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INDEPENDENT NATIONAL SECURITY LEGISLATION MONITOR AMENDMENT BILL 2021

                         2019-2020-2021




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                            SENATE




INDEPENDENT NATIONAL SECURITY LEGISLATION MONITOR
               AMENDMENT BILL 2021




     SUPPLEMENTARY EXPLANATORY MEMORANDUM


      Amendments to be Moved on Behalf of the Government




                  (Circulated by authority of the
     Attorney-General, Senator the Honourable Michaelia Cash)
AMENDMENTS TO THE INDEPENDENT NATIONAL SECURITY LEGISLATION
MONITOR AMENDMENT BILL 2021
(Government)


GENERAL OUTLINE

1.     The Independent National Security Legislation Monitor Amendment Bill 2021 (the
       Bill) will amend the Independent National Security Legislation Monitor Act 2010
       (INSLM Act) to clarify reporting arrangements for the Independent National Security
       Legislation Monitor (the Monitor) and provide a framework for the engagement of
       staff to assist the Monitor.

2.     These amendments to the Bill will ensure appropriate reporting and staffing
       arrangements for the Monitor. The amendments to the Bill:

              clarify that the requirement for the Monitor to give emphasis to legislation that
               has been recently applied or considered does not apply where the Monitor is
               conducting a special report or a statutory review report

              provide that the Monitor may be appointed on a full-time basis

              provide that a new Monitor must be appointed as soon as practicable following
               the position becoming vacant

              provide that Monitor reports must be tabled within 15 sitting days or 30
               calendar days after receipt of a report, whichever is earlier, and

              provide that a person may only assist the Monitor with the written agreement
               of the Monitor, and the Monitor may withdraw that agreement at any time.


FINANCIAL IMPACT

3.     The amendments to this Bill will have no financial impact.




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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Independent National Security Legislation Monitor Amendment Bill 2021

1.     The amendments to the Bill are compatible with the human rights and freedoms
       recognised or declared in the international instruments listed in section 3 of the
       Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

2.     The amendments to section 9 of the INSLM Act amend the existing requirement for
       the Monitor to give emphasis to legislation that has been recently applied or
       considered. Section 9 currently requires the Monitor to give emphasis to legislation
       that has been applied or considered during the financial year in which the review is
       taking place or in the immediately preceding financial year.

3.     The amendments to section 11 of the INSLM Act provide the option for the Monitor
       to be appointed on a full-time basis. New section 11A provides that a new Monitor
       must be appointed as soon as practicable following the position becoming vacant.

4.     The amendments to reporting provisions in sections 29, 29A, 29B and 30 provide
       that Monitor reports must be tabled within 15 sitting days or 30 calendar days after
       receipt of a report, whichever is earlier. Currently the tabling requirement is 15
       sitting days. This amendment ensures that Monitor reports are tabled within an
       appropriate timeframe.

5.     The amendment to section 33 of the Bill provide that a person may only assist the
       Monitor with the written agreement of the Monitor, and that the Monitor may
       withdraw that agreement at any time.

Human rights implications

6.     The amendments do not engage any of the applicable rights or freedoms as the
       amendments are procedural in nature.




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NOTES ON AMENDMENTS

Amendment 1 - Schedule 1, page 3 (after line 23)

1.    This amendment amends section 9 of the INSLM Act to provide that the requirement
      for the Monitor to give emphasis to legislation that has been recently applied or
      considered does not apply where the Monitor is conducting a special report or a
      statutory review report.

2.    The requirement remains relevant for the Monitor's annual reporting function, but
      should not apply where the Monitor is conducting a special report or a statutory
      review report because these types of reports can cut across multiple financial years.

Amendment 2 - Schedule 1, page 3 (before line 24)

3.    This amendment provides that the Monitor may be appointed on a full-time basis, and
      that a new Monitor must be appointed as soon as practicable following the position
      becoming vacant.

4.    Item 5C amends subsection 11(1) of the INSLM Act to provide that the Monitor may
      be appointed on a full-time basis. This amendment will enable possible full-time
      appointments in the future, should this be necessary.

5.    New section 11A provides that a new Monitor or acting Monitor must be appointed as
      soon as practicable following the position becoming vacant.

6.    Items 5E to 5K are consequential amendments which amend provisions relating to the
      Monitor's conditions of employment (specifically sections 14 (Leave of absence), 15
      (Outside employment) and 19 (Termination of appointment)) to reflect the possibility
      of the Monitor being appointed on a full-time basis.

Amendment 3 - Schedule 1, page 4 (after line 3)

7.    This amendment amends subsection 29(5) to provide that the Attorney-General must
      cause a copy of a Monitor's annual report to be presented to each House of the
      Parliament within the earlier of 15 sitting days or 30 days after the day on which they
      receive the annual report.

Amendment 4 - Schedule 1, item 8, page 4 (lines 32 to 34)

8.    This amendment amends subsection 29A(5) to provide that the Attorney-General
      must cause a copy of a Monitor's special report to be presented to each House of the
      Parliament within the earlier of 15 sitting days or 30 days after the day on which they
      receive the special report.

Amendment 5 - Schedule 1, item 8, page 5 (lines 23 to 25)

9.    This amendment amends subsection 29B(5) to provide that the Attorney-General must
      cause a copy of a Monitor's statutory review report to be presented to each House of
      the Parliament within the earlier of 15 sitting days or 30 days after the day on which
      they receive the statutory review report.

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Amendment 6 - Schedule 1, page 5 (after line 25)

10.   This amendment amends subsection 30(6) to provide that where the Monitor prepares
      a report for the Attorney-General or the Prime Minister following a referral under
      section 7, the referring Minister must cause a copy of the report to be presented to
      each House of the Parliament within the earlier of 15 sitting days or 30 days after the
      day on which they receive the report.

Amendment 7 - Schedule 1, item 12, page 6 (after line 29)

11.   This amendment inserts new subsection 33(3), which provides that persons whose
      services are made available to the Monitor under subsection 33(1) may only assist the
      Monitor with the written consent of the Monitor, and the Monitor may, in writing,
      withdraw such consent at any time.

12.   This amendment confirms that the Monitor has discretion and control in relation to
      staff assisting the Monitor.




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