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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL SECURITY LEGISLATION MONITOR BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Security Legislation Monitor
Bill 2009
No. , 2009
(Cabinet Secretary)
A Bill for an Act to provide for the appointment of
a National Security Legislation Monitor, and for
related purposes
i National Security Legislation Monitor Bill 2009 No. , 2009
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Object.................................................................................................. 2
4
Definitions .......................................................................................... 2
Part 2--National Security Legislation Monitor
6
Division 1--Establishment, functions and powers of National
Security Legislation Monitor
6
5
National Security Legislation Monitor ............................................... 6
6
Functions of the National Security Legislation Monitor .................... 6
7
References to the National Security Legislation Monitor .................. 7
8
Regard to be had to international obligations and
constitutional arrangements ................................................................ 7
9
Emphasis to be given to counter-terrorism and national
security legislation that has been applied or considered
recently ............................................................................................... 7
10
Consultation with agencies etc. .......................................................... 8
Division 2--Appointment of National Security Legislation
Monitor
9
11
Appointment ....................................................................................... 9
12
Term of appointment .......................................................................... 9
13
Remuneration and allowances ............................................................ 9
14
Leave of absence............................................................................... 10
15
Outside employment ......................................................................... 10
16
Disclosure of interests to the Prime Minister ................................... 10
17
Other terms and conditions ............................................................... 10
18
Resignation ....................................................................................... 10
19
Termination of appointment ............................................................. 11
20
Acting National Security Legislation Monitor ................................. 11
Part 3--Information gathering powers
13
21
National Security Legislation Monitor may hold hearings............... 13
22
National Security Legislation Monitor may summon person........... 13
23
Evidence on oath or by affirmation .................................................. 14
24
National Security Legislation Monitor may request
production of a document or thing.................................................... 14
25
Offences ............................................................................................ 15
26
No criminal or civil liability under secrecy provisions .................... 16
National Security Legislation Monitor Bill 2009 No. , 2009 ii
27
National Security Legislation Monitor may retain documents
or things ............................................................................................ 17
28
Protection of information and documents......................................... 17
Part 4--Reporting require ments
18
29
Annual report .................................................................................... 18
30
Report on a reference........................................................................ 19
Part 5--Miscellaneous
20
31
Immunity from legal action .............................................................. 20
32
Regulations ....................................................................................... 20
National Security Legislation Monitor Bill 2009 No. , 2009 1
A Bill for an Act to provide for the appointment of
1
a National Security Legislation Monitor, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the National Security Legislation Monitor
8
Act 2009.
9
Part 1 Preliminary
Section 2
2 National Security Legislation Monitor Bill 2009 No. , 2009
2 Commence ment
1
This Act commences on the day after it receives the Royal Assent.
2
3 Object
3
The object of this Act is to appoint a National Security Legislation
4
Monitor who will assist Ministers in ensuring that Australia's
5
counter-terrorism and national security legislation:
6
(a) is effective in deterring and preventing terrorism and
7
terrorism-related activity which threatens Australia's
8
security; and
9
(b) is effective in responding to terrorism and terrorism-related
10
activity; and
11
(c) is consistent with Australia's international obligations,
12
including human rights obligations; and
13
(d) contains appropriate safeguards for protecting the rights of
14
individuals.
15
4 Definitions
16
In this Act:
17
counter-terrorism and national security legislation means the
18
following provisions of Commonwealth law:
19
(a) Division 3 of Part III of the Australian Security Intelligence
20
Organisation Act 1979 and any other provision of that Act as
21
far as it relates to that Division;
22
(b) Part 4 of the Charter of the United Nations Act 1945 and any
23
other provision of that Act as far as it relates to that Part;
24
(c) the following provisions of the Crimes Act 1914:
25
(i) Division 3A of Part IAA and any other provision of that
26
Act as far as it relates to that Division;
27
(ii) sections 15AA and 19AG and any other provision of
28
that Act as far as it relates to those sections;
29
(iii) Part IC, to the extent that the provisions of that Part
30
relate to the investigation of terrorism offences (within
31
the meaning of that Act), and any other provision of that
32
Act as far as it relates to that Part;
33
Preliminary Part 1
Section 4
National Security Legislation Monitor Bill 2009 No. , 2009 3
(d) Chapter 5 of the Criminal Code and any other provision of
1
that Act as far as it relates to that Chapter;
2
(e) Part IIIAAA of the Defence Act 1903 and any other provision
3
of that Act as far as it relates to that Part;
4
(f) the National Security Information (Criminal and Civil
5
Proceedings) Act 2004.
