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| 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

© Commonwealth of Australia 2013
ISBN 978-1-74366-083-6 (Printed version)
ISBN 978-1-74366-084-3 (HTML version)

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

View the report as separate downloadable parts:

Preliminary Pages (PDF 233KB)

Membership of the Committee
Committee Secretariat
Terms of reference
List of abbreviations
List of recommendations

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

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)

The current regime
The international experience
Responses to data retention
Privacy and civil liberties
Feasibility and efficacy
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)

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