Parliamentary Joint Committee Releases Report On Office of National Intelligence Bills

“The Review examined the environment in which the intelligence community operates, and considered how effectively it serves Australia’s national interests. In particular the suitability of the current structural, legislative and oversight architecture of the intelligence community was considered.”

“Specifically the Bill implements the recommendations of the Review in relation to ONI, including by the following:

1. providing that ONI’s functions include to lead the national intelligence community (NIC) which will, for the purposes of the Bill, include the traditional AIC, the ACIC in its entirety, and the intelligence related activities and capabilities of the Department of Home Affairs, the AFP, AUSTRAC and the Department of Defence;
2. providing that ONI’s assessment functions extend beyond ONA’s existing role to include matters of political, strategic or economic significance to Australia without an international aspect, to support the performance of any of their other functions or complement the work of the NIC;
3. extending ONA’s existing evaluation role beyond foreign intelligence activities to include the intelligence activities and capabilities of the NIC;
4. providing that ONI’s functions include providing advice to the Prime Minister on national intelligence priorities, requirements and capabilities and matters relating to the NIC more generally;  
5. providing ONI with a specific function of collecting, interpreting and disseminating information relating to matters of political, strategic or economic significance to Australia that is accessible to any section of the public;
6. requiring ONI to perform its function of leading the NIC in ways that promote the appropriate integration of the intelligence capabilities of the NIC; and
7. positioning the Director-General National Intelligence (Director-General) as the head of the NIC, whose responsibilities include keeping the Prime Minister informed on matters relating to the NIC.”

“the provisions of both bills, and how the proposed legislation reflects the recommendations from the Review. The Committee also examined whether ONI has been given adequate powers and functions to lead a better coordinated and more integrated intelligence community, and looked at any impact on the existing roles and statutory functions of the other Australian intelligence agencies.”

1. “The Committee recommends that the Government request the Comprehensive Review into the Legal Framework of the National Intelligence Community to examine the consistency of the various provisions across national intelligence community legislation enabling these agencies to cooperate with foreign authorities.
2. The Committee recommends that the Government amend clause 54(2) of the Office of National Intelligence Bill 2018 to ensure that the powers of the Director-General of National Intelligence under clause 13(2) cannot be delegated when approving an authority of another country as being capable of assisting ONI in the performance of its functions and the exercise of its powers.
3. The Committee recommends the Office of National Intelligence Bill 2018 be amended to remove clause 43 (Offence—subsequent communications of certain information).
4. The Committee recommends that clause 53 of the Office of National Intelligence Bill 2018 be amended to include a statutory requirement that the privacy rules be made public, except to the extent that those rules contain classified information.
5. The Committee recommends that clause 53(4) of the Office of National Intelligence Bill 2018 be amended to require the Prime Minister to consult with the Privacy Commissioner, including by providing the Commissioner with a copy of the privacy rules the Prime Minister is proposing to make.
6. The Committee recommends that, following the implementation of the recommendations in this report, the Office of National Intelligence Bill 2018 and the Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018 be passed.”