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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Home Affairs and Integrity Agencies
Legislation Amendment Bill 2017
No. , 2017
(Prime Minister)
A Bill for an Act to deal with consequential matters
arising from the establishment of the Home Affairs
portfolio, and for related purposes
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
3
Independent National Security Legislation Monitor Act 2010
3
Inspector-General of Intelligence and Security Act 1986
7
Intelligence Services Act 2001
12
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
1
A Bill for an Act to deal with consequential matters
1
arising from the establishment of the Home Affairs
2
portfolio, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Home Affairs and Integrity Agencies Legislation
6
Amendment Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
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 this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
3
Schedule 1--Amendments
1
2
Anti-Money Laundering and Counter-Terrorism Financing
3
Act 2006
4
1 After paragraph 128(13)(c)
5
Insert:
6
(ca) an ASIO official may disclose AUSTRAC information to the
7
Attorney-General if the disclosure is for the purposes of, or in
8
connection with:
9
(i) the performance of the Attorney-General's functions
10
under an Act mentioned in paragraph (b) or (c); or
11
(ii) security (within the meaning of the Australian Security
12
Intelligence Organisation Act 1979);
13
2 After paragraph 128(13B)(c)
14
Insert:
15
(ca) an official of a defence intelligence agency may disclose
16
AUSTRAC information to the Attorney-General if the
17
disclosure is for the purposes of, or in connection with, the
18
performance of the Attorney-General's functions under the
19
Telecommunications (Interception and Access) Act 1979;
20
3 After paragraph 128(13C)(b)
21
Insert:
22
(ba) an official of ONA may disclose AUSTRAC information to
23
the Attorney-General if the disclosure is for the purposes of,
24
or in connection with, the performance of the
25
Attorney-General's functions under the Telecommunications
26
(Interception and Access) Act 1979;
27
Independent National Security Legislation Monitor Act 2010
28
4 Paragraph 6(1)(c)
29
Omit "the Prime Minister", substitute "a Minister under section 7".
30
Schedule 1 Amendments
4
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
5 Section 7
1
Repeal the section, substitute:
2
7 References to the Independent National Security Legislation
3
Monitor by the Prime Minister or the Minister
4
(1) The Prime Minister or the Minister may refer a matter relating to
5
counter-terrorism or national security to the Independent National
6
Security Legislation Monitor, either at the Monitor's suggestion or
7
on his or her own initiative.
8
(2) A Minister who refers a matter under subsection (1) may alter the
9
terms of the reference.
10
(3) The Prime Minister may give the Independent National Security
11
Legislation Monitor directions about the order in which he or she is
12
to deal with references.
13
6 Subsection 11(2)
14
Repeal the subsection, substitute:
15
(2) Before a recommendation is made to the Governor-General for the
16
appointment of a person as the Independent National Security
17
Legislation Monitor, the Prime Minister must consult with the
18
Leader of the Opposition in the House of Representatives.
19
Note:
This item re-enacts the existing provision to re-insert the reference to the Prime
20
Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901.
21
7 Section 14
22
Omit "Prime Minister", substitute "Minister".
23
8 Saving provision
--leave of absence
24
A grant of leave, made before the commencement of this item under
25
section 14 of the Independent National Security Legislation Monitor Act
26
2010 for a period that ends after that commencement, continues in
27
effect on and after that commencement as if made under that section as
28
amended by this Schedule.
29
9 Section 15
30
Omit "Prime Minister's", substitute "Minister's".
31
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
5
10 Saving provision
--consent to paid employment
1
A consent to engage in paid employment, that is in effect for the
2
purposes of section 15 of the Independent National Security Legislation
3
Monitor Act 2010 immediately before the commencement of this item,
4
continues in effect on and after that commencement as if given for the
5
purposes of that section as amended by this Schedule.
6
11 Section 16 (heading)
7
Repeal the heading, substitute:
8
16 Disclosure of interests to the Minister
9
12 Section 16
10
Omit "Prime Minister", substitute "Minister".
11
13 Transitional provision
--disclosure of interests
12
If the Independent National Security Legislation Monitor gave notice of
13
an interest in accordance with section 16 of the Independent National
14
Security Legislation Monitor Act 2010 before the commencement of
15
this item, the Monitor must also give notice of the interest to the
16
Minister administering that Act as soon as practicable after that
17
commencement.
18
14 Paragraph 19(2)(c)
19
Omit "Prime Minister's", substitute "Minister's".
20
15 Section 20
21
Omit "Prime Minister", substitute "Minister".
