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2002 – 2003 –
2004
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
INTELLIGENCE
SERVICES AMENDMENT BILL 2003
Amendments and New Clauses to
be Moved on Behalf of the
Government
(Circulated by authority
of the Honourable Alexander Downer MP, Minister for Foreign Affairs)
The Parliamentary Joint Committee on ASIO, ASIS and DSD (PJC) reviewed the Intelligence Services Amendment Bill 2003. These amendments to the Bill are being brought forward in response to the PJC’s report. The amendments affect primarily the oversight and accountability mechanisms of the Intelligence Services Amendment Bill 2003.
The PJC recommended that the Bill be amended to include a provision setting out oversight mechanisms for the initial approval of operations and for subsequent reporting to enable review and accountability. The amendment to the Bill implements this recommendation by requiring ASIS to include details of any cooperation with an authority of another country in planning or undertaking activities covered by paragraphs 6(4)(a) to (c) in ASIS’s annual report to the Minister.
The PJC noted the Bill would enable ASIS to accompany an authority approved under section 13 of the Intelligence Services Act 2001 on activities which may involve the use of force by that authority, while ASIS itself would be prohibited from engaging in violence except in self-defence. The PJC suggested that the approvals process, prior to the planning or undertaking of activities with authorities that may include the use of force, be expanded to include the Prime Minister and Attorney-General. The amendment to the Bill implements this recommendation.
The Bill permits the relevant Minister to approve the provision of a weapon, or training in the use of a weapon or in self-defence techniques, to: a specified staff member or agent of ASIS; or, the holder of a specified position in ASIS. The Bill also requires the approval for the provision of the weapon or training to set out any conditions that must be complied with in relation to the provision of the weapon or training. In line with the PJC recommendation, it is proposed to amend the Bill to require the approval for the provision of the weapon or training to include the kind or class of weapon involved.
The Inspector-General of Intelligence and Security conducts
routine inspections of ASIS activities and reports annually to Parliament and
publicly. The PJC found the Bill contained no provision for ASIS to report to
the Inspector-General of Intelligence and Security on operational incidents,
with the potential to embarrass Australia. The amendment to the Bill addresses
this recommendation.
FINANCIAL IMPACT
STATEMENT
It is not expected that the
amendments to the Bill will have a direct financial
impact.
NOTES ON
CLAUSES
Item 1: New subclause
13(1A)
This item inserts subclause 13(1A) in
response to recommendation 1 from the PJC report. It strengthens the approvals
process, by requiring that prior to the Minister giving an approval for ASIS to
cooperate with an authority of another country in relation to planning or
undertaking activities covered by paragraphs 6(4)(a) to (c), the Minister must
consult with the Prime Minister and
Attorney-General.
Item 2: New subclause
42(2)
This item responds to recommendation 1of the
PJC report. It inserts a new subclause requiring ASIS to report on the number
of occasions and broad nature of cooperation with an authority of another
country, in which that authority was involved in the planning or undertaking
activities covered by paragraphs 6(4)(a) to
(c).
Item 3: Replacement of subclause 1(4) of
Schedule 2
This item replaces subclause (4) in
response to recommendation 3 of the PJC report. The PJC recommended the Bill be
amended to include a requirement that if the Minister gives an approval to issue
a weapon it specify the specific types of weapons to be used. This item
substitutes subclause (4) and inserts the requirement for the approval for the
provision of a weapon or training in the use of a weapon to specify the kind of
class of weapon involved.
Item 4: New clause
3 of Schedule 2
This item responds to
recommendation 7 of the PJC report. It inserts a new clause will requiring the
Director-General of ASIS to give to the Inspector-General of Intelligence and
Security a written report on the discharge of a weapon used by a staff member or
agent of ASIS for the purposes mentioned in any of subparagraphs 1(1)(b)(i) to
(iii).