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senate vote 2020-12-10#5
Edited by
mackay staff
on
2021-01-02 13:39:20
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Title
Bills — Australian Security Intelligence Organisation Amendment Bill 2020; Second Reading- Australian Security Intelligence Organisation Amendment Bill 2020 - Second Reading - Agree with bill's main idea
Description
<p class="speaker">Richard Colbeck</p><p>I table a revised explanatory memorandum relating to the bill, and move:</p><p class="italic">That this bill be now read a second time.</p>- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2020-12-10.45.12) to read the bill for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). In other words, they voted to agree with the main idea of the bill. The Senate can now consider the bill in more detail.
- ### What does this bill do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2021a/21bd009):
- > *The purpose of the Bill is to amend the Act to replace the existing framework for questioning warrants and questioning and detention warrants with a revised questioning warrant framework, make related changes to the Act and other legislation, and amend provisions in the Act relating to the use of surveillance devices.*
- Changes include:
- * *expanding the purposes of questioning from terrorism offences to politically motivated violence, espionage and foreign interference*
- * *lowering the minimum age for the subject of a warrant from 16 to 14 years of age*
- * *having the Attorney-General issue warrants directly in place of an issuing authority*
- * *allowing for requests for warrants to be made, and warrants to be issued, orally in some circumstances*
- * *creating a new framework to allow the use of certain tracking devices by ASIO with internal authorisation from higher level officers (currently the use of such devices requires a warrant)*
<p>I seek leave to have the second reading speech incorporated in <i>Hansard</i>.</p><p>Leave granted.</p><p class="italic"> <i>The speech read as follows—</i></p><p class="italic">I move that this Bill now be read a second time.</p><p class="italic">Keeping Australian communities safe from those who seek to do us harm is, and will continue to be, the Government's number one priority.</p><p class="italic">An important way the Government achieves this is by ensuring that our national security agencies have the powers they need to work in an increasingly volatile security environment.</p><p class="italic">The Australian Security Intelligence Organisation Amendment Bill 2020 will modernise ASIO's powers and improve ASIO's capacity to respond to a range of steadily worsening threats particularly in relation to politically motivated violence, espionage and foreign interference.</p><p class="italic">The Bill repeals ASIO's existing questioning and detention warrant framework contained in Division 3 of Part III of the <i>Australian Security Intelligence Organisation Act 1979 </i>(ASIO Act), and introduces a reformed compulsory questioning framework.</p><p class="italic">These powers will enable ASIO, upon obtaining a warrant, to question a person under compulsion to obtain intelligence in relation to politically motivated violence (including terrorism), espionage and foreign interference.</p><p class="italic">The Bill will also align the approval process for ASIO to use non-intrusive tracking devices with that of law enforcement agencies under the <i>Surveillance Devices Act 2004</i>, and modernise the definition of tracking device to ensure ASIO is able to use the latest and safest technology to perform its functions.</p><p class="italic">The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has comprehensively reviewed the powers in this Bill and supported the retention of a compulsory questioning power for ASIO. The PJCIS made eight recommendations in relation to the proposed compulsory questioning powers.</p><p class="italic">The Government has amended the Bill to implement all of these recommendations, and I table a revised explanatory memorandum incorporating these amendments.</p><p class="italic">These amendments further strengthen the significant safeguards that will accompany the compulsory questioning framework in this Bill, including rights to legal representation, and extensive real-time oversight throughout the course of questioning by the Inspector-General of Intelligence and Security.</p><p class="italic">Closing remarks</p><p class="italic">In conclusion, this Bill will ensure that ASIO has the powers it needs to deal with current and emerging threats to our nation's security.</p><p class="italic">The Morrison Government is committed to ensuring our security agencies have the powers they need to operate effectively in an increasingly challenging and complex national security environment. I am sure that this sentiment is shared by all members in this Chamber.</p><p class="italic">I commend the Bill to the Chamber.</p> <p class="speaker">Kristina Keneally</p><p>I rise to speak on the Australian Security Intelligence Organisation Amendment Bill 2020 and say at the outset that Labor supports the fundamental aims and objectives of this bill. We welcome the repeal of the questioning and detention warrant. It is a repeal that Labor has long advocated. It is a repeal that has been supported by the Parliamentary Joint Committee on Intelligence and Security. It is a repeal that has been supported by the Independent National Security Legislation Monitor. This is a reform that is long overdue. Labor supports and welcomes it and we appreciate that the government, in a long overdue response to the Parliamentary Joint Committee on Intelligence and Security, has brought this repeal forward.</p><p>I note that the questioning and detention warrant, which was a power that was brought in in the wake of the September 11 attacks by this parliament and supported at the time by the Australian Labor Party, is a power that has never been used. It is an extraordinary and intrusive power designed to assist our national security agencies to prevent a terrorist attack and it has never been used. Therefore it is appropriate that we repeal this power and Labor supports that objective. Labor also supports the objective of expanding the questioning warrant to cover acts of politically motivated violence, including terrorism, foreign interference and espionage.</p> <p class="speaker">Sue Lines</p><p>Senator Keneally, resume your seat. Senators, we have a debate in progress. There are lots of little meetings going on around the chamber. If you're not participating in the debate, I would ask that you be respectful and leave so that Senator Keneally can make her contribution in silence. Thank you.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>
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