Bill
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021
passed, as at 2022-04-01. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2021-11-25
- second reading — 2021-11-25
- second reading — 2022-03-30
- second reading — 2022-03-30
- third reading — 2022-03-30
- introduced — 2022-03-30
- second reading — 2022-03-30
- third reading — 2022-03-30
- passed — 2022-03-30
- royal assent — 2022-04-01
Divisions
- National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021 - Third Reading - Pass the bill — 2022-03-30, Senate: affirmative, ayes 42, noes 8
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2021-11-25.
The bill would let intelligence agency heads decide to collect intelligence on an Australian person overseas without a minister's prior approval when that person's safety is in immediate danger.
A new section 9D in the Intelligence Services Act would allow agency heads or their delegates to act without ministerial authorisation in emergencies where an Australian person outside Australia faces an imminent safety risk.
The change implements recommendation 52 of the Comprehensive Review and addresses situations such as hostage-taking or arbitrary detention overseas.
- Creates a new emergency authorisation power for intelligence agency heads to act without ministerial approval when an Australian person's safety is at imminent risk.
- Removes the requirement for ministerial or emergency authorisation in certain urgent overseas situations involving Australian persons.
- Applies to Australian persons located outside Australia.
Intelligence agencies covered by the Intelligence Services Act (ASIS, ASD and AGO) and Australian persons overseas whose safety is at imminent risk.
Sources
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billhome
frl act