Intelligence Services Legislation Amendment Bill 2023

High-Level Summary
The Intelligence Services Legislation Amendment Bill 2023 aims to enhance oversight and accountability of Australia's intelligence community by expanding the jurisdiction of the Inspector-General of Intelligence and Security (IGIS) and the Parliamentary Joint Committee on Intelligence and Security (PJCIS) to include additional agencies. The bill also strengthens the relationship between oversight bodies and introduces new powers for the PJCIS.

Summary
The bill amends the Intelligence Services Act 2001 and the Inspector-General of Intelligence and Security Act 1986 to expand the oversight jurisdiction of the IGIS and PJCIS to include the Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), Australian Transaction Reports and Analysis Centre (AUSTRAC), and the Department of Home Affairs. From the explanatory memorandum:
The Bill would expand the jurisdictions of the IGIS and PJCIS to oversee the ACIC, and the intelligence functions of AUSTRAC, AFP and Home Affairs. It would also strengthen the relationship between the PJCIS, the IGIS and the Independent National Security Legislation Monitor (INSLM), and provide the PJCIS with a power to request the IGIS conduct an inquiry, complementing the Committee’s existing ability to request that the INSLM undertake a review.
The bill includes consequential amendments to various acts to support these changes and clarifies the complaints jurisdiction of the IGIS. It also introduces an exemption from liability for certain conduct by defense officials related to computer activities outside Australia.

Argument For
Normative Bases
  1. Pro-Democracy
  2. National Security

The bill should be supported because it enhances democratic oversight of intelligence agencies, thereby increasing transparency and accountability. By expanding the jurisdictions of the IGIS and PJCIS, the bill ensures that more agencies are subject to rigorous scrutiny, which is crucial for maintaining public trust in intelligence operations [Judgment]. The inclusion of additional agencies under oversight promotes a more comprehensive approach to monitoring, reducing the risk of abuses of power and ensuring that intelligence activities align with national security objectives and civil liberties [Judgment]. Furthermore, the bill strengthens the mechanisms for intelligence oversight, which is crucial for adapting to emerging security threats while respecting human rights.


Argument Against
Normative Bases
  1. Propertarianism
  2. Non-Discrimination

The bill should be opposed because expanding oversight to include additional agencies could lead to bureaucratic inefficiencies and potential overreach. The increased scrutiny might hinder the operational effectiveness of intelligence agencies by creating additional layers of compliance and reporting requirements that could slow down critical operations [Judgment]. Additionally, there is a concern that the expanded oversight might inadvertently infringe on individual privacy rights and lead to the misuse of sensitive information, particularly in cases involving financial or personal data collected by AUSTRAC and Home Affairs [Judgment]. Finally, the exemption from liability for defense officials could set a precedent for reduced accountability in military operations, potentially affecting civil liberties.


Date:

2023-06-22

Status:

Not Proceeding

Sponsor:

Unspecified

Portfolio:

Attorney-General

Categories:

National Security, Democratic Institutions, Criminal Law Reform

Timeline:
22/06/2023
28/03/2025

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