omit "

paragraph 3

17T(2)(b);", substitute "

paragraph 3

17T(2)(b)."

278 Subsection 317X(7)

Omit "the Attorney

-General must, within 7 days after varying the

notice, notify the Commonwealth Ombudsman that the notice has been

varied.".

279 After subsection 317X(7)

Insert:

(7A) The Attorney-General must, within 7 days after varying the notice,

notify the following person that the notice has been varied:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

280 Subsection 317X(8)

Omit "(7)", substitute "(7A)".

Schedule 1

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Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

281 Paragraph 317YA(6)(e)

Omit "give a copy of the report to the Commonwealth Ombudsman.",

substitute:

give a copy of the report to:

(iii) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security; and

(iv) otherwise

the Commonwealth Ombudsman.

282 Subsection 317Z(4)

Omit "If:", substitute "

Subsection (

4A) applies if:".

283 Subparagraph 317Z(4)(b)(ii)

Omit "

paragraph 3

17T(2)(b);", substitute "

paragraph 3

17T(2)(b)."

284 Subsection 317Z(4)

Omit "the Attorney

-General must, within 7 days after revoking the

notice, notify the Commonwealth Ombudsman that the notice has been

revoked.".

285 After subsection 317Z(4)

Insert:

(4A) The Attorney-General must, within 7 days after revoking the

notice, notify the following person that the notice has been

revoked:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

286 Subsection 317Z(5)

Omit "(4)", substitute "(4A)".

287 After subsection 317ZF(5)

Insert:

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Intelligence Services Legislation Amendment Bill 2023

(5AA) If a technical assistance notice is given by the chief officer of an

interception agency of a State or Territory, an IGIS official may

disclose technical assistance notice information that relates to the

notice to an officer or employee of an authority that is the State or

Territory inspecting authority in relation to the interception agency,

so long as the disclosure is in connection with the officer or

employee exercising powers, or performing functions or duties, as

an officer or employee of the State or Territory inspecting

authority.

(5AB) If a technical assistance request is given by the chief officer of an

interception agency of a State or Territory, an IGIS official may

disclose technical assistance request information that relates to the

request to an officer or employee of an authority that is the State or

Territory inspecting authority in relation to the interception agency,

so long as the disclosure is in connection with the officer or

employee exercising powers, or performing functions or duties, as

an officer or employee of the State or Territory inspecting

authority.

288 Subsection 317ZKA(2)

Repeal the subsection, substitute:

(2) If the chief officer of an interception agency makes a declaration

under paragraph 317ZK(1)(d), (3)(e) or (6A)(b), the chief officer

must, within 7 days after making the declaration, notify the

following person of the making of the declaration:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

289 Subsection 317ZKA(4)

Omit "If:", substitute "

Subsection (4A) applies if

:".

290 Subparagraph 317ZKA(4)(b)(ii)

Omit "

paragraph 3

17T(2)(b);", substitute "

paragraph 3

17T(2)(b)."

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

291 Subsection 317ZKA(4)

Omit "the Attorney

-General must, within 7 days after making the

declaration, notify the Commonwealth Ombudsman of the making of

the declaration.".

292 After subsection 317ZKA(4)

Insert:

(4A) The Attorney-General must, within 7 days after making the

declaration, notify the following person of the making of the

declaration:

(a) if the interception agency is the Australian Crime

Commission

the Inspector-General of Intelligence and

Security;

(b) otherwise

the Commonwealth Ombudsman.

293 Subsection 317ZKA(5)

Omit "(4)", substitute "(4A)".

294 Subsection 317ZRB(1)

After "interception agency", insert ",

except the Australian Crime

Commission,".

295 Subsection 317ZRB(2)

After "interception agency", insert "to which

subsection (

1) applies".

296 Subsection 317ZRB(2)

Omit "conferred by

subsection (

1)", substitute "conferred by that

subsection".

Telecommunications (Interception and Access) Act 1979

297 Section 59B (heading)

Omit "

by Commonwealth agencies

", substitute "

Inspector-General of Intelligence and Security

298 Paragraphs 59B(1)(a) and (b)

Repeal the paragraphs, substitute:

Amendments

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Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(a) if the agency is the ACC:

(i) notify the Inspector-General of Intelligence and Security

that the warrant has been issued; and

(ii) give to the Inspector-General of Intelligence and

Security a copy of the warrant; and

(b) otherwise:

(i) notify the Ombudsman that the warrant has been issued;

and

(ii) give to the Ombudsman a copy of the warrant.

299 Subsection 59B(2)

Omit "an officer of a Commonwealth agency", substitute "an officer of

the agency".

300 Subsection 59B(2)

After "must notify the Ombudsman", insert "or the

Inspector-General of

Intelligence and Security (as the case requires

)".

301 Before subsection 83(1)

Insert:

(1AA) This section applies to each Commonwealth agency, except the

ACC.

Note:

Inspections of ACC, including inspections relating to ACC's

compliance with sections 79, 79AA, 80 and 81 of this Act, are

undertaken by the Inspector-General of Intelligence and Security

under the

Inspector-General of Intelligence and Security Act 1986

302 At the end of subsection 84(1)

Add:

Note:

The Ombudsman does not report to the Minister in relation to the

ACC, as the Ombudsman does not inspect the records of that agency

under subsections 83(1), (3) and (4) (see subsection 83(1AA)).