6
head means:
7
(a) in relation to the Australian Federal Police--the
8
Commissioner of Police; or
9
(b) in relation to the Australian Crime Commission--the Chief
10
Executive Officer of the Australian Crime Commission; or
11
(c) in relation to Customs--the Chief Executive Officer of
12
Customs; or
13
(d) in relation to the Australian Security Intelligence
14
Organisation--the Director-General of Security; or
15
(e) in relation to the Australian Secret Intelligence Service--the
16
Director-General of the Australian Secret Intelligence
17
Service; or
18
(f) in relation to the part of the Department of Defence known as
19
the Defence Imagery and Geospatial Organisation--the
20
Director of that part of the Department; or
21
(g) in relation to the part of the Department of Defence known as
22
the Defence Intelligence Organisation--the Director of that
23
part of the Department; or
24
(h) in relation to the part of the Department of Defence known as
25
the Defence Signals Directorate--the Director of that part of
26
the Department; or
27
(i) in relation to any other part of the Department of Defence--
28
the Chief of the Defence Force and the Secretary of the
29
Department; or
30
(j) in relation to the Office of National Assessments established
31
by the Office of National Assessments Act 1977--the
32
Director-General of the Office of National Assessments; or
33
(k) in relation to any other Commonwealth government agency:
34
(i) in the case of a Department of the Commonwealth--the
35
Secretary of the Department; or
36
Part 1 Preliminary
Section 4
4 National Security Legislation Monitor Bill 2009 No. , 2009
(ii) in the case of a body established for a public purpose--
1
the person holding, or performing the duties of, the
2
principal office in respect of the body; or
3
(l) in relation to a State or Territory government agency--the
4
person holding, or performing the duties of, the principal
5
office in respect of the agency.
6
law enforcement or security agency means any of the following
7
agencies:
8
(a) the Australian Federal Police;
9
(b) the Australian Crime Commission;
10
(c) Customs;
11
(d) the Australian Security Intelligence Organisation;
12
(e) the Australian Secret Intelligence Service;
13
(f) the Australian Defence Force;
14
(g) the part of the Department of Defence known as the Defence
15
Imagery and Geospatial Organisation;
16
(h) the part of the Department of Defence known as the Defence
17
Intelligence Organisation;
18
(i) the part of the Department of Defence known as the Defence
19
Signals Directorate;
20
(j) the Office of National Assessments established by the Office
21
of National Assessments Act 1977;
22
(k) the police force of a State or Territory;
23
(l) any other agency prescribed by the regulations for the
24
purposes of this definition.
25
National Security Legislation Monitor means the person
26
appointed in accordance with section 11.
27
operationally sensitive information means:
28
(a) information about information sources or operational
29
activities or methods available to a law enforcement or
30
security agency; or
31
(b) information about particular operations that have been, are
32
being or are proposed to be undertaken by a law enforcement
33
or security agency, or about proceedings relating to those
34
operations; or
35
Preliminary Part 1
Section 4
National Security Legislation Monitor Bill 2009 No. , 2009 5
(c) information provided by a foreign government, or by an
1
agency of a foreign government, where that government does
2
not consent to the public disclosure of the information.
3
responsible Minister, in relation to a review of a matter, means the
4
Minister (including a State or Territory Minister) responsible for
5
the agency concerned in relation to the matter.
6
secrecy provision means:
7
(a) a provision of a law of the Commonwealth, of a State or of a
8
Territory, being a provision that purports to prohibit; or
9
(b) anything done, under a provision of a law of the
10
Commonwealth, of a State or of a Territory, to prohibit;
11
the communication, divulging or publication of information, the
12
production of, or the publication of the contents of, a document, or
13
the production of a thing.
