Parliamentary Joint Committee Releases Report On Home Affairs Legislation Amendment Bill
Tuesday 27 February 2018 @ 12.00 p.m. | Crime | Legal Research
The Parliamentary Joint Committee on Intelligence and Security (“the Committee”) has released its Advisory Report on the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 (Cth) (“the Bill”) which is currently being considered in the House of Representatives. The Bill was referred to the Committee by the Prime Minister on 8 December 2017. Submissions were invited from the general public by 22 January 2018. The Committee received 7 submissions and 3 supplementary submissions, and held two public hearings in Canberra on 7 and 9 February 2018.
The Committee has recommended that the Bill be passed, subject to four recommendations it has made on the Bill’s provisions and the introduction of accompanying legislation.
The Bill
The Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 makes a number of changes to give effect to the establishment of the Home Affairs portfolio on 20 December 2017. The Bill will amend the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the Independent National Security Legislation Monitor Act 2010 (Cth), the Inspector-General of Intelligence and Security Act 1986 (Cth) and the Intelligence Services Act 2001 (Cth).
Recommendations
The Committee made four recommendations.
- The Committee recommends that the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 be amended so that only the Prime Minister is empowered to request the Inspector-General of Intelligence and Security to undertake an inquiry under section 9 of the Inspector-General of Intelligence and Security Act 1986.
- The Committee recommends that the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 be amended to replace reference to the ‘Minister’ in the Independent National Security Legislation Monitor Act 2010 and Inspector-General of Intelligence and Security Act 1986 with ‘Attorney-General’ where such references refer to the Minister administering the Act.
- The Committee recommends that the legislative amendments to the Australian Security Intelligence Organisation Act 1979 and Telecommunications (Interception and Access) Act 1979 to give effect to the ongoing role of the Attorney-General be introduced to the Parliament prior to the conclusion of debate on the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017.
- Subject to implementation of the Committee’s recommendations, the Committee recommends that the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 be passed.
Concerns from the IGIS
In regards to the first recommendation it made, at paragraph 2.44 of the report, the Committee noted:
“The principal concern raised in evidence to the Committee was the effect of the Bill on the Inspector-General of Intelligence and Security and, specifically, her perceived and actual independence, which the Inspector-General described as her office’s most important asset.”
The Committee outlined the history of the office of the Inspector-General of Intelligence and Security ("the IGIS"), which was established after the second Hope Royal Commission. The Committee went on to say at paragraphs 2.46-2.50:
“The importance of assurances to the public as described by Justice Hope is reflected in the objects of the IGIS Act. It is similarly intended that assurances be provided to the Parliament about the activities of the intelligence agencies. The Committee considers the perception of and actual independence of the Inspector-General is important to providing such assurances….
The Committee supports the continuation of the Prime Minister’s existing power in section 9 of the IGIS Act to direct the Inspector-General to undertake an inquiry. This is a longstanding power that reflects the Prime Minister’s position as head of the National Intelligence Community and has been used judiciously to date.
The Committee considers that caution should be exercised regarding changes to the Inspector-General’s role that could be perceived to impact on her independence. For this reason, and to allay the concerns of some, the Committee recommends that item 35 of the Bill be amended to provide a direction power only to the Prime Minister.”
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.
Sources:
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017 (Cth) - available from TimeBase's LawOne service
