Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025
The PRESIDENT (14:27): The question now is that the amendments on sheets 3795, 3798, 3799, 3800 and 3816 be agreed to. Australian Greens ' circulated amendments— SHEET 3795 (1) Schedule 1, heading to Part 1, page 3 (line 2), at the end of the heading, add "and additional reporting". (2) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute: 1 Section 34JF Repeal the section, substitute: 34JF Periodic review of this Division Inspector-General to conduct reviews (1) The Inspector-General of Intelligence and Security must conduct periodic reviews of the operation, effectiveness and implications of this Division.
Timing of reviews (2) The first review must be completed before the end of 3 years after the commencement of this section. (3) Each later review must be completed before the end of 3 years after the completion of the previous review. Attorney to be given report of review (4) The Inspector-General of Intelligence and Security must give the Attorney-General a written report of the review.
Attorney to table report (5) The Attorney-General must cause a copy of the report of each review to be tabled in each House of the Parliament within 15 sitting days of that House after the Attorney-General receives the report. (3) Schedule 1, page 3 (after line 5), after item 1, insert: Inspector-General of Intelligence and Security Act 1986 1A After subsection 35(2C) Insert: (2CA) The Inspector-General must include in a report referred to in subsection (2) the Inspector-General's comments on any activity of the Inspector-General, during the period to which the report relates, relating to Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979. _____ SHEET 3798 (1) Schedule 1, page 5 (after line 22), after Part 3, insert: Part 3A — Appointment of judges as a prescribed authority to be preferred Australian Security Intelligence Organisation Act 1979 4A After subsection 34 AD( 1) Insert: (1A) In making appointments under subsection (1), the Attorney-General must prioritise and give preference to the appointment of persons mentioned in paragraph (a) of that subsection. _____ SHEET 3799 (1) Schedule 1, page 7 (after line 13), after Part 5, insert: Part 5A — Warnings before removal of lawyers Australian Security Intelligence Organisation Act 1979 6A Subsection 34 FF( 6) Repeal the subsection, substitute: Removal of lawyer for disrupting questioning (5A) If the prescribed authority considers the lawyer's conduct is unduly disrupting the questioning of the subject, the prescribed authority may give the lawyer a warning in relation to the conduct.
(6) If: (a) after giving the lawyer a warning under subsection (5A), the prescribed authority considers the lawyer's conduct continues to unduly disrupt the questioning of the subject; and (b) the prescribing authority is satisfied that removing the lawyer is the best way to deal with the disruption to the questioning; the prescribed authority may direct a person exercising authority under the warrant to remove the lawyer from the place where the questioning is occurring. _____ SHEET 3800 (1) Schedule 1, page 6 (after line 24), after Part 4, insert: Part 4A — Lawyer to be given copy of warrant Australian Security Intelligence Organisation Act 1979 5A Section 34FE (heading) Omit "may request", substitute "to be given". 5B Subsection 34 FE( 2) Omit ", if requested to do so by the lawyer,". 5C Subsection 34 FE( 3) Omit ", if requested to do so by the lawyer,". _____ SHEET 3816 (1) Schedule 1, page 7 (after line 13), after Part 5, insert: Part 5A — Lawyers cannot be removed Australian Security Intelligence Organisation Act 1979 6A Paragraph 34FA(2)(b) Omit "or subparagraph 34FF(7)(c)(iii)". 6B Subsections 34 FF( 6) and (7) Repeal the subsections.