edited
29th Dec 2023
Telecommunications (Interception and Access) Amendment Bill 2023 - in Committee - Safeguard on sharing information
Not passed by a modest majority
No rebellions 47% attendance
9th Aug 2023, 10:45 AM – Senate Telecommunications (Interception and Access) Amendment Bill 2023 - Second Reading - Agree with the bill's main idea
Summary
EditThe majority vote in favour of a motion to agree with the bill's main idea. In parliamentary jargon, they voted to read it a second time. This means that they can now consider it in greater detail.
What does this bill do?
According to the explanatory memorandum for the bill:
The Bill amends sections 65 and 137 of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to ensure information obtained under section 11A, 11B and 11C warrants (‘foreign intelligence information’) can be communicated, used and recorded to protect Australia’s national security.
Schedule 1 of the Bill will clarify the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions. Foreign intelligence information obtained under the relevant warrants plays a critical role in enabling intelligence agencies to identify threats to Australia’s national security. The communication and use of such information is critical to identifying and mitigating those threats. These amendments ensure that the Attorney-General can continue to approve the communication and use of foreign intelligence information in a manner that is appropriate to address threats to Australia’s national security.
The Bill does not seek to alter or expand the information that may be intercepted under foreign intelligence warrants under sections 11A, 11B or 11C. Rather, review and consideration of the provisions has identified the need for greater certainty about the sharing of foreign intelligence information. The amendments would replace the requirement for the Attorney-General to approve the persons who can receive the information, as this may not be known with sufficient certainty. Instead, the amendments will allow the Attorney-General to limit the communication and use of such information by specifying purposes, or imposing conditions.
The Bill includes a number of critical safeguards to ensure that foreign intelligence information is used and communicated in a controlled and targeted manner. This includes that where a person receives foreign intelligence information under subsection 65(1) or 137(1) of the TIA Act, it may only be communicated in the proper performance of functions, duties or powers, and subject to any purposes specified, or any conditions imposed, by the Attorney-General.
Note that an explanatory memorandum is a political document that is prepared by the party who proposed the bill into parliament, so should be read with that in mind.
Votes Passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (82% turnout) | 0 Yes – 9 No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Barbara Pocock SA | No | |
| Janet Rice Victoria | No | |
| David Shoebridge NSW | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Penny Allman-Payne Queensland | Absent | |
| Jordon Steele-John WA | Absent | |
| Australian Labor Party (84% turnout) | 21 Yes – 0 No | |
| Tim Ayres NSW | Yes | |
| Catryna Bilyk Tasmania | Yes | |
| Carol Brown Tasmania | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Raff Ciccone Victoria | Yes | |
| Don Farrell SA | Yes | |
| Nita Green Queensland | Yes | |
| Karen Grogan SA | Yes | |
| Jenny McAllister NSW | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Deborah O'Neill NSW | Yes | |
| Fatima Payman WA | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Tony Sheldon NSW | Yes | |
| Marielle Smith SA | Yes | |
| Glenn Sterle WA | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Jess Walsh Victoria | Yes | |
| Murray Watt Queensland | Yes | |
| Linda White Victoria | Yes | |
| Patrick Dodson WA | Absent | |
| Katy Gallagher ACT | Absent | |
| Jana Stewart Victoria | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Absent | |
| Andrew McLachlan SA Deputy President | Absent | |
| David Pocock ACT Independent | Yes | |
| Lidia Thorpe Victoria Independent | Absent | |
| David Van Victoria Independent | Absent | |
| Jacqui Lambie Network (100% turnout) | 1 Yes – 1 No | |
| Tammy Tyrrell Tasmania | Yes | |
| Jacqui Lambie Tasmania | No | |
| Liberal National Party (0% turnout) | Absent | |
| Matthew Canavan Queensland | Absent | |
| James McGrath Queensland | Absent | |
| Liberal Party (22% turnout) | 5 Yes – 0 No | |
| Claire Chandler Tasmania | Yes | |
| Richard Colbeck Tasmania | Yes | |
| Sarah Henderson Victoria | Yes | |
| Matt O'Sullivan WA | Yes | |
| James Paterson Victoria | Yes | |
| Alex Antic SA | Absent | |
| Wendy Askew Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Andrew Bragg NSW | Absent | |
| Slade Brockman WA | Absent | |
| Michaelia Cash WA | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| David Fawcett SA | Absent | |
| Hollie Hughes NSW | Absent | |
| Jane Hume Victoria | Absent | |
| Maria Kovacic NSW | Absent | |
| Kerrynne Liddle SA | Absent | |
| Marise Payne NSW | Absent | |
| Gerard Rennick Queensland | Absent | |
| Linda Reynolds WA | Absent | |
| Anne Ruston SA | Absent | |
| Paul Scarr Queensland | Absent | |
| Dean Smith WA | Absent | |
| National Party (0% turnout) | Absent | |
| Ross Cadell NSW | Absent | |
| Perin Davey NSW | Absent | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (50% turnout) | 1 Yes – 0 No | |
| Malcolm Roberts Queensland | Yes | |
| Pauline Hanson Queensland | Absent | |
| Sue Lines WA President | Absent | |
| Ralph Babet Victoria United Australia Party | Yes | |
| Totals (53% turnout) | 30 Yes – 10 No |
Turnout is the percentage of members eligible to vote that did vote.