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2008-2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
NATIONAL SECURITY LEGISLATION MONITOR BILL 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Cabinet Secretary, Senator the Hon Joe
Ludwig)
NATIONAL SECURITY LEGISLATION MONITOR BILL 2009
GENERAL OUTLINE
The National Security Legislation Monitor Bill 2009 (the 'Bill')
establishes the position of the National Security Legislation Monitor (the
'Monitor'). The establishment of the Monitor is consistent with
recommendations made by the Security Legislation Review Committee in June
2006, the Parliamentary Joint Committee on Intelligence and Security in
December 2006 and September 2007, and the Inquiry by the Hon. John Clarke
QC into the Case of Dr Mohamed Haneef.
The standing function of the Monitor will be to review the operation,
effectiveness and implications of the counter-terrorism and national
security legislation and report his or her comments, findings and
recommendations to the Prime Minster, and in turn Parliament, on an annual
basis. As well, the Monitor must consider whether Australia's counter-
terrorism and national security legislation contains appropriate safeguards
for protecting individuals' rights and remains necessary. The main purpose
of the Bill is to ensure the laws operate in an effective and accountable
manner, are consistent with international human rights law and help to
maintain public confidence in those laws.
The review of the counter-terrorism and national security legislation will
concentrate on the legislation which has been used or considered during the
reporting year so that the review can take into account the operational and
judicial experience with the legislation.
In reviewing the legislation, the Monitor must have regard to Australia's
international obligations and the agreed national counter-terrorism
arrangements between the Commonwealth, States and Territories.
The Bill provides for the appointment of the Monitor and prescribes his or
her functions and provides the framework for reviewing the relevant
legislation. The Monitor may initiate his or her own investigations, or
the Prime Minister may refer a matter to the Monitor to review within a
specified timeframe.
The Bill provides the Monitor with the power to compel a witness to take an
oath or affirmation to ensure that evidence given will be true. Further,
the Monitor has the power to hold both public and private hearings and to
compel the production of documents and things. These are supported by
criminal offences for conduct in the nature of contempt.
FINANCIAL IMPACT STATEMENT
Funding of $1.36 million over four years was provided in the 2009-10 Budget
to fund the establishment of the Office of the National Security
Legislation Monitor.
NOTES ON CLAUSES
PART 1 - PRELIMINARY
Clause 1: Short title
This is a formal clause which provides for the citation of the Bill. This
clause provides that when enacted the Bill may be cited as the National
Security Legislation Monitor Act 2009.
Clause 2: Commencement
This clause provides for the commencement of the Act. It provides that all
provisions commence on the day after the Act receives Royal Assent.
Clause 3: Object
This clause provides the main objectives of the Bill which are to appoint a
Monitor to review Australia's counter-terrorism and national security
legislation to ensure it remains effective in deterring, preventing and
responding to terrorism and terrorism-related activity which threatens
Australia's security. The Monitor's review will also ensure that
Australia's counter-terrorism and national security legislation is
consistent with all of Australia's international obligations, including
human rights obligations, and contains appropriate safeguards for
protecting the rights of individuals.
The establishment of an independent reviewer of terrorism laws is
consistent with recommendations made by the Security Legislation Review
Committee in June 2006, the Parliamentary Joint Committee on Intelligence
and Security in December 2006 and September 2007, and the Inquiry by the
Hon. John Clarke QC into the Case of Dr Mohamed Haneef.
The overall aims of the Bill are to ensure that Australia's counter-
terrorism and national security legislation operates in an accountable
manner, is consistent with Australia's international obligations, including
human rights, encourages public input and provides a mechanism for the
regular review of Australia's counter-terrorism and national security
legislation.
Clause 4: Definitions
This clause defines certain terms which are set out in the Bill.
counter-terrorism and national security legislation - This definition
outlines the counter-terrorism and national security legislation
within the scope of the Monitor's consideration. The legislation
defined to be counter-terrorism and national security legislation is:
(a) Division 3 of Part III of the Australian Security
Intelligence Organisation Act 1979 and any other provision
of that Act as far as it relates to that Division;
(b) Part 4 of the Charter of the United Nations Act 1945 and
any other provision of that Act as far as it relates to that
Part;
(c) the following provisions of the Crimes Act 1914:
(i) Division 3A of Part IAA and any other provision of
that Act as far as it relates to that Division;
(ii) sections 15AA and 19AG and any other provision of
that Act as far as it relates to those sections;
(iii) Part IC, to the extent that the provisions of that
Part relate to the investigation of terrorism offences
(within the meaning of that Act), and any other
provision of that Act as far as it relates to that Part;
(d) Chapter 5 of the Criminal Code and any other provision of
that Act as far as it relates to that Chapter;
(e) Part IIIAAA of the Defence Act 1903 and any other
provision of that Act as far as it relates to that Part;
(f) the National Security Information (Criminal and Civil
Proceedings) Act 2004.