22
16 Saving provision
--acting appointments
23
An appointment of a person to act as the Independent National Security
24
Legislation Monitor, that is in effect under section 20 of the
25
Independent National Security Legislation Monitor Act 2010
26
immediately before the commencement of this item, continues in effect
27
on and after that commencement as if made in accordance with that
28
section as amended by this Schedule.
29
17 Subsections 29(1), (2), (2A), (5) and (8)
30
Omit "Prime Minister", substitute "Minister".
31
Schedule 1 Amendments
6
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
18 Section 30 (heading)
1
Repeal the heading, substitute:
2
30 Report on a reference by the Prime Minister or the Minister
3
19 Subsection 30(1)
4
Repeal the subsection, substitute:
5
Giving reports to referring Minister
6
(1) The Independent National Security Legislation Monitor must
7
report on a reference made under section 7 to the Minister who
8
made the reference (the referring Minister).
9
20 Subsection 30(2)
10
Omit "Prime Minister", substitute "referring Minister".
11
21 Subsection 30(3)
12
Omit "Prime Minister" (wherever occurring), substitute "referring
13
Minister".
14
22 After subsection 30(3)
15
Insert:
16
Giving copies of reports to non-referring Minister
17
(3A) The Independent National Security Legislation Monitor may, if he
18
or she considers it appropriate to do so, give a copy of a report
19
under subsection (1), (2) or (3) to the Minister mentioned in
20
section 7 who did not make the reference.
21
Declassified reports
22
23 Subsection 30(4)
23
Omit "Prime Minister" (wherever occurring), substitute "referring
24
Minister".
25
24 Before subsection 30(6)
26
Insert:
27
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
7
Presenting copies of reports to the Parliament
1
25 Subsection 30(6)
2
Omit "Prime Minister", substitute "referring Minister".
3
26 Paragraph 30(6)(a)
4
Repeal the paragraph, substitute:
5
(a) a report given to the referring Minister under subsection (1)
6
or (3); or
7
27 Application of amendments
8
The Independent National Security Legislation Monitor Act 2010, as
9
amended by this Act, applies in relation to a reference made under
10
section 7 of that Act:
11
(a) on or after the commencement of this item; or
12
(b) before that commencement, if the report on the reference was
13
not given to the Prime Minister before that commencement.
14
Inspector-General of Intelligence and Security Act 1986
15
28 Paragraph 4(c)
16
Omit "Attorney-General", substitute "responsible Minister for ASIO".
17
29 Subsection 6(3)
18
Repeal the subsection, substitute:
19
(3) Before a recommendation is made to the Governor-General for the
20
appointment of a person as Inspector-General, the Prime Minister
21
must consult with the Leader of the Opposition in the House of
22
Representatives.
23
Note:
This item re-enacts the existing provision to re-insert the reference to the Prime
24
Minister: see item 3 of the table in subsection 19(1) of the Acts Interpretation Act 1901.
25
30 Subsection 6A(1)
26
Omit "Prime Minister", substitute "Minister".
27
31 Subsection 6A(1) (note)
28
Omit "section", substitute "sections 33AB and".
29
Schedule 1 Amendments
8
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
32 Subsection 6A(2)
1
Repeal the subsection, substitute:
2
(2) Before the Minister appoints a person to act as the
3
Inspector-General, the Prime Minister must consult with the
4
Leader of the Opposition in the House of Representatives about the
5
appointment.
6
33 Saving provision
--acting appointments
7
An appointment of a person to act as the Inspector-General, that is in
8
effect under section 6A of the Inspector-General of Intelligence and
9
Security Act 1986 immediately before the commencement of this item,
10
continues in effect on and after that commencement as if made in
11
accordance with that section as amended by this Schedule.
12
34 Subsections 8(1), (2) and (3)
13
After "request of" (wherever occurring), insert "the Minister or".
14
35 Subsections 9(1) and (3)
15
After "Prime Minister", insert "or the Minister".
16
36 Subparagraph 9AA(a)(i)
17
Omit "section 9--the Prime Minister", substitute "section 8 or 9 by the
18
Prime Minister or the Minister administering this Act--the Minister
19
who made the request".
20
37 Application of amendment
21
The amendment of subparagraph 9AA(a)(i) of the Inspector-General of
22
Intelligence and Security Act 1986 made by this Schedule applies in
23
relation to an inquiry started on or after the commencement of this item.
24
38 Subsection 17(8)
25
After "Prime Minister", insert "or the Minister (or both)".
26
39 Application of amendment
27
Subsection 17(8) of the Inspector-General of Intelligence and Security
28
Act 1986, as in force on and after the commencement of this item,
29
applies in relation to an inquiry whether started before, on or after that
30
commencement.