303 Before subsection 92A(1)

Insert:

Schedule 1

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Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Definitions

304 Subsection 92A(1) (at the end of the definition of

State

inspecting authority)

Add "of this Act, or section

9A of the

Inspector-General of Intelligence

and Security Act 1986

, when the State agency is exercising powers

under the law of that State that is

of a similar nature to this Act".

305 Before subsection 92A(2)

Insert:

Exchange of information between Ombudsman and State

inspecting authorities

306 At the end of section 92A

Add:

Exchange of information between IGIS and State inspecting

authorities

(5) The Inspector-General of Intelligence and Security may give

information that:

(a) relates to a State agency; and

(b) was obtained by an IGIS official under the

Inspector-General

of Intelligence and Security Act 1986

; and

agency (within the meaning of the

Inspector-General of

Intelligence and Security Act 1986

);

to the State inspecting authority in relation to the State agency.

(6) The Inspector-General of Intelligence and Security may only give

information to an authority under subsection (5) if the

Inspector-General of Intelligence and Security is satisfied that the

giving of the information is necessary to enable the authority to

perform its functions in relation to the State agency.

(7) The Inspector-General of Intelligence and Security may receive,

from a State inspecting authority, information that:

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(a) relates to the use of powers under this Act by an intelligence

agency (within the meaning of the

Inspector-General of

Intelligence and Security Act 1986

); and

(b) is relevant to the performance of the Inspector-General of

Intelligence and Security's functions under that Act.

307 Section 1

07G (paragraph beginning "The Ombudsman

has functions)

Omit "(other than the Organisation) and

the Inspector-General of

Intelligence and Security has functions in relation to preservation

notices given by the Organisation", substitute "(other than the ACC and

the Organisation), and the Inspector-General of Intelligence and

Security has functions in relation to preservation notices given by the

ACC and the Organisation".

308 Subparagraph 151(3)(b)(ii)

Repeal the subparagraph, substitute:

(ii) if the Ombudsman is required to give a report to the

Minister under section 186J that is about records that

include the item

when the Ombudsman gives the

report;

309 Subsection 185D(5) (heading)

Repeal the heading, substitute:

Enforcement agencies

general

310 Before paragraph 185D(5)(a)

Insert:

(aa) if the agency was the ACC:

(i) the chief officer of the ACC must, as soon as

practicable, give copies of the warrant to the Minister

and the Inspector-General of Intelligence and Security;

and

(ii) the Minister must, as soon as practicable after receiving

a copy, cause the Parliamentary Joint Committee on

Intelligence and Security to be notified of the issuing of

the warrant; and

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

311 Subsection 185D(6)

Repeal the subsection, substitute:

(6) If an authorisation under Division 4 of Part 4-1 is made under the

authority of the warrant, the chief officer of the agency must, as

soon as practicable after the expiry of the warrant, give a copy of

the authorisation to:

(a) if the agency was the ACC

the Inspector-General of

Intelligence and Security; and

(b) otherwise

the Ombudsman.

Enforcement agencies

reports relating to Australian Federal

Police

312 At the end of section 185D

Add:

Enforcement agencies

reports relating to ACC

(9) If:

(a) the Inspector-General gives to the Minister a report under

section 22 or 25A of the

Inspector-General of Intelligence

and Security Act 1986

; and

(b) the report relates (wholly or partly) to one or both of the

following:

(i) a journalist information warrant issued to the ACC;

(ii) one or more authorisations, referred to in subsection (6)

of this section, that were made by one or more

authorised officers of the ACC;

the Minister must, as soon as practicable, cause a copy of the report

to be given to the Parliamentary Joint Committee on Intelligence

and Security.

(10) The Parliamentary Joint Committee on Intelligence and Security

may request a briefing from the Inspector-General on:

(a) a journalist information warrant; or

(b) an authorisation or authorisations;

to which a report referred to in paragraph (9)(b) of this section

relates.

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

313 Subparagraph 186A(3)(b)(ii)

Repeal the subparagraph, substitute:

(ii) if the Ombudsman is required to give a report to the

Minister under section 186J that is about records that

include the item

when the Ombudsman gives the

report;

314 Subsection 186B(1)

After "an enforcement agency", insert "

, except the ACC or any agency,

or part of an agency performing any functions, prescribed by

regulations made under the

Ombudsman Act 1976

for the purposes of

subsection (1B) of this section,

315 Paragraph 186B(1)(b)

After "criminal law

enforcement agency", insert ", except the ACC

any agency, or part of an agency performing any functions, prescribed

by regulations made under the

Ombudsman Act 1976

for the purposes

of subsection (1B) of this section

316 Paragraph 186B(1A)(b)

After "an enforcement agency",

insert

", except the ACC

or any agency,

or part of an agency performing any functions, prescribed by

regulations made under the

Ombudsman Act 1976

for the purposes of

subsection (1B) of this section

,".

317 After subsection 186B(1A)

Insert:

(1B) Regulations made under the

Ombudsman Act 1976

may prescribe

certain agencies, or functions of certain agencies, for the purposes

of this subsection.