The Senate Standing Committee on Legal and Constitutional Affairs'
enquiry in October 2008 into legislation to establish an independent
reviewer of terrorism laws recommended that it would be useful to
detail a list of legislation to come under the scope of the
independent reviewer in order to bring clarity to the independent
reviewer's role and function. This definition implements this
recommendation by focussing on the laws which Australia has enacted or
enhanced to specifically address the threat of terrorism and related
security concerns since 11 September 2001.
head - this definition outlines who the principal office holders are
for the relevant departments or agencies.
law enforcement or security agency - this definition outlines all the
relevant law enforcement or security agencies, and includes State and
Territory police forces.
National Security Legislation Monitor - means the National Security
Legislation Monitor as appointed under clause 11 of this Bill.
operationally sensitive information - this definition includes
information which, if released, might prejudice an investigation, a
prosecution or an information source. It also includes information
provided by a foreign government where it has not consented to the
public disclosure of that information.
responsible Minister - means the Minister (including a State or
Territory Minister) responsible for the agency concerned in relation
to the matter being reviewed by the Monitor.
secrecy provision - means a provision of Commonwealth, State or
Territory law that prohibits or purports to prohibit the
communication, disclosure or publication of information, the contents
of a document or the production of a thing. A person will not be able
to rely on a secrecy provision in resisting disclosure or production
of a document or thing to the Monitor.
PART 2 - NATIONAL SECURITY LEGISLATION MONITOR
Division 1 - Establishment, functions and powers of National Security
Legislation Monitor
Clause 5: National Security Legislation Monitor
This clause creates the Office of the National Security Legislation
Monitor. Provisions relating to the appointment of the Monitor are
contained in Part 2, Division 2 of the Bill.
Clause 6: Functions of the National Security Legislation Monitor
This clause outlines the functions of the Monitor. One of the Monitor's
functions includes reviewing the operation, effectiveness and implications
of Australia's counter-terrorism and national security legislation, as
defined in clause 4, and primarily includes the legislation which has been
specifically enacted to counter terrorism and related security threats.
However, the Monitor is also given the ability to review other legislation,
such as general Commonwealth criminal legislation, which is used from time
to time as part of Australia's counter-terrorism efforts. The Monitor's
functions also require the Monitor to consider whether Australia's counter-
terrorism and national security legislation contains appropriate safeguards
for protecting the rights of individuals and whether the legislation
remains necessary.
Clause 6 also provides that the Monitor will be able to initiate his or her
own reviews. It also provides scope for the Prime Minister to refer
matters relating to counter-terrorism or national security to the Monitor
to report on to the Prime Minister.
These functions are consistent with the Senate Standing Committee on Legal
and Constitutional Affairs' enquiry into legislation to establish an
independent reviewer of terrorism laws as the Committee recommended that
the role and function of the independent reviewer needs to be
comprehensively described.
The terms 'operation' and 'effectiveness' are consistent with the Security
Legislation Review Committee's terms of reference and they currently appear
in the Parliamentary Joint Committee on Intelligence and Security's terms
of reference in section 29 of the Intelligence Services Act 2001.
Subclause 6(2) outlines what is not a function of the Monitor similar to
section 29 of the Intelligence Services Act 2001 which outlines what are
and what are not the functions of the Parliamentary Joint Committee on
Intelligence and Security. This subclause is included to provide greater
clarity to the role and functions of the Monitor and to ensure no overlap
with other oversight and accountability agencies such as the Inspector-
General of Intelligence and Security (IGIS) and the Commonwealth Ombudsman.
However, as outlined in clause 10, it is envisaged that the Monitor may
liaise with such agencies when performing his or her functions and must
have regard to their functions.
Clause 7: References to the National Security Legislation Monitor
This clause allows the Prime Minister to refer a matter to the Monitor to
review in a specified timeframe. When referring a matter to the Monitor,
the Prime Minister will provide the Monitor the terms of reference and
priorities for the review. The Prime Minister may alter the terms of
reference during the review period and grant an extension to the Monitor.