31
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
9
40 Subsections 22(4A) and (5)
1
Repeal the subsections, substitute:
2
(5) The Inspector-General must give a copy of the final agency copy
3
or version given to the responsible Minister under subsection (4) to
4
the following:
5
(a) if the inquiry was conducted as a result of a request under
6
section 8 or 9 by the Prime Minister or the Minister
7
administering this Act--the Minister who made the request;
8
(b) in any case--the Prime Minister or the Minister
9
administering this Act, if that Minister requests it.
10
(6) In addition, the Inspector-General may give the Prime Minister or
11
the Minister administering this Act a copy of the final agency copy
12
or version given to the responsible Minister under subsection (4) if
13
the Inspector-General considers it appropriate to do so.
14
41 Application of amendment
15
Subsections 22(5) and (6) of the Inspector-General of Intelligence and
16
Security Act 1986, as in force on and after the commencement of this
17
item, apply in relation to a copy or version of a final agency copy that is
18
given to the responsible Minister under subsection 22(4) of that Act on
19
or after that commencement, even if the inquiry was started before that
20
commencement.
21
42 Section 24 (heading)
22
Repeal the heading, substitute:
23
24 Action as a result of reports--general
24
43 Subsection 24(2)
25
Omit all the words after "appropriate", substitute:
26
in the circumstances:
27
(a) the Inspector-General may discuss the matter with the
28
responsible Minister and prepare a report relating to that
29
matter; and
30
(b) if the Inspector-General prepares such a report, he or she
31
must give a copy of the report to:
32
Schedule 1 Amendments
10
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
(i) if the inquiry was conducted as a result of a request
1
made by the Prime Minister under section 9--the Prime
2
Minister; and
3
(ii) in any case--the Minister administering this Act.
4
44 At the end of section 24
5
Add:
6
(3) In addition, the Inspector-General may give a copy of a report
7
prepared under paragraph (2)(a) to the Prime Minister if the
8
Inspector-General considers it appropriate to do so.
9
45 Application of amendments
10
Subsections 24(2) and (3) of the Inspector-General of Intelligence and
11
Security Act 1986, as in force on and after the commencement of this
12
item, apply in relation to a report prepared under paragraph 24(2)(a) of
13
that Act on or after commencement, even if it relates to an inquiry
14
started before that commencement.
15
46 Section 24A (heading)
16
Repeal the heading, substitute:
17
24A Action as a result of certain reports relating to heads of
18
Commonwealth agencies
19
47 Paragraph 24A(3)(b)
20
Repeal the paragraph, substitute:
21
(b) if the Inspector-General prepares such a report, he or she
22
must give a copy of the report to:
23
(i) if the inquiry was conducted as a result of a request
24
made by the Prime Minister under section 9--the Prime
25
Minister; and
26
(ii) in any case--the Minister administering this Act.
27
48 At the end of section 24A
28
Add:
29
(4) In addition, the Inspector-General may give a copy of a report
30
prepared under paragraph (3)(a) to the Prime Minister if the
31
Inspector-General considers it appropriate to do so.
32
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
11
49 Application of amendments
1
Subsections 24A(3) and (4) of the Inspector-General of Intelligence and
2
Security Act 1986, as in force on and after the commencement of this
3
item, apply in relation to a report prepared under paragraph 24A(3)(a)
4
of that Act on or after commencement, even if it relates to an inquiry
5
started before that commencement.
6
50 Section 25
7
Omit "Where", substitute "(1) If".
8
51 Section 25
9
Omit "Prime Minister", substitute "Minister administering this Act".
10
52 At the end of section 25
11
Add:
12
(2) In addition, the Inspector-General may give a copy of the report to
13
the Prime Minister if the Inspector-General considers it appropriate
14
to do so.
15
53 Application of amendments
16
Section 25 of the Inspector-General of Intelligence and Security Act
17
1986, as in force on and after the commencement of this item, applies if
18
a copy of a report in relation to an inquiry is given to the responsible
19
Minister on or after that commencement, even if the inquiry started
20
before that commencement.
21
54 Subsection 28(2)
22
Omit "Prime Minister", substitute "Minister".
23
55 Saving provision
--leave of absence
24
(1)
A determination of terms and conditions, that is in effect under
25
subsection 28(2) of the Inspector-General of Intelligence and Security
26
Act 1986 immediately before the commencement of this item, continues
27
in effect on and after that commencement as if made under that
28
subsection as amended by this Schedule.
29
(2)
A grant of leave, made before the commencement of this item under
30
subsection 28(2) of the Inspector-General of Intelligence and Security
31
Act 1986 for a period that ends after that commencement, continues in
32
Schedule 1 Amendments
12
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
effect on and after that commencement as if made under that subsection
1
as amended by this Schedule.
