List of recommendations

4.25The Committee recommends that the Explanatory Memorandum for the Bill be amended to make clear that ‘adult questioning matters’ as defined in section 34A of the Australian Security Intelligence Organisation Act 1979 do not extend to the carrying out of Australia’s responsibilities to any foreign country in relation to those matters.

4.30The Committee recommends that the Inspector-General of Intelligence and Security (IGIS) continue to include in its annual report specific comments on its oversight activity in relation to compulsory questioning warrants; and that the IGIS brief the Committee on this matter annually as part of the Committee’s Administration and Expenditure review process.

4.38The Committee recommends that the Australian Security Intelligence Organisation Act 1979 be amended so that where the prescribed authority directs the removal of the lawyer of a person subject to a compulsory questioning warrant, the prescribed authority must provide written advice (subject to clearance by ASIO for classified information) to the lawyer within a reasonable period specifying the grounds for the decision.

4.43The Committee recommends that section 34AD of the Australian Security Intelligence Organisation Act 1979 be amended to incorporate a tiered approach to the eligibility requirements for prescribed authorities, under which the President or Deputy President of the Administrative Review Tribunal, or a King’s Counsel or Senior Counsel, may only be appointed where no former superior court judge is available.

4.48The Committee recommends that, subject to the recommendations in this report, the Australian Security Intelligence Organisation Amendment Bill (No. 2) be passed by Parliament.