This clause is similar to the way in which the Attorney-General may refer a
matter to the Australian Law Reform Commission under section 20 of the
Australian Law Reform Commission Act 1996.
Clause 8: Regard to be had to international obligations and national
arrangements
This clause provides that when performing the Monitor's functions, the
Monitor must have regard to Australia's international obligations. The
Monitor must have regard to Australia's human rights obligations such as
the International Convention on Civil and Political Rights and the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment
or Punishment. In addition, the Monitor must also have regard to
international instruments that Australia has become a party to which
require Australia to enact a strong counter-terrorism framework such as the
16 United Nations counter-terrorism conventions and protocols and the
United Nations Security Council Resolutions 1267 and 1373 concerning the
freezing of assets of terrorists.
This clause also requires the Monitor to have regard to national
arrangements agreed to from time to time between the Commonwealth, States
and Territories. This clause recognises that counter-terrorism is a
national issue and that the terrorism offences and related legislation in
Part 5.3 of the Criminal Code was originally enacted under a referral of
powers from the States. Other national arrangements are also reflected in
the National Counter-Terrorism Plan. In addition to arrangements between
each police force in Australia, national arrangements are facilitated
through the National Counter-Terrorism Committee and its subcommittees
which have representatives from all the States and Territories.
Clause 9: Emphasis to be given to counter-terrorism and national security
legislation that has been applied or considered recently
This clause provides that when performing the Monitor's functions in a
particular financial year, the Monitor must give particular emphasis to
that legislation which has been used or considered in the previous
financial year and report his or her comments, findings or recommendations
to the Prime Minister on an annual basis.
This clause is intended to ensure the Monitor reviews the laws when they
have been used in a practical scenario. Reviewing laws when they have not
been used would be considered an ineffective use of the Monitor's time and
resources.
Clause 10: Consultation with agencies etc.
This clause provides that when performing the Monitor's functions, the
Monitor must have regard to the functions and roles of other oversight and
accountability agencies such as the IGIS, the Commonwealth Ombudsman, the
Privacy Commissioner, the Australian Commission for Law Enforcement
Integrity and the Human Rights Commissioner.
However, subclause 10(2) enables the Monitor to liaise with such oversight
and accountability agencies as the Monitor considers necessary to
effectively perform his or her functions.
Division 2 - Appointment of National Security Legislation Monitor
Clause 11: Appointment
This clause provides that the Monitor is to be appointed (or reappointed)
by written instrument from the Governor-General. The Monitor will
undertake his or her role on a part-time basis. The Governor-General must
not appoint a person as the Monitor unless, in the Governor-General's
opinion, the person is suitable for appointment because of the person's
qualifications, training or experience. In addition, before the Governor-
General appoints a person as the Monitor, the Prime Minister must consult
with the Leader of the Opposition in the House of Representatives.
Clause 12: Term of Appointment
This clause provides for the appointment of the Monitor for a fixed term
specified in the instrument of appointment and not exceeding three years.
The Monitor is eligible to be reappointed by the Governor-General for one
further term.
Clause 13: Remuneration and allowances
This clause provides that the remuneration for the Monitor is to be
determined by the Remuneration Tribunal in accordance with the Remuneration
Tribunal Act 1973, with provision for remuneration to be prescribed by
regulation in the absence of such determination. Allowances may also be
prescribed by regulation if the Remuneration Tribunal does not determine
them.
Clause 14: Leave of absence
This clause provides that the Prime Minister may grant the Monitor leave of
absence on the terms and conditions specified by the Governor-General in
writing.
Clause 15: Outside employment
This clause ensures that the Monitor does not engage in any paid employment
outside the Office of the National Security Legislation Monitor that
conflicts or may conflict with his or her duties, without written consent
from the Prime Minister. The intention of the clause is to prevent the
occurrence of a conflict of interests arising which would prevent the
Monitor from properly performing his or her duties.
Clause 16: Disclosure of interests to the Prime Minister
This clause requires the Monitor to provide written notice to the Prime
Minister where he or she has, or acquires, an interest that may conflict
with the performance of his or her functions as the Monitor. Failure to
provide such notification, without reasonable excuse, is a ground for
dismissal of the Monitor by the Governor-General pursuant to Clause 19.
Clause 17: Other terms and conditions
This clause provides that the Monitor may only hold office as the Monitor
on the terms and conditions which are determined by the Governor-General in
relation to matters not covered by the Bill.
Clause 18: Resignation
This clause provides that the Monitor may resign from his or her
appointment as the Monitor by providing the Governor-General with a signed
notice of resignation.