14
15
Part 2 National Security Legislation Monitor
Division 1 Establish ment, functions and powers of National Security Legislation
Monitor
Section 5
6 National Security Legislation Monitor Bill 2009 No. , 2009
Part 2--National Security Legislation Monitor
1
Division 1--Establishment, functions and powers of
2
National Security Legislation Monitor
3
5 National Security Legislation Monitor
4
There is to be a National Security Legislation Monitor.
5
6 Functions of the National Security Legislation Monitor
6
(1) The National Security Legislation Monitor has the following
7
functions:
8
(a) to review the operation, effectiveness and implications of:
9
(i) Australia's counter-terrorism and national security
10
legislation; and
11
(ii) any other law of the Commonwealth to the extent that it
12
relates to Australia's counter-terrorism and national
13
security legislation;
14
(b) to consider whether Australia's counter-terrorism and
15
national security legislation:
16
(i) contains appropriate safeguards for protecting the rights
17
of individuals; and
18
(ii) remains necessary;
19
(c) if a matter relating to counter-terrorism or national security is
20
referred to the Monitor by the Prime Minister--to report on
21
the reference.
22
(2) To avoid doubt, the following are not functions of the National
23
Security Legislation Monitor:
24
(a) to review the priorities of, and use of resources by, agencies
25
that have functions relating to, or are involved in the
26
implementation of, Australia's counter-terrorism and national
27
security legislation;
28
(b) to consider any individual complaints about the activities of
29
Commonwealth agencies that have functions relating to, or
30
are involved in the implementation of, Australia's
31
counter-terrorism and national security legislation.
32
National Security Leg islation Monitor Part 2
Establishment, functions and powers of National Security Leg islation Monitor Division
1
Section 7
National Security Legislation Monitor Bill 2009 No. , 2009 7
(3) The National Security Legislation Monitor has the power to do all
1
things necessary or convenient to be done for or in connection with
2
the performance of the Monitor's functions.
3
7 References to the National Security Legislation Monitor
4
(1) The Prime Minister may refer a matter relating to counter-terrorism
5
or national security to the National Security Legislation Monitor,
6
either at the Monitor's suggestion or on his or her own initiative.
7
(2) The Prime Minister may alter the terms of a reference.
8
(3) The Prime Minister may give the National Security Legislation
9
Monitor directions about the order in which he or she is to deal
10
with references.
11
8 Regard to be had to international obligations and constitutional
12
arrange ments
13
When performing the National Security Legislation Monitor's
14
functions, the Monitor must have regard to:
15
(a) Australia's obligations under international agreements (as in
16
force from time to time); and
17
(b) arrangements agreed from time to time between the
18
Commonwealth, the States and the Territories to ensure a
19
national approach to countering terrorism.
20
9 Emphasis to be given to counter-terrorism and national security
21
legislation that has been applied or considered recently
22
When performing functions relating to Australia's
23
counter-terrorism and national security legislation in a particular
24
financial year, the National Security Legislation Monitor must give
25
particular emphasis to provisions of that legislation that have been
26
applied, considered or purportedly applied by employees of
27
agencies that have functions relating to, or are involved in the
28
implementation of, that legislation during that financial year or the
29
immediately preceding financial year.
30
Part 2 National Security Legislation Monitor
Division 1 Establish ment, functions and powers of National Security Legislation
Monitor
Section 10
8 National Security Legislation Monitor Bill 2009 No. , 2009
10 Consultation with agencies etc.
1
(1) When performing functions relating to Australia's
2
counter-terrorism and national security legislation, the National
3
Security Legislation Monitor must have regard to:
4
(a) the functions of agencies that have functions relating to, or
5
are involved in the implementation of, that legislation; and
6
(b) functions relating to that legislation that are conferred on a
7
person who holds any office or appointment under a law of
8
the Commonwealth or of a State or Territory.