318 Section 186F (heading)

After "

Ombudsman

", insert "

or Inspector-General of Intelligence

and Security,

319 Before subsection 186F(1)

Insert:

Schedule 1

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Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Exchange of information between Ombudsman and State

inspecting authorities

320 At the end of section 186F

Add:

Exchange of information between Inspector-General of

Intelligence and Security and State inspecting authorities

(4) If an IGIS official has obtained, under the

Inspector-General of

Intelligence and Security Act 1986

, information relating to an

authority of a State or Territory about the performance of functions

of an intelligence agency (within the meaning of that Act) and its

officers relating to:

(a) Chapter 3 or 4 of this Act; or

(b) Part 15 of the

Telecommunications Act 1997

in relation to the

performance of a function, or the exercise of a power,

conferred by that Part of that Act in connection with a stored

communications warrant or an authorisation under

Division 3, 4 or 4A of Part 4-1 of this Act;

the Inspector-General of Intelligence and Security may give the

information to an inspecting authority of that State or Territory

(within the meaning of subsection (5)).

(5) For the purposes of subsection (4), an

inspecting authority

of a

State or Territory is an authority:

(a) that has powers under the law of that State or Territory; and

(b) has the function of making inspections of a similar kind to

those provided for in section 9A of the

Inspector-General of

Intelligence and Security Act 1986

when the inspecting

authority is exercising those powers.

(6) However, the Inspector-General of Intelligence and Security may

give the information only if the Inspector-General of Intelligence

and Security is satisfied that giving the information is necessary to

enable the inspecting authority to perform its functions in relation

to the authority of the State or Territory.

(7) The Inspector-General of Intelligence and Security may receive,

from an inspecting authority, information that:

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(a) relates to the performance of functions of an intelligence

agency (within the meaning of the

Inspector-General of

Intelligence and Security

Act 1986

) relating to the provisions

mentioned in paragraph (4)(a) or (b); and

(b) is relevant to the performance of the Inspector-General of

Intelligence and Se

curity's

functions under the

Inspector-General of Intelligence and Security Act 1986

321 Clause 51 of Schedule 1

(paragraph beginning "If an

international production order is issued")

After "the Ombudsman", insert "(if the agency is not the ACC)

, or the

Inspector-General of Intelligence and Security (if the agency is the

ACC)".

322 Division 5 of Part 3 of Schedule 1 (heading)

Repeal the heading, substitute:

Division

5--Notification to Ombudsman or the

Inspector

General of Intelligence and Security by

Part

5.3 IPO agencies in relation to international

production orders

323 Clause 81 of Schedule 1 (heading)

After "

to Ombudsman

", insert "

or the Inspector-General of

Intelligence and Security

324 Subclause 81(1) of Schedule 1

Repeal the subclause, substitute:

(1) Within 3 months after an international production order is issued

under this Part in response to an application by a Part 5.3 IPO

agency, the chief officer of the agency must:

(a) if the agency is the ACC:

(i) notify the Inspector-General of Intelligence and Security

that the order has been issued; and

(ii) give to the Inspector-General of Intelligence and

Security a copy of the order; and

(b) otherwise:

Schedule 1

Amendments

Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(i) notify the Ombudsman that the order has been issued;

and

(ii) give to the Ombudsman a copy of the order.

325 Paragraph 81(2)(a) of Schedule 1

After "the Ombudsman", insert "or the Inspector

-General of

Intelligence and Security (as the case requires)".

326 Subparagraph 133(2)(b)(ii) of Schedule 1

Repeal the subparagraph, substitute:

(ii) if the Ombudsman is required to give a report to the

Minister under clause 150 that is about records that

include the copy

when the Ombudsman gives the

report;

327 Subparagraph 134(3)(b)(ii) of Schedule 1

Repeal the subparagraph, substitute:

(ii) if the Ombudsman is required to give a report to the

Minister under clause 150 that is about records that

include the copy

when the Ombudsman gives the

report;

328 Clause 141 of Schedule 1

(paragraph beginning "The

Ombudsman may inspect records of a relevant

agency")

After "a relevant agency", insert "

, except the ACC or certain agencies,

or parts of agencies, prescribed by regulations made under the

Ombudsman Act 1976

329 Subclause 142(1) of Schedule 1

After "may inspect records of a relevant agency", insert "

, except the

ACC or any agency, or part of an agency performing any functions,

prescribed by regulations made under the

Ombudsman Act 1976

for the

purposes of subclause (1A) of this clause,

330 After subclause 142(1) of Schedule 1

Insert:

Amendments

Schedule 1

Consequential amendments commencing with the main amendments

Part 2

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(1A) Regulations made under the

Ombudsman Act 1976

may prescribe

certain agencies, or functions of certain agencies, for the purposes

of this subclause.

331 Clause 147 of Schedule 1 (heading)

After "

Ombudsman

", insert "

or Inspector-General of Intelligence

and Security,

332 Before subclause 147(1) of Schedule 1

Insert:

Exchange of information between Ombudsman and State/Territory

inspecting authorities

333 At the end of clause 147 of Schedule 1

Add:

Exchange of information between Inspector-General of

Intelligence and Security and State/Territory inspecting authorities

(4) If an IGIS official has obtained, under the

Inspector-General of

Intelligence and Security Act 1986

, information relating to an

authority of a State or Territory about the performance of functions

of an intelligence agency (within the meaning of that Act) and its

officers, the Inspector-General of Intelligence and Security may

give the information to another authority of that State or Territory

(an

inspecting authority

) that:

(a) has powers under the law of that State or Territory; and

(b) has the function of making inspections of a similar kind to

those provided for in section 9A of the

Inspector-General of

Intelligence and Security Act 1986

when the inspecting

authority is exercising those powers.