Clause 19: Termination of appointment
This clause provides that the Governor-General can only terminate the
appointment of the Monitor on the grounds specified in this clause. The
Governor-General has discretion to dismiss the Monitor for misbehaviour or
physical or mental incapacity.
The Governor-General must dismiss the Monitor in situations such as:
bankruptcy, failing to disclose conflicts of interest in contravention of
clause 16, engaging in unauthorised outside employment in contravention of
clause 15, and/or unauthorised absence from office.
Clause 20: Acting National Security Legislation Monitor
This clause provides that in circumstances where there is a vacancy in the
Office of the Monitor or during any periods where the Monitor is absent
from duty or Australia, or unable to perform his or her duties, the Prime
Minister may appoint a person as Acting National Security Legislation
Monitor.
Consistent with section 33A of the Acts Interpretation Act 1901, the Acting
Monitor may only be appointed for a maximum of 12 months.
PART 3 - INFORMATION GATHERING POWERS
Clause 21: National Security Legislation Monitor may hold hearings
This clause confers powers on the Monitor to hold a hearing for the purpose
of performing his or her functions under this Bill.
Subclause 21(2) requires that a hearing must be held in public unless the
Monitor exercises his or her discretion and directs that a hearing, or part
of a hearing, be held in private or, for any time during which a person is
giving evidence that discloses operationally sensitive information. This
provision ensures that as far as possible, the Monitor may hold hearings in
public. The provision also ensures that an appropriate and necessary level
of protection is afforded to operationally sensitive information by
requiring that a hearing be held in private where operationally sensitive
information could be discussed.
The ability to hold public hearings allows the Monitor to ensure that
public and interested stakeholders can participate in the review process.
However, it is important that the Monitor may hold hearings in private
where law enforcement and intelligence agencies can discuss issues which
may be operationally sensitive.
The Monitor has a general power to regulate the conduct of proceedings at a
hearing as he or she thinks fit. This is similar to subsection 25A(1) of
the Australian Crime Commission Act 2002 and subsection 82(2) of the Law
Enforcement Integrity Commissioner Act 2006.
Subclause 21(4) requires the Monitor to make a record of each hearing he or
she conducts.
Subclause 21(5) is included to assist readers, as the instrument is not a
legislative instrument within the meaning of section 5 of the Legislative
Instruments Act 2003.
A direction given by the Monitor under this section is not a legislative
instrument.
Clause 22: National Security Legislation Monitor may summon person
This clause confers power on the Monitor to summon a person. Under
subclause 22(1) the Monitor can serve a summons on a person to attend a
hearing at a time and place specified in the summons for the purpose of
giving evidence or producing documents or things specified in the summons.
The summons must be in writing, signed by the Monitor and served on the
person required to attend the hearing (subclause 22(2)). The Monitor must
give a person 14 days notice if the Monitor summons the person as a witness
(subclause 22(3)).
Subclause 22(4) provides that a person that is summoned under this clause
to appear as a witness at a hearing is entitled to be paid allowances for
travel and other expenses. The regulations will prescribe the allowances.
It is necessary for the allowances to be prescribed in the regulations so
that the allowances can be adjusted in a timely manner to respond to
changes in market conditions. This clause is similar to powers held by
other oversight bodies.
Failure to comply with a summons issued under this clause is an offence
under clause 25 of the Bill.
Clause 23: Evidence on oath or by affirmation
This clause confers power on the Monitor to administer an oath or
affirmation to a witness. The Monitor may require a witness at a hearing
to take an oath or affirmation.
The consequence of the power of the Monitor under subclause 23(1) to compel
a witness to take an oath or affirmation is that hearings held by the
Monitor under the Bill are characterised as 'judicial proceedings' under
Part III of the Crimes Act 1914. This means that the offences attaching to
judicial proceedings as set out in Part III of the Crimes Act 1914 are
applicable to hearings conducted under the Bill. For example, offences for
giving false testimony, fabricating evidence, intimidation of witnesses,
corruption of witnesses, deceiving witnesses and destroying evidence are
available.
An oath or affirmation administered by the Monitor under this clause is an
oath or affirmation that the evidence the witness will give will be true.
Under subclause 23(3) the Monitor has a discretion to allow a person who is
attending a hearing who has been sworn or has made an affirmation to give
evidence at the hearing by tendering a written statement and verifying it
by oath or affirmation.
