National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
47

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Summary

Amends the: Acts Interpretation Act 1901, Australian Security Intelligence Organisation Act 1979 and Telecommunications (Interception and Access) Act 1979 to prohibit the conferral of certain powers of the Attorney-General upon another minister; Law Officers Act 1964 to remove the ability of the Attorney-General to delegate certain powers; Criminal Code Act 1995 to provide defences for four offences relating to tampering or interfering with telecommunications carrier facilities, unauthorised modification of data and unauthorised impairment of electronic communications; Intelligence Services Act 2001 to: amend the membership of the Parliamentary Joint Committee on Intelligence and Security; and provide that the minister may direct the Australian Secret Intelligence Service to undertake activities of a specific or general nature, or by way of a class or classes; Crimes Act 1914 to enable the Australian Security Intelligence Organisation (ASIO) to use, record and disclose spent convictions information; Inspector-General of Intelligence and Security Act 1986 and Public Interest Disclosure Act 2013 to provide annual reporting requirements in relation to public interest disclosures received by, and complaints made to, the Inspector-General of Intelligence and Security (IGIS); Ombudsman Act 1976 to remove six intelligence agencies from the Commonwealth Ombudsman’s jurisdiction; Freedom of Information Act 1982 to remove the exemption for documents relating to the non-intelligence functions of the Australian Hydrographic Office; Administrative Appeals Tribunal Act 1975 and Archives Act 1983 to require proceedings in relation to security records under the Archives Act 1983 to be heard in the Security Division of the Administrative Appeals Tribunal (AAT); and Freedom of Information Act 1982 and Archives Act 1983 to provide that the IGIS is obliged to provide evidence in proceedings only where the material in the proceedings relates to agencies the IGIS oversees.

Progress

House of Representatives
Introduced and read a first time 29 Mar 2023
Second reading moved 29 Mar 2023
Second reading debate 23 May 2023
Referred to Federation Chamber 23 May 2023
Second reading debate 25 May 2023
Second reading agreed to 25 May 2023
Reported from Federation Chamber 25 May 2023
Third reading agreed to 25 May 2023
Senate
Introduced and read a first time 13 Jun 2023
Second reading moved 13 Jun 2023
Second reading debate 03 Aug 2023
Second reading debate 07 Aug 2023
Second reading agreed to 07 Aug 2023
Committee of the Whole debate 07 Aug 2023
Third reading moved 07 Aug 2023
Third reading debated 07 Aug 2023
Third reading agreed to 07 Aug 2023
Finally passed both Houses 07 Aug 2023
Assent
  • Act no: 53
  • Year: 2023
11 Aug 2023

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

Senate

Schedules of amendments

No documents at present

Bills digest

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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