Submission to Inquiry into potential reforms of National Security Legislation (including Discussion Paper 'Equipping Australia Against Emerging and Evolving Threats')

Abstract

This submission focuses on selected proposals canvassed in Chapter Four 'Australian Intelligence Community Legislation Reform' of the Discussion Paper 'Equipping Australia Against Emerging And Evolving Threats'. Two important initial points can be made. The first point is that because of the enactment in 2011 of the 'Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011' (Cth) and the 'Intelligence Services Legislation Amendment Act 2011' (Cth), further amendments of the type proposed to the 'Australian Security Intelligence Organisation Act 1979' and the 'Intelligence Services Act 2001' in Categories A, B and C of the 'Terms of Reference - Inquiry Into Potential Reforms of National Security Legislation' will have larger, flow on consequences than can be immediately anticipated from the bare text of the present proposals circulated. This is because the 2011 legislative amendments to the 'Telecommunications Interception and Intelligence Services Legislation Amendment Act 2011' (Cth) and the 'Intelligence Services Legislation Amendment Act 2011' (Cth) generalize intelligence sharing and cooperative assistance across intelligence, law enforcement and government functions.