(5) However, the Inspector-General of Intelligence and Security may

give the information only if the Inspector-General of Intelligence

and Security is satisfied that giving the information is necessary to

enable the inspecting authority to perform its functions in relation

to the authority of the State or Territory.

(6) The Inspector-General of Intelligence and Security may receive,

from an inspecting authority, information that:

Schedule 1

Amendments

Part 2

Consequential amendments commencing with the main amendments

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(a) relates to the performance of functions of an intelligence

agency (within the meaning of the

Inspector-General of

Intelligence and Security

Act 1986

) with this Schedule; and

(b) is relevant to the performance of the Inspector-General of

Intelligence and Security'

s functions under that Act.

Amendments

Schedule 1

Consequential amendments commencing after the NACC Act

Part 3

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Part

3--Consequential amendments commencing

after the NACC Act

National Anti

Corruption Commission Act 2022

334 Section 7

Insert:

ACIC

means the agency known as the Australian Criminal

Intelligence Commission established by

the

Australian Crime

Commission Act 2002

335 Section 7 (at the end of the definition of

intelligence

agency

)

Add:

; or (g) ACIC.

Schedule 1

Amendments

Part 4

Consequential amendments commencing after the PID Amendment Act

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Part

4--Consequential amendments commencing

after the PID Amendment Act

Public Interest Disclosure Act 2013

336 Section 7 (paragraph (b) of the paragraph beginning

"Notice of decisions")

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

337 Paragraphs 7A(2)(c) and 7B(1)(b)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

338 Subparagraphs 43(5)(a)(ii) and (iii)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

339 Subsection 43(7)

Repeal the subsection.

340 Subparagraphs 44(3)(b)(iv) and (c)(ii)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

341 Paragraphs 44A(3)(b) and (c)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

342 Subparagraphs 45A(1)(b)(ii) and 51(4)(c)(ii)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

Amendments

Schedule 1

Consequential amendments commencing after the PID Amendment Act and the NACC

(CTP) Act commence

Part 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Part

5--Consequential amendments commencing

after the PID Amendment Act and the NACC

(CTP) Act commence

Public Interest Disclosure Act 2013

343 Subparagraphs 44B(2)(b)(iii), 50A(4)(b)(iii) and

56(4A)(b)(ii)

Omit "ACIC", substitute "AUSTRAC, the Department of Home

Affairs".

Schedule 2

Contingent amendments

Part 1

Consequential amendments if the NACC (CTP) Act commences before the

main amendments in Schedule 1

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Schedule

2--Contingent amendments

Part

1--Consequential amendments if the NACC

(CTP) Act commences before the main

amendments in Schedule

Australian Border Force Act 2015

1 Section 43 (heading)

Omit "

or the

National Anti-Corruption Commission Act 2022

substitute "

or integrity bodies

Crimes Act 1914

2 Paragraph 15HK(3)(a)

Omit "or the Inspector of the National Anti

Corruption Commission",

substitute ", the Inspector of the National Anti

-Corruption Commission

or the Inspector-

General of Intelligence and Security".

Ombudsman Act 1976

3 Subsection 20ZS(1) (cell at table item 11, column 1)

Repeal the cell, substitute:

subsection 35C(2)

(paragraph (a) of the

definition of

listed

disclosure method

)

(disclosure of NACC

information)

4 Subsection 20ZS(1) (cell at table item 12, column 1)

Repeal the cell, substitute:

subsection 35C(2)

(paragraph (b) of the

definition of

listed

disclosure method

)

(disclosure of NACC

Schedule 2

Contingent amendments

Part 2

Consequential amendments if the main amendments in Schedule 1 commence

before the NACC (CTP) Act

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Part

2--Consequential amendments if the main

amendments in Schedule

1 commence

before the NACC (CTP) Act

Australian Border Force Act 2015

5 Section 43 (heading)

Omit "

or the

Law Enforcement Integrity Commissioner Act 2006

substitute "

or integrity bodies

Crimes Act 1914

6 Paragraph 15HK(3)(a)

Omit "or the Integrity Commissioner", substitute ", the Integrity

Commissioner or the Inspector-

General of Intelligence and Security".

Ombudsman Act 1976

7 Subsection 20ZS(1) (cell at table item 11, column 1)

Repeal the cell, substitute:

subsection 35C(2)

(paragraph (a) of the

definition of

listed

disclosure method

)

(disclosure of ACLEI

information)

8 Subsection 20ZS(1) (cell at table item 12, column 1)

Repeal the cell, substitute:

subsection 35C(2)

(paragraph (b) of the

definition of

listed

disclosure method

)

(disclosure of ACLEI

information)

Contingent amendments

Schedule 2

Consequential amendments commencing after the NACC (CTP) Act commences if the

main amendments in Schedule 1 commence first

Part 3

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Part

3--Consequential amendments commencing

after the NACC (CTP) Act commences if the

main amendments in Schedule

1 commence

first

Australian Crime Commission Act 2002

9 Paragraph 21C(2)(g)

Omit "(within the meaning of the

National Anti-Corruption

Commission Act 2022

).", substitute "(within the meaning of the

National Anti-Corruption Commission Act 2022

); or".