Failure to take an oath or make an affirmation if requested by the Monitor
is an offence under subclause 25(2) of the Bill. The offence is punishable
by imprisonment for 6 months or 30 penalty units, or both.
Conferring power on the Monitor to compel a witness to take an oath or
affirmation ensures the accuracy of evidence given in a hearing. This is
similar to powers provided by other oversight bodies.
Clause 24: National Security Legislation Monitor may request production of
a document or thing
This clause confers power on the Monitor to request a person to produce to
the Monitor a document or thing for the purpose of conducting a review in
accordance with the Monitor's functions under the Act. Under subclause
24(1) the Monitor can, by written notice, request a person to give the
Monitor the information specified in the notice or to produce to the
Monitor the documents or things referred to in the notice. The period
within which the person must comply with the request must be specified
(Subclause 24(2)).
Subclause 24(3) provides that the Monitor must allow at least 14 days for a
person to comply with the written notice to produce a document or thing.
Failure to give the information, or produce the document or things, is an
offence under clause 25 of the Bill.
Clauses 27 and 28 also make provision for the Monitor to retain the
documents and to ensure protection of national security classified or
operationally sensitive information documents.
Clause 25: Offences
This clause outlines various offences for failing to comply with a summons
or a notice served by the Monitor.
Failure to attend hearing
Subclause 25(1) makes it an offence for a person to fail to attend at a
hearing if required to do so under a notice served on the person.
The offence is punishable by imprisonment for 6 months or 30 penalty units,
or both.
Failure to swear an oath, make an affirmation or answer a question
Subclause 25(2) makes it an offence for a person who is served with a
notice to attend a hearing to fail to be sworn or make an affirmation at
the hearing, or to fail to answer a question at the hearing that the
Monitor requires the person to answer.
The offence is punishable by imprisonment for 6 months or 30 penalty units,
or both.
Failure to produce a document or thing
Subclause 25(3) makes it an offence for a person to fail to produce a
document or thing the person was required to produce under a notice
received by the person from the Monitor.
This offence is punishable by imprisonment for 6 months or 30 penalty
units, or both.
Failure to provide information
Subclause 25(4) makes it an offence for a person to fail to provide
information that the person was required to provide under a notice served
received by the person from the Monitor.
This offence is punishable by imprisonment for 6 months or 30 penalty
units, or both.
Exception - reasonable excuse
Subclause 25(5) provides that a person required to attend a hearing, swear
an oath or make an affirmation, answer a question, produce a document or
thing or provide information under subclauses 25(1)-(4) can refuse to do so
if the person has a reasonable excuse. The defendant bears an evidential
burden in relation to this matter.
Subclause 25(6) provides that a reasonable excuse includes the principle
against self-incrimination. This subclause is not exhaustive of what
comprises a reasonable excuse. For example, a person may be unable
legitimately to produce a document for the Monitor due to another person
having possession of the document or due to the loss of the document.
However, a reasonable excuse would not include a person acting
intentionally to defeat the purpose of the notice. For example, the
reasonable excuse defence would not apply if a person shreds a document
upon receiving a request from the Monitor to produce the document and
states they are no longer in possession of it.
Given the coercive powers that the Monitor is given by Part 3 and the
consequences of non-compliance, the defence of "reasonable excuse" has been
included to seek to ensure as far as possible that people are not penalised
for failing to assist the Monitor in circumstances beyond their control or
where there is some other good and acceptable reason for non-compliance.
Clause 26: No criminal or civil liability under secrecy provisions
A person is not excused from answering a question or providing information
or documents or things when requested under clause 22 or 24, on the grounds
that answering the question, or producing the information or documents or
things would breach a secrecy provision. This clause provides immunity for
those people who act in compliance with a request from the Monitor from
proceedings for contravening any secrecy provision. This provision must be
viewed in light of the Monitor's functions and the protection of
operationally sensitive information in other provisions of the Act.
This is designed to encourage people to assist the Monitor in the conduct
of inquiries as fully as possible.
Clause 27: National Security Legislation Monitor may retain documents or
things
This clause provides that the Monitor may retain documents or things
produced to him or her pursuant to a request made under clause 22 or 24.
Under this clause, the Monitor will be able to take possession of a
document or thing, make copies of a document or thing, take extracts from a
document, and retain possession of a document or thing for as long as
necessary for the purposes of the investigation for which the document or
thing was requested.
Documents or things obtained pursuant to a request made under clause 22 or
24 will not be able to be retained indefinitely. Rather, the period of
time that the Monitor can retain documents or things under this clause is
limited to the period for which those documents or things are necessary for
the purposes of the investigation for which they were requested.