9
(2) When performing functions relating to Australia's
10
counter-terrorism and national security legislation, the Nationa l
11
Security Legislation Monitor may consult with:
12
(a) the head of any relevant agency (of a kind mentioned in
13
paragraph (1)(a)); or
14
(b) the Ombudsman; or
15
(c) the Inspector-General of Intelligence and Security; or
16
(d) a person mentioned in paragraph (1)(b);
17
as the Monitor considers necessary.
18
19
National Security Leg islation Monitor Part 2
Appointment of National Security Leg islation Monitor Division 2
Section 11
National Security Legislation Monitor Bill 2009 No. , 2009 9
Division 2--Appointment of National Security Legislation
1
Monitor
2
11 Appointment
3
(1) The National Security Legislation Monitor is to be appointed by
4
the Governor-General by written instrument, on a part-time basis.
5
(2) Before a recommendation is made to the Governor-General for the
6
appointment of a person as the National Security Legislation
7
Monitor, the Prime Minister must consult with the Leader of the
8
Opposition in the House of Representatives.
9
(3) A person must not be appointed as the National Security
10
Legislation Monitor unless the person is, in the
11
Governor-General's opinion, suitable for appointment because of
12
the person's qualifications, training or experience.
13
(4) A person's appointment as the National Security Legislation
14
Monitor is not invalid because of a defect or irregularity in
15
connection with the person's appointment.
16
12 Term of appointment
17
(1) The National Security Legislation Monitor holds office for the
18
period specified in the instrument of appointment. The period must
19
not exceed 3 years.
20
(2) The National Security Legislation Monitor is eligible for
21
reappointment once only.
22
13 Remuneration and allowances
23
(1) The National Security Legislation Monitor is to be paid such
24
remuneration as is determined by the Remuneration Tribunal. If no
25
determination of that remuneration is in operation, the Monitor is
26
to be paid such remuneration as is prescribed by the regulations.
27
(2) The National Security Legislation Monitor is to be paid the
28
allowances that are prescribed by the regulations.
29
Part 2 National Security Legislation Monitor
Division 2 Appointment of National Security Legislation Monitor
Section 14
10 National Security Legislation Monitor Bill 2009 No. , 2009
(3) This section has effect subject to the Remuneration Tribunal Act
1
1973.
2
14 Leave of absence
3
The Prime Minister may grant leave of absence to the National
4
Security Legislation Monitor on the terms and conditions that the
5
Governor-General determines in writing.
6
15 Outside employme nt
7
The National Security Legislation Monitor must not engage in any
8
paid employment that conflicts or may conflict with the proper
9
performance of his or her duties without the Prime Minister's
10
written consent.
11
16 Disclosure of interests to the Prime Minister
12
The National Security Legislation Monitor must give written notice
13
to the Prime Minister of all interests, pecuniary or otherwise, that
14
the Monitor has or acquires and that conflict or could conflict with
15
the proper performance of his or her functions.
16
17 Other terms and conditions
17
The National Security Legislation Monitor holds office on such
18
terms and conditions (if any) in relation to matters not provided for
19
by this Act as are determined, in writing, by the Governor-General.
20
18 Resignation
21
(1) The National Security Legislation Monitor may resign by giving to
22
the Governor-General a signed notice of resignation.
23
(2) The resignation takes effect on the day on which it is received by
24
the Governor-General or, if a later day is specified in the
25
resignation, on that later day.
26
National Security Leg islation Monitor Part 2
Appointment of National Security Leg islation Monitor Division 2
Section 19
National Security Legislation Monitor Bill 2009 No. , 2009 11
19 Termination of appointment
1
(1) The Governor-General may terminate the appointment of the
2
National Security Legislation Monitor for misbehaviour or
3
physical or mental incapacity.
4
(2) The Governor-General must terminate the appointment of the
5
National Security Legislation Monitor:
6
(a) if the Monitor:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with his or her creditors; or
11
(iv) makes an assignment of his or her remuneration for the
12
benefit of his or her creditors; or
13
(b) if the Monitor fails, without reasonable excuse, to comply
14
with section 16; or
15
(c) if the Monitor engages, except with the Prime Minister's
16
written consent, in paid employment that conflicts or may
17
conflict with the proper performance of the Monitor's duties;
18
or
19
(d) if the Monitor is absent, except on leave of absence granted
20
under section 14, for 7 consecutive days or for 14 days in any
21
12 months.