10 Paragraph 21C(4)(e)

Omit "(within the meaning of the

National Anti-Corruption

Commission Act 2022

).", substitute "(within the meaning of the

National Anti-Corruption Commission Act 2022

); or".

11 Paragraph 29B(2)(g)

Omit "(within the meaning of the

National Anti-Corruption

Commission Act 2022

).", substitute "(within the meaning of the

National Anti-Corruption Commission Act 2022

); or".

12 Paragraph 29B(4)(e)

Omit "(within the meaning of the

National Anti-Corruption

Commission Act 2022

).", substitute "(within the meaning of the

National Anti-Corruption Commission Act 2022

); or".

Crimes Act 1914

13 Paragraph 15HK(3)(a)

Omit "the Integrity Commissioner", substitute "the National

Anti-Corruption Commissioner, the Inspector of the National

Anti-

Corruption Commission".

Schedule 2

Contingent amendments

Part 4

Consequential amendments if the NSLAB (No. 2) Act commences before the

main amendments in Schedule 1

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Part

4--Consequential amendments if the NSLAB

(No. 2) Act commences before the main

amendments in Schedule

Ombudsman Act 1976

14 Before subparagraph 5(2)(e)(i)

Insert:

(ia) the ACIC;

15 Subparagraph 5(2)(e)(vi)

Repeal the subparagraph, substitute:

(vi) the Office of National Intelligence;

(vii) the part of the Department of Home Affairs prescribed

by the regulations; or

Contingent amendments

Schedule 2

Consequential amendments if the main amendments in Schedule 1 commence before

the NSLAB (No. 2) Act

Part 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Part

5--Consequential amendments if the main

amendments in Schedule

1 commence

before the NSLAB (No. 2) Act

Ombudsman Act 1976

16 After paragraph 5(2)(d)

Insert:

(f) action taken by:

(i) the ACIC; or

(ii) the part of the Department of Home Affairs prescribed

by the regulations; or

Schedule 2

Contingent amendments

Part 6

Consequential amendments commencing after the NSLAB (No. 2) Act if the

main amendments in Schedule 1 commence before the NSLAB (No. 2) Act

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Part

6--Consequential amendments commencing

after the NSLAB (No. 2) Act if the main

amendments in Schedule

1 commence

before the NSLAB (No. 2) Act

Ombudsman Act 1976

17 Before subparagraph 5(2)(e)(i)

Insert:

(ia) the ACIC;

18 Subparagraph 5(2)(e)(vi)

Repeal the subparagraph, substitute:

(vi) the Office of National Intelligence;

(vii) the part of the Department of Home Affairs prescribed

by the regulations; or

19 Paragraph 5(2)(f)

Repeal the paragraph.

Review of access to ACIC criminal intelligence assessment records under the archives

law

Schedule 3

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Schedule

3--Review of access to ACIC

criminal intelligence assessment

records under the archives law

Administrative Appeals Tribunal Act 1975

1 Subsection 3(1)

Insert:

ACIC

means the agency known as the Australian Criminal

Intelligence Commission established by

the

Australian Crime

Commission Act 2002

2 Subsection 3(1) (at the end of the definition of

exempt

security record

)

Add:

; or (c) for the purposes of a proceeding relating to an application

under section 43 of the

Archives Act

1983

to review a

decision in respect of access to a record of the ACIC relating

to a criminal intelligence assessment (within the meaning of

Division 2A of Part II of the

Australian Crime Commission

Act 2002

)

the record.

Note:

For procedural requirements relating to applications made to the

Tribunal in respect of adverse criminal intelligence assessments

under section 36F of the

Australian Crime Commission Act 2002

see Subdivision C of Division 2A of Part II of that Act.

3 After subsection 19F(3)

Insert:

(3A) If the proceeding relates to a record referred to in paragraph (c) of

the definition of

exempt security record

, a presidential member

must not participate in the proceeding if the presidential member is

or has been a member of the staff of the ACC (within the meaning

of the

Australian Crime Commission Act 2002

Schedule 3

Review of access to ACIC criminal intelligence assessment records under

the archives law

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

4 Application of amendments

The amendments of sections 3 and 19F of the

Administrative Appeals

Tribunal Act 1975

made by this Schedule apply in relation to a

proceeding for the review of a decision made on or after the

commencement of this item.

Liability for certain computer-related acts

Schedule 4

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Schedule

4--Liability for certain

computer

related acts

Criminal Code Act 1995

1 Subsection 476.1(1) of the

Criminal Code

Insert:

civil or criminal liability

means any civil or criminal liability

(whether under this Part, under another law or otherwise).

computer-related act, event, circumstance or result

means an act,

event, circumstance or result involving:

(a) the reliability, security or operation of a computer; or

(b) access to, or modification of, data held in a computer or on a

data storage device; or

(d) the reliability, security or operation of any data held in or on

a computer, computer disk, credit card, or other data storage

device; or

(e) possession or control of data held in a computer or on a data

storage device; or

(f) producing, supplying or obtaining data held in a computer or

on a data storage device.

2 Subsection 476.4(2) of the

Criminal Code

Omit "section

476.6", substitute "sections

476.6 and 476.7".