At all times while the Monitor retains a document or thing obtained
pursuant to a request made under clause 22 or 24, the Monitor must allow
persons who would otherwise be entitled to inspect or view the document or
thing to inspect or view the document or thing at the times that the person
would ordinarily be able to do so (subclause 27(2)). Providing a power of
inspection means that the person is not completely deprived of the document
or thing.
This clause is necessary to enable the Monitor to access documents and
information relevant to reviewing the operation and effectiveness of
Australia's counter-terrorism and national security legislation. This
clause is similar to section 18 of the Inspector-General of Intelligence
and Security Act 1986, sections 28 and 29 of the Australian Crime
Commission Act 2002, sections 9 and 13 of the Ombudsman Act 1976, sections
19 and 20 of the Inspector-General of Taxation Act 2003 and sections 77 and
102 of the Law Enforcement Integrity Commissioner Act 2006.
Clause 28: Protection of information and documents
This clause provides that if documents provided to the Monitor carry a
national security classification or contain operationally sensitive
information, the Monitor must make arrangements acceptable to the head of
the agency he or she is requesting the information from, for the security
of this information.
In addition, the Monitor must ensure that any documents that have a
national security classification or contain operationally sensitive
information which are provided to the Monitor are returned as soon as
possible after the Monitor has examined them.
PART 4 - REPORTING REQUIREMENTS
Clause 29: Annual Report
This clause provides that the Monitor must provide a report to the Prime
Minister on the operation, effectiveness and implications of Australia's
counter-terrorism and national security legislation and whether it contains
appropriate safeguards for protecting individuals' rights and remains
necessary. The Monitor must report as soon as practicable after 30 June
each financial year, and in any event, within 6 months after the end of
that particular period.
Subclause 29(3) restricts the nature of what the Monitor may publish in the
annual report subject to the advice of the Minister or Minsters responsible
for any agencies concerned (including State and Territory police forces) as
to whether any part of the annual report contains information which is
prohibited from disclosure under this subclause. This would exclude from
the annual report any operationally sensitive information or information
that would or might prejudice Australia's national security or the conduct
of Australia's foreign relations or the performance by an agency of its
functions or may endanger a person's safety. This subclause is
substantially equivalent to section 7 of Schedule 1 of the Intelligence
Services Act 2001 and section 92 of the Australian Security Intelligence
Organisation Act 1979 and is intended to ensure that the authorised
activities related to the functions of the agency or agencies concerned are
not compromised through disclosure.
Subclause 29(3) ensures the annual report does not include any information
from Commonwealth and State and Territory Cabinet documents. This
includes documents prepared for a meeting of the Cabinet or a Committee of
the Cabinet as well as any information that would disclose the
deliberations of the Cabinet.
Subclause 29(4) provides that the Monitor is required to seek the advice of
the responsible Ministers (including State and Territory Ministers)
concerned to determine if the annual report contains any information
referred to in subclause 29(3). Upon receiving the unclassified report
from the Monitor, subclause 29(6) provides that the Prime Minister must be
satisfied that the annual report does not contain any of the abovementioned
information before presenting the annual report to each House of Parliament
within 15 sitting days after the day on which he or she receives the report
under subclause 29(5).
If the Monitor is required to exclude any of the abovementioned information
from the annual report, the Monitor must prepare and give to the Prime
Minister a supplementary classified report that sets out that information.
Clause 30: Report on a reference
This clause provides that if a matter has been referred to the Monitor by
the Prime Minister under clause 7 whereby the Prime Minister may refer a
matter relating to counter-terrorism or national security to the Monitor,
then the Monitor is required to report to the Prime Minister on that
reference. The Monitor may, under his or her own discretion or by
direction from the Prime Minister, give an interim report to the Prime
Minister on the Monitor's work on the reference.
PART 5 - MISCELLANEOUS
Clause 31: Immunity from legal action
This clause protects the Monitor from any legal action being brought
against him or her in relation to anything the Monitor has done or omitted
to do in the performance or his or her functions or the exercise of his or
her powers. This clause is important so that the Monitor can effectively
perform his or her functions without fear of legal action.
This does not prevent legal action from being brought against the Monitor
if the Monitor is acting outside his or her functions or powers.
Clause 32: Regulations
This clause provides for the Governor-General to make regulations covering
matters required to be prescribed in the Bill, or matters that would be
necessary or convenient to prescribe for the purposes of the Bill.