2
56 Subparagraph 30(2)(b)(i)
3
Omit "Prime Minister", substitute "Minister".
4
57 Saving provision
--approval of paid employment
5
An approval to engage in paid employment, that is in effect for the
6
purposes of subparagraph 30(2)(b)(i) of the Inspector-General of
7
Intelligence and Security Act 1986 immediately before the
8
commencement of this item, continues in effect on and after that
9
commencement as if given for the purposes of that subparagraph as
10
amended by this Schedule.
11
58 Subsection 32A(5)
12
Omit "Minister" (wherever occurring), substitute "responsible
13
Minister".
14
59 Subsection 32B(3)
15
Repeal the subsection.
16
60 Subsection 35(3)
17
Omit "The Prime Minister shall give a copy of a report referred to in
18
subsection (2)", substitute "A copy of a report referred to in
19
subsection (2) must be given".
20
61 Subsections 35(4) and (5)
21
Omit "Prime Minister" (wherever occurring), substitute "Minister".
22
Intelligence Services Act 2001
23
62 Paragraph 9(1A)(b)
24
Omit "Minister responsible for administering the Australian Security
25
Intelligence Organisation Act 1979", substitute "Attorney-General".
26
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
13
63 Saving provision
--agreement to authorisations
1
An agreement, that is in effect under paragraph 9(1A)(b) of the
2
Intelligence Services Act 2001 immediately before the commencement
3
of this item (including such an agreement given in accordance with
4
subsection 9(1AA) of that Act), continues in effect on and after that
5
commencement as if given under that paragraph as amended by this
6
Schedule.
7
64 Subsection 9(1AA) (heading)
8
Repeal the heading, substitute:
9
Agreement of the Attorney-General
10
65 Subsections 9(1AA) and (1AC)
11
Omit "Minister responsible for administering the Australian Security
12
Intelligence Organisation Act 1979", substitute "Attorney-General".
13
66 Subsection 9(1AC) (note)
14
Omit "Minister", substitute "Attorney-General".
15
67 Subsection 9A(2) (note)
16
Omit "Minister responsible for administering the Australian Security
17
Intelligence Organisation Act 1979", substitute "Attorney-General".
18
68 At the end of paragraph 9A(3)(b)
19
Add:
20
; (v) the Minister responsible for administering the
21
Australian Security Intelligence Organisation Act 1979.
22
69 Subsection 9B(2) (note)
23
Omit "Minister responsible for administering the Australian Security
24
Intelligence Organisation Act 1979", substitute "Attorney-General".
25
70 Section 9C (heading)
26
Repeal the heading, substitute:
27
Schedule 1 Amendments
14
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
No. , 2017
9C Authorisations in an emergency--Attorney-General unavailable
1
71 Subparagraph 9C(1)(c)(i)
2
Omit "Minister responsible for administering the Australian Security
3
Intelligence Organisation Act 1979 (the ASIO Minister)", substitute
4
"Attorney-General".
5
72 Subparagraph 9C(1)(c)(iii)
6
Omit "ASIO Minister", substitute "Attorney-General".
7
73 Subsections 9C(2) and (3)
8
Omit "ASIO Minister", substitute "Attorney-General".
9
74 Subsection 9C(4)
10
Repeal the subsection, substitute:
11
Notifying Attorney-General, ASIO Minister and Inspector-General
12
of Intelligence and Security
13
(4) The relevant agency head must notify the following that an
14
authorisation was given under section 9A or 9B (as the case
15
requires) in accordance with this section:
16
(a) the Attorney-General;
17
(b) the Minister responsible for administering the Australian
18
Security Intelligence Organisation Act 1979 (the ASIO
19
Minister);
20
(c) the Inspector-General of Intelligence and Security.
21
The notification must state whether the agreement of the
22
Director-General of Security was obtained.
23
75 Paragraph 9C(5)(a)
24
After "given to", insert "the Attorney-General or".
25
76 After subsection 13G(1)
26
Insert:
27
(1A) Before making guidelines under subsection (1), the responsible
28
Ministers must consult with the Attorney-General.
29
Amendments Schedule 1
No. , 2017
Home Affairs and Integrity Agencies Legislation Amendment Bill 2017
15
77 After subparagraph 29(1)(b)(i)
1
Insert:
2
(ia) the Attorney-General; or
3
78 Paragraph 29(1)(c)
4
Omit "and to the responsible Minister", substitute ", to the responsible
5
Minister and to the Attorney-General".
6
79 Subsection 29(2)
7
After "Minister" (wherever occurring), insert "or the
8
Attorney-General".
9