3 Subsection 476.6(10) of the

Criminal Code

Repeal the following definitions:

(a) definition of

civil or criminal liability

;

(b) definition of

computer-related act, event, circumstance or

result

4 At the end of Division 476 of the

Criminal Code

Add:

Schedule 4

Liability for certain computer-related acts

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

476.7 Liability for certain acts

defence officials

(1) A defence official (within the meaning of subsection (8)) is not

subject to any civil or criminal liability for engaging in conduct

inside or outside Australia if:

(a) the conduct is engaged in on the reasonable belief that it is

likely to cause a computer-related act, event, circumstance or

result to take place outside Australia (whether or not it in fact

takes place outside Australia); and

(b) the conduct is engaged in in the proper performance of

authorised ADF activities.

(2) A person is not subject to any civil or criminal liability for

engaging in conduct inside or outside Australia if:

(a) the conduct is preparatory to, in support of, or otherwise

directly connected with, authorised ADF activities outside

Australia; and

(b) the conduct:

(i) taken together with a computer-related act, event,

circumstance or result that took place, or was intended

to take place, outside Australia, could amount to an

offence; but

(ii) in the absence of that computer-related act, event,

circumstance or result, would not amount to an offence;

and

authorised ADF activities.

(3) Subsection (2) is not intended to permit any conduct in relation to

premises, persons, computers, things, or carriage services in

Australia, being:

(a) conduct which ASIO could not engage in without a Minister

authorising it by warrant issued under Division 2 of Part III

of the

Australian Security Intelligence Organisation Act 1979

or under Part 2-2 of the

Telecommunications (Interception

and Access) Act 1979

; or

(b) conduct engaged in to obtain information that ASIO could

not obtain other than in accordance with Division 3 of

Part 4-1 of the

Telecommunications (Interception and

Access) Act 1979

Liability for certain computer-related acts

Schedule 4

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

(4) Subsections (1) and (2) have effect despite anything in a law of the

Commonwealth or of a State or Territory, whether passed or made

before or after the commencement of this subsection, unless the

law expressly provides otherwise.

(5) Subsection (4) does not affect the operation of subsection (3).

Requirement to give notice of conduct

(6) If:

(a) a person engages in conduct referred to in subsection (1) or

(2); and

(b) the conduct causes material damage, material interference or

material obstruction to a computer (within the meaning of

section 4 of the

Australian Security Intelligence Organisation

Act 1979

) in Australia; and

against this Part;

then the person must, as soon as practicable, give a written notice

of that fact to:

(d) the Chief of the Defence Force; and

(e) if the person is not under the command of the Chief of the

Defence Force

the Secretary of the Defence Department.

(7) The notice must also provide details about the conduct that caused

the damage, interference or obstruction to the computer.

Definitions

(8) In this section:

authorised ADF activity

means an activity, or an activity included

in a class of activities, of the Australian Defence Force that is:

(a) authorised by the Chief of the Defence Force; and

(b) connected with the defence or security of Australia.

defence official

means:

(a) a member of the Australian Defence Force; or

(b) a defence civilian (within the meaning of the

Defence Force

Discipline Act 1982

); or

Schedule 4

Liability for certain computer-related acts

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(d) an APS employee of the Defence Department; or

(e) a consultant or contractor to the Defence Department; or

(f) a person who is made available by another Commonwealth

or State authority or other person to perform services for the

Defence Department; or

(g) any other person included in a class of persons specified

under subsection (9).

(9) The Secretary of the Defence Department or the Chief of the

Defence Force may, by legislative instrument, specify one or more

classes of persons for the purposes of paragraph (g) of the

definition of

defence official

in subsection (8).

Note:

For specification by class, see subsection 13(3) of the

Legislation Act

2003

Delegation

(10) The Secretary of the Defence Department may, in writing, delegate

the Secretary's power under

subsection (9) to an SES employee in

the Defence Department.

(11) The Chief of the Defence Force may, in writing, delegate the

Chief's power under

subsection (9) to:

(a) an officer of the Australian Navy who holds the rank of

Commodore or a higher rank; or

(b) an officer of the Australian Army who holds the rank of

Brigadier or a higher rank; or

Air Commodore or a higher rank.

5 Application provision

The amendments made by this Part apply in relation to conduct engaged

in on or after the commencement of this item.

Application and transitional provisions for Schedules 1 and 2

Schedule 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Schedule

5--Application and transitional

provisions for Schedules

1 and 2

1 Application

amendments of the

Inspector-General of

Intelligence and Security Act 1986

and the

Office of

National Intelligence Act 2018

in Part 1 of Schedule 1

General application provision

(1)

The amendments of the

Inspector-General of Intelligence and Security

Act 1986

, made by Part 1 of Schedule 1 to this Act, apply (subject to

this item) in relation to:

(a) inquiries under that Act commenced after the commencement

of that Part (whether in response to a complaint, a request or

on the Inspector-

General of Intelligence and Security's own

motion); and

(b) complaints made to the Inspector-General before the

commencement of that Part if:

(i) the Inspector-General has not completed any

preliminary inquiries under section 14 of that Act before

that time; or

(ii) the Inspector-General has not made a decision on

whether to commence an inquiry before that time; or

(iii) at least part of the complaint relates to functions of the

Inspector-General before that time; and

period of 12 months after, the commencement of that Part

that are transferred to the Inspector-General under item 4 of

this Schedule;

whether the action to which the inquiry relates was taken before or after

that commencement.