22
20 Acting National Security Legislation Monitor
23
(1) The Prime Minister may appoint a person to act as the National
24
Security Legislation Monitor:
25
(a) during a vacancy in the office of the Monitor (whether or not
26
an appointment has previously been made to the office); or
27
(b) during a period, or during all periods, when the Monitor:
28
(i) is absent from duty or from Australia; or
29
(ii) is, for any reason, unable to perform the duties of the
30
office;
31
so long as the period, or the total of all periods, is not more
32
than 12 months.
33
Part 2 National Security Legislation Monitor
Division 2 Appointment of National Security Legislation Monitor
Section 20
12 National Security Legislation Monitor Bill 2009 No. , 2009
Note:
A person may not act for more than 12 months: see paragraphs
1
33A(1)(ba) and (c) of the Acts Interpretation Act 1901.
2
(2) Anything done by or in relation to a person purporting to act under
3
an appointment is not invalid merely because:
4
(a) the occasion for the appointment had not arisen; or
5
(b) there is a defect or irregularity in connection with the
6
appointment; or
7
(c) the appointment had ceased to have effect; or
8
(d) the occasion to act had not arisen or had ceased.
9
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
10
11
Information gathering powers Part 3
Section 21
National Security Legislation Monitor Bill 2009 No. , 2009 13
Part 3--Information gathering powers
1
2
21 National Security Legislation Monitor may hold hearings
3
(1) The National Security Legislation Monitor may hold a hearing for
4
the purposes of performing his or her functions under this Act.
5
(2) A hearing, or a part of a hearing:
6
(a) may be held in private if the National Security Legislation
7
Monitor so directs; and
8
(b) must be held in private for any time during which a person is
9
giving evidence that discloses operationally sensitive
10
information.
11
Otherwise, a hearing must be held in public.
12
(3) A hearing may otherwise be conducted in such a manner as the
13
National Security Legislation Monitor thinks fit.
14
(4) The National Security Legislation Monitor must ensure that a
15
record of a hearing is made.
16
(5) A direction given under paragraph (2)(a) is not a legislative
17
instrument.
18
22 National Security Legislation Monitor may summon person
19
(1) The National Security Legislation Monitor may, by notice in
20
writing, summon a person to attend a hearing at a time and place
21
specified in the notice:
22
(a) to give evidence; or
23
(b) to produce documents or things specified in the notice.
24
Note:
Failure to comply with a notice is an offence: see section 25.
25
(2) The notice must:
26
(a) be in writing and be signed by the National Security
27
Legislation Monitor; and
28
(b) be served on the person required to attend a hearing.
29
Part 3 Info rmation gathering powers
Section 23
14 National Security Legislation Monitor Bill 2009 No. , 2009
(3) A time specified in a notice must be at least 14 days after the day
1
on which the notice is given.
2
(4) A person summoned to appear as a witness at a hearing is entitled
3
to be paid by the Commonwealth any allowances for travelling and
4
other expenses that are prescribed by the regulations.
5
23 Evidence on oath or by affirmation
6
(1) At a hearing, the National Security Legislation Monitor may:
7
(a) require a witness to either take an oath or make an
8
affirmation; and
9
(b) administer an oath or affirmation to the witness.
10
Note 1:
Failure to take an oath or make an affirmation is an offence: see
11
section 25.
12
Note 2:
This means that a hearing is a judicial proceeding for the purposes of
13
Part III of the Crimes Act 1914, which creates various offences in
14
relation to judicial proceedings.
15
(2) The oath or affirmation is an oath or affirmation that the evidence
16
the person will give will be true.
17
(3) The National Security Legislation Monitor may allow a person
18
attending a hearing who has been sworn, or who has made an
19
affirmation, to give evidence by tendering a written statement and
20
verifying it by oath or affirmation.
