INTELLIGENCE SERVICES ACT 2001 - SECT 29 Functions of the Committee

INTELLIGENCE SERVICES ACT 2001 - SECT 29

  (1)   The functions of the Committee are:

  (a)   to review the administration and expenditure of ASIO, ASIS, AGO, DIO, ASD and ONI, including the annual financial statements of ASIO, ASIS, AGO, DIO, ASD and ONI; and

  (b)   to review any matter in relation to ASIO, ASIS, AGO, DIO, ASD or ONI referred to the Committee by:

  (i)   the responsible Minister; or

  (ia)   the Attorney - General; or

  (ii)   a resolution of either House of the Parliament; and

  (baa)   to monitor and to review the performance by the AFP of its functions under Part   5.3 of the Criminal Code ; and

  (bab)   to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the AFP or connected with the performance of its functions under Part   5.3 of the Criminal Code to which, in the opinion of the Committee, the attention of the Parliament should be directed; and

  (bac)   to inquire into any question in connection with its functions under paragraph   (baa) or (bab) that is referred to it by either House of the Parliament, and to report to that House upon that question; and

  (bb)   to review, by 7   January 2021, the operation, effectiveness and implications of the following:

  (i)   Division   3A of Part   IAA of the Crimes Act 1914 (which provides for police powers in relation to terrorism) and any other provision of the Crimes Act 1914 as it relates to that Division;

  (ii)   Divisions   104 and 105 of the Criminal Code (which provide for control orders and preventative detention orders in relation to