(2)

Subitem (1) does not relate to a disclosure of information which has

been allocated under section 43 of the

Public Interest Disclosure Act

2013

before that commencement.

Schedule 5

Application and transitional provisions for Schedules 1 and 2

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Information sharing

(3)

Section 32AFA of the

Inspector-General of Intelligence and Security

Act 1986

, as inserted by Part 1 of Schedule 1 to this Act, applies in

relation to the disclosure of examination material after the

commencement of that Part (whether the material was created or

obtained before or after that commencement).

Obtaining reports

(4)

The amendments of section 32A of the

Inspector-General of

Intelligence and Security Act 1986

, made by Part 1 of Schedule 1 to this

Act, apply in relation to reports given on or after the commencement of

that Part.

Giving directions and guidelines

(5)

The amendments of section 32B of the

Inspector-General of

Intelligence and Security Act 1986

, made by Part 1 of Schedule 1 to this

Act, apply in relation to any direction or guideline that is:

(a) given after the commencement of that Part; or

(b) in force immediately before that commencement.

Briefing the PJCIS

(6)

Section 32C of the

Inspector-General of Intelligence and Security Act

1986

and section 18A of the

Office of National Intelligence Act 2018

, as

inserted by Part 1 of Schedule 1 to this Act, apply from the first

1 January after that Part commences.

2 Application

amendments of the

Intelligence Services Act

2001

in Part 1 of Schedule 1

General application provision

(1)

The amendments of the

Intelligence Services Act 2001

, made by Part 1

of Schedule 1 to this Act, apply (subject to this item) in relation to the

performance of any functions by ACIC, AFP, AUSTRAC and the

Department of Home Affairs after the commencement of that Part.

Application and transitional provisions for Schedules 1 and 2

Schedule 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Administration and expenditure

(2)

The amendments of paragraph 29(1)(a) of the

Intelligence Services Act

2001

, made by Part 1 of Schedule 1 to this Act, apply in relation to the

first financial year that ends after the commencement of that Part.

PJCIS request function

(3)

Subsection 29(2A) of the

Intelligence Services Act 2001

, as inserted by

Part 1 of Schedule 1 to this Act, applies in relation to activities of an

agency occurring before or after the commencement of that Part.

Reports to Parliament

(4)

The amendments of clause 7 of Schedule 1 to the

Intelligence Services

Act 2001

, made by Part 1 of Schedule 1 to this Act, apply in relation to

any report presented to a House of the Parliament after the

commencement of that Part (whether in relation to information obtained

before or after that commencement).

PJCIS meetings and subcommittees

(5)

The amendments of Schedule 1 to the

Intelligence Services Act 2001

made by Part 1 of Schedule 1 to this Act (except clause 7), apply in

relation to:

(a) any meeting conducted by the Parliamentary Joint

Committee on Intelligence and Security after the

commencement of that Part; and

(b) subcommittees of the Parliamentary Joint Committee on

Intelligence and Security after the commencement of that

Part, whether the subcommittee was established before or

after that commencement.

3 Application

amendments of the

Parliamentary Joint

Committee on Law Enforcement Act 2010

in Part 1 of

Schedule 1

The amendments of section 10 of the

Parliamentary Joint Committee

on Law Enforcement Act 2010

, made by Part 1 of Schedule 1 to this

Act, apply in relation to the calendar year during which the

commencement of that Part occurs, such that the Ombudsman and the

Inspector-General of Intelligence and Security must brief the

Schedule 5

Application and transitional provisions for Schedules 1 and 2

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Committee about the involvement of the ACC in controlled operations,

as it relates to the Ombudsman's or Ins

pector-

General's functions that

year.

4 Application of amendments in Part 2 of Schedule 1 and in

Schedule 2

General application

use and disclosure of information

(1)

The amendments made by Part 2 of Schedule 1 to this Act apply

(subject to this item) in relation to the making, disclosing or using

(however described) of information, documents or records (however

described) after the commencement of that Part (whether the

information, documents or records were obtained before or after that

time).

ACIC functions

(2)

The amendments of section 19A of the

Australian Crime Commission

Act 2002

, made by Part 2 of Schedule 1 to this Act,

apply in relation to

requests made after the commencement of that Part.

(3)

The amendments of subsections 25A(4) to (4C) of the

Australian Crime

Commission Act 2002

, made by Part 2 of Schedule 1 to this Act, apply

in relation to examinations conducted after the commencement of that

Part.

(4)

Subsection 25A(14B) of the

Australian Crime Commission Act 2002

, as

inserted by Part 2 of Schedule 1 to this Act, applies in relation to uses or

disclosures of examination material after the commencement of that

Part (whether the material was created or obtained before or after that

commencement).

(5)

Despite the repeal of paragraphs 29B(2)(f) and (4)(d) of the

Australian

Crime Commission Act 2002

by Part 2 of Schedule 1 to this Act, those

paragraphs continue to apply in relation to disclosures made during the

period of 12 months beginning at the commencement of that Part.

AHRC functions

(6)

The amendments of the

Australian Human Rights Commission Act

1986

made by Part 2 of Schedule 1 to this Act, apply in relation to an

act or practice that occurs after the commencement of that Part.

