House of Representatives Committees

| Parliamentary Joint Committee on Intelligence and Security

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Report of the inquiry into potential reforms of Australia's national security legislation

24 June 2013

View the report as a single document - (PDF 6676KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 233KB)
Foreword Membership of the Committee Committee Secretariat Terms of reference List of abbreviations List of recommendations Glossary

Chapter 1 Introduction	(PDF 86KB)
Background to the inquiry Conduct of the inquiry Structure of the report Chapter Two Chapter Three Chapter Four Chapter Five Appendices

Chapter 2 Telecommunications Interception	(PDF 430KB)
Strengthening the safeguards and privacy protections The legislation’s privacy protection objective The proportionality tests for issuing warrants Mandatory record-keeping standards Oversight arrangements by the Commonwealth and State Ombudsmen Reforming the lawful access regime for agencies Reducing the number of agencies eligible to access communications information Standardise warrant tests and thresholds Expanding the basis of interception activities Streamlining and reducing complexity Simplifying the information sharing provisions that allow agencies to cooperate Removing legislative duplication A single warrant with multiple telecommunications interception powers Modernising the cost sharing framework Align industry interception assistance with industry regulatory policy Clarify ACMA’s regulatory and enforcement role Requirements for industry interception obligations Clarify that the interception regime includes ancillary service providers Industry participation model An offence for failure to assist in the decryption of communications Institute industry response timelines Revision of the interception regime

Chapter 3 Telecommunications security	(PDF 216KB)
Issues raised in evidence Information sharing and compliance auditing Remediation powers and a penalty regime Other considerations Committee comment

Chapter 4 Australian Intelligence Community Legislation Reform	(PDF 428KB)
Proposals the Government wishes to progress ASIO Act warrant proposals ASIO Act employment provisions Intelligence Services Act – Clarifying the authority of the Defence Imagery and Geospatial Organisation Matters the Government is considering Creation of an authorised intelligence operations scheme Named person warrants Surveillance devices – use of optical devices Person searches Authorisation lists for warrants Clarifying ASIO’s ability to co-operate with private sector Identifying ASIO officers Matters on which the Government expressly seeks the Committee’s views – ASIO Act amendments Incidental entry onto premises Use of force Evidentiary certificates Matters on which the Government expressly seeks the Committee’s views – Intelligence Services Act amendments Section 9 – Ministerial authorisations Section 13A – Co-operation with intelligence agencies ASIS co-operation on self-defence and weapons training Concluding comment

Chapter 5 Data Retention	(PDF 387KB)
Introduction The current regime The international experience Responses to data retention Privacy and civil liberties Security Feasibility and efficacy Cost Committee comment

Appendix A – List of submissions	(PDF 63KB)

Appendix B – List of exhibits	(PDF 57KB)

Appendix C – Witnesses who appeared at public hearings	(PDF 64KB)

Appendix D – Witnesses who appeared at private hearings	(PDF 52KB)

Appendix E – Discussion paper	(PDF 672KB)

Appendix F – Letter from Attorney-General the Hon Nicola Roxon MP to the Hon Anthony Byrne MP	(PDF 2516KB)

Appendix G – Letter from Mr Roger Wilkins AO, Secretary of the Attorney-General’s Department, to the Hon Anthony Byrne MP	(PDF 981KB)

Appendix H – Telecommunications data provided to law enforcement and national security agencies by Telstra	(PDF 1200KB)