Terms of Reference

The inquiry was referred on 4 July 2019 by the Attorney-General to report back to both Houses of Parliament on the following matters:

The experiences of journalists and media organisations that have, or could become, subject to the powers of law enforcement or intelligence agencies performing their functions, and the impact of the exercise of those powers on journalists' work, including informing the public.

The reasons for which journalists and media organisations have, or could become, subject to those powers in the performance of the functions of law enforcement or intelligence agencies.

Whether any and if so, what changes could be made to procedures and thresholds for the exercise of those powers in relation to journalists and media organisations to better balance the need for press freedom with the need for law enforcement and intelligence agencies to investigate serious offending and obtain intelligence on security threats.

Without limiting the other matters that the Committee may consider, two issues for specific inquiry are:

whether and in what circumstances there could be contested hearings in relation to warrants authorising investigative action in relation to journalists and media organisations.

the appropriateness of current thresholds for law enforcement and intelligence agencies to access electronic data on devices used by journalists and media organisations.

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Terms of Reference

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