Advisory report on the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020

August 2021

© Commonwealth of Australia 2021
ISBN: 978-1-76092-250-4

View the report as a single document:

View the report as separate downloadable parts:

Terms of Reference

Members

Abbreviations

List of Recommendations

1. Introduction

  Conduct of the inquiry
  Report structure
  Relationship with concurrent PJCIS inquiries and other Acts
  The threat environment and general requirement for new powers
  The Bill

2. General discussion and common issues

  A new type of power
  Necessity and proportionality of the powers
  Applicable offences
  Assistance orders
  Oversight
  Judicial and merits review
  Parliamentary privilege

3. Data Disruption Warrants

  General comment on data disruption warrants
  Applications for data disruption warrants
  What a data disruption warrant authorises
  Extension and variation of data disruption warrant
  Revocation and discontinuance of access and disruption under warrant
  Emergency authorisation
  Extraterritoriality

4. Network Activity Warrants

  The requirement for the proposed legislation and the purpose of the powers
  Applications for network activity warrants
  Issuing authority
  Determining network activity warrant applications
  Relevant offences
  Emergency authorisations
  Duration, extension, revocation and variation of the warrants
  What a network activity warrant authorises
  Oversight, review and privacy

5. Account Takeover Warrants and Controlled Operations

  The requirement for the proposed legislation and the purpose of the power
  Applications for account takeover warrants
  What an account takeover warrant authorises
  Review and privacy
  Protection of account takeover technologies and methods
  Miscellaneous other changes

6. Committee comment

  Intelligence oversight and relationship with the Integrity Measures Bill
  Technology companies
  Submissions
  Mandate for disruption
  Issues related to all powers
  Data Disruption Warrants
  Network Activity Warrants
  Account Takeover Warrants

A. Submissions

B. Witnesses appearing at the Public Hearing

C. Relevant offences

  For the purposes of Network Activity and Data Disruption Warrants
  For the purposes of Account Takeover Warrants

Additional Comments by Labor Members

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Intelligence and Security
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 2360
Fax: +61 2 6277 4424
pjcis@aph.gov.au