21
24 National Security Legislation Monitor may re quest production of
22
a document or thing
23
(1) For the purposes of performing his or her functions under this Act,
24
the National Security Legislation Monitor may request, by written
25
notice, a person:
26
(a) to give the Monitor the information referred to in the notice;
27
or
28
(b) to produce to the Monitor the documents or things referred to
29
in the notice.
30
Note:
Failure to give the information, or produce the documents or things, is
31
an offence: see section 25.
32
(2) The notice must:
33
Information gathering powers Part 3
Section 25
National Security Legislation Monitor Bill 2009 No. , 2009 15
(a) be in writing; and
1
(b) specify the period within which the person must comply with
2
the notice.
3
(3) The period specified in a notice must end at least 14 days after the
4
day on which the notice is given.
5
25 Offences
6
Failure to attend hearing
7
(1) A person commits an offence if:
8
(a) the person is served with a notice to attend a hearing; and
9
(b) the person fails to attend as required by the notice.
10
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
11
Failure to swear an oath, make an affirmation or answer a
12
question
13
(2) A person commits an offence if:
14
(a) the person is served with a notice to attend a hearing; and
15
(b) either:
16
(i) the person fails to be sworn or to make an affirmation at
17
the hearing; or
18
(ii) the person fails to answer a question at the hearing that
19
the National Security Legislation Monitor requires the
20
person to answer.
21
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
22
Failure to produce a document or thing
23
(3) A person commits an offence if:
24
(a) the person receives a notice to produce a document or thing
25
specified in the notice; and
26
(b) the person fails to produce the document or thing that the
27
person was required to produce.
28
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
29
Part 3 Info rmation gathering powers
Section 26
16 National Security Legislation Monitor Bill 2009 No. , 2009
Failure to provide information
1
(4) A person commits an offence if:
2
(a) the person receives a notice to provide information specified
3
in the notice; and
4
(b) the person fails to provide the information that the person
5
was required to provide.
6
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
7
Exception--reasonable excuse
8
(5) This section does not apply if the person has a reasonable excuse.
9
Note:
A defendant bears an evidential burden in relation to the matter in
10
subsection (5) (see subsection 13.3(3) of the Criminal Code).
11
(6) It is a reasonable excuse for a person to fail to:
12
(a) answer a question; or
13
(b) produce a document or thing; or
14
(c) provide information;
15
on the ground that to do so might tend to incriminate the person or
16
expose the person to a penalty.
17
26 No criminal or civil liability under secrecy provisions
18
A person who is served with a notice under section 22 or 24 does
19
not commit an offence, and is not liable to any penalty, under a
20
secrecy provision because the person:
21
(a) answers a question at a hearing that the National Security
22
Legislation Monitor requires the person to answer; or
23
(b) provides information that the person is required to provide in
24
accordance with the notice; or
25
(c) produces a document or thing that the person is required to
26
produce in accordance with the notice.
27
Information gathering powers Part 3
Section 27
National Security Legislation Monitor Bill 2009 No. , 2009 17
27 National Security Legislation Monitor may retain docume nts or
1
things
2
(1) Subject to section 28, if a document or thing is produced to the
3
National Security Legislation Monitor in accordance with
4
section 22 or 24, the Monitor:
5
(a) may take possession of, and make copies of, the document or
6
thing, or take extracts from the document; and
7
(b) may retain possession of the document or thing for such
8
period as is necessary for the performance of the Monitor's
9
functions under this Act.
10
(2) While the National Security Legislation Monitor retains the
11
document or thing, the Monitor must allow a person who would
12
otherwise be entitled to possession of the document or thing, or a
13
person authorised by that person:
14
(a) reasonable access to the document for the purposes of
15
inspecting and making copies of, or taking extracts from, it;
16
and
17
(b) reasonable access to the thing.
18
28 Protection of information and documents
19
(1) This section applies if documents having a national security
20
classification or containing operationally sensitive information are
21
provided by an agency to the National Security Legislation
22
Monitor.