Application and transitional provisions for Schedules 1 and 2

Schedule 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

Reporting

(7)

The amendments of sections 3ZZVL, 3ZZVM, 3ZZVN, 3ZZVR,

3ZZVS and 3ZZVU of the

Crimes Act 1914

, made by Part 2 of

Schedule 1 to this Act, apply from the first 30 June that occurs after the

commencement of that Part.

(8)

The amendments of Part IAB of the

Crimes Act 1914

(except

sections 15HK and 15HW), made by Part 2 of Schedule 1 to this Act,

apply from the first 30 June that occurs after the commencement of that

Part.

Ombudsman functions

(9)

The amendments of the

Ombudsman Act 1976

made by Part 2 of

Schedule 1, or Part 4, 5 or 6 of Schedule 2, to this Act, apply (subject to

this item) in relation to:

(a) inquiries under that Act commenced after the commencement

of that Part; and

(b) complaints made to the Ombudsman before the

commencement of that Part if:

(i) the Ombudsman has not completed any preliminary

inquiries under section 7A of that Act before that time;

(ii) the Ombudsman has not made a decision on whether to

commence an inquiry before that time;

whether the action to which the inquiry relates was taken before or after

that commencement.

Note:

Under item 5 of this Schedule, the Ombudsman may transfer complaints to the

Inspector-General of Intelligence and Security after the commencement of Parts 1 and 2

of Schedule 1 to this Act.

(10)

Subitem (9) does not relate to a disclosure of information which has

been allocated under section 43 of the

Public Interest Disclosure Act

2013

before that commencement.

Public interest disclosures

(11)

The amendments of the

Public Interest Disclosure Act 2013

made by

Part 2, 4 or 5 of Schedule 1 apply in relation to public interest

disclosures made after the commencement of that Part (whether in

relation to conduct that occurred before or after that commencement).

Schedule 5

Application and transitional provisions for Schedules 1 and 2

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

Notifications and inspections

(12)

The amendments of the

Surveillance Devices Act 2004

, made by Part 2

of Schedule 1 to this Act, apply in relation to:

(a) warrants issued after the commencement of that Part; and

(b) warrants issued before the commencement of that Part if:

(i) no notification has been given, in relation to the issue of

the warrant, by that commencement; or

(ii) a thing is done under the warrant before or after that

commencement, and no notification has been given, by

that commencement.

(13)

The amendments of the

Telecommunications Act 1997

, made by Part 2

of Schedule 1 to this Act, apply in relation to:

(a) requests or notices given, or declarations made, after the

commencement of that Part; and

(b) requests or notices given, or declarations made, before the

commencement of that Part if:

(i) no notification has been given, in relation to the giving

of the request or notice or making of the declaration, by

that commencement; or

(ii) the request or notice is extended, varied or revoked

before or after that commencement, and no notification

has been given, by that commencement; and

was issued before or after the commencement of that Part.

(14)

The amendments of the

Telecommunications (Interception and Access)

Act 1979

, made by Part 2 of Schedule 1 to this Act, apply in relation to:

(a) warrants or orders issued after the commencement of that

Part; and

(b) warrants or orders issued before the commencement of that

Part if:

(i) no notification has been given, in relation to the issue of

the warrant, by that commencement; and

(ii) a condition, restriction or provision relating to the

warrant is contravened before or after that

commencement, and no notification has been given, by

that commencement.

Application and transitional provisions for Schedules 1 and 2

Schedule 5

No. , 2023

Intelligence Services Legislation Amendment Bill 2023

5 Transitional arrangements

transfer of complaints from the

Ombudsman to the IGIS

(1)

This item applies in relation to a complaint, or part of a complaint, if the

complaint, or part of the complaint:

(a) was received by the Ombudsman before, or within the period

of 18 months after, the commencement of Parts 1 and 2 of

Schedule 1 to this Act; and

(b) relates to action taken by ACIC; and

(d) could, in the opinion of the Ombudsman, be more

appropriately or effectively dealt with by the

Inspector-General of Intelligence and Security.

(2)

The Ombudsman must transfer the complaint, or part of the complaint,

to the Inspector-General of Intelligence and Security.

Note:

A complaint, or part of a complaint, transferred under this item is taken to have been

made to the Inspector-General under the

Inspector-General of Intelligence and Security

Act 1986

(see section 32AH of that Act).

(3)

The Ombudsman must transfer any information and documents relating

to the complaint in accordance with section 35AB of the

Ombudsman

Act 1976

6 Transitional arrangements

information sharing

Section 32AF of the

Inspector-General of Intelligence and Security Act

1986

and sections 35 and 35AB of the

Ombudsman Act 1976

apply, for

a period of 18 months beginning at the commencement of Parts 1 and 2

of Schedule 1 to this Act, as if the amendments to the

Ombudsman Act

1976

in Part 2 of Schedule 1, and Parts 4, 5 and 6 of Schedule 2 (as

applicable), had not been made.

7 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to the amendments or repeals made by

this Act.

(2)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

Schedule 5

Application and transitional provisions for Schedules 1 and 2

Intelligence Services Legislation Amendment Bill 2023

No. , 2023

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(3)

This Schedule (other than subitem (2)) does not limit the rules that may

be made under this item.

Commonwealth of Australia Bills

INTELLIGENCE SERVICES LEGISLATION AMENDMENT BILL 2023