23
(2) The National Security Legislation Monitor must:
24
(a) make arrangements with the head of the agency for the
25
protection of those documents while they remain in the
26
Monitor's possession; and
27
(b) ensure that the documents are returned to the agency as soon
28
as possible after the Monitor has examined them.
29
30
Part 4 Reporting requirements
Section 29
18 National Security Legislation Monitor Bill 2009 No. , 2009
Part 4--Reporting requirements
1
2
29 Annual report
3
(1) The National Security Legislation Monitor must prepare and give
4
to the Prime Minister a report (an annual report) relating to the
5
performance of the Monitor's functions as set out in paragraphs
6
6(1)(a) and (b).
7
(2) The annual report must be given to the Prime Minister as soon as
8
practicable after 30 June in each financial year and, in any event,
9
by the following 31 December.
10
(3) The annual report must not contain:
11
(a) any operationally sensitive information; or
12
(b) any information that would or might prejudice:
13
(i) Australia's national security or the conduct of
14
Australia's foreign relations; or
15
(ii) the performance by a law enforcement or security
16
agency of its functions; or
17
(c) any information that, if included in the report, would or
18
might endanger a person's safety; or
19
(d) any information obtained from a document prepared for the
20
purposes of a meeting of:
21
(i) the Cabinet, or of a Committee of the Cabinet, of the
22
Commonwealth or of a State; or
23
(ii) the Australian Capital Territory Executive or of a
24
committee of that Executive; or
25
(iii) the Executive Council of the Northern Territory or of a
26
committee of that Executive Council; or
27
(e) any information that would disclose the deliberations or
28
decisions of:
29
(i) the Cabinet, or of a Committee of the Cabinet, of the
30
Commonwealth or of a State; or
31
(ii) the Australian Capital Territory Executive or of a
32
committee of that Executive; or
33
Reporting requirements Part 4
Section 30
National Security Legislation Monitor Bill 2009 No. , 2009 19
(iii) the Executive Council of the Northern Territory or of a
1
committee of that Executive Council.
2
(4) The National Security Legislation Monitor must get the advice of
3
the responsible Minister or responsible Ministers concerned as to
4
whether any part of the annual report contains information referred
5
to in subsection (3).
6
(5) The Prime Minister must present an annual report to each House of
7
the Parliament within 15 sitting days of that House after the day on
8
which he or she receives the report.
9
(6) However, before presenting an annual report to each House of the
10
Parliament, the Prime Minister must be satisfied that the annual
11
report does not contain information referred to in subsection (3).
12
(7) If, because of subsection (3), the National Security Legislation
13
Monitor excludes information from an annual report, the Monitor
14
must prepare and give to the Prime Minister a supplementary
15
report that sets out that information.
16
(8) Section 34C of the Acts Interpretation Act 1901 does not apply in
17
relation to a report given to the Prime Minister under this section.
18
30 Report on a reference
19
(1) The National Security Legislation Monitor must report to the
20
Prime Minister on a reference.
21
(2) The National Security Legislation Monitor may, before giving his
22
or her report on a reference, give an interim report to the Prime
23
Minister on the Monitor's work on the reference.
24
(3) The Prime Minister may, before the National Security Legislation
25
Monitor gives his or her report on a reference, direct the Monitor to
26
give an interim report to the Prime Minister on the Monitor's work
27
on the reference.
28
29
Part 5 Miscellaneous
Section 31
20 National Security Legislation Monitor Bill 2009 No. , 2009
Part 5--Miscellaneous
1
2
31 Immunity from legal action
3
No action, suit or proceeding may be brought against a person who
4
is, or has been, the National Security Legislation Monitor in
5
relation to anything done, or omitted to be done, in good faith by
6
the Monitor:
7
(a) in the performance, or purported performance, of his or her
8
functions; or
9
(b) in the exercise, or purported exercise, or his or her powers.
10
32 Regulations
11
The Governor-General may make regulations prescribing matters:
12
(a) required or permitted by this Act to be prescribed; or
13
(b) necessary or convenient to be prescribed for carrying out or
14
giving effect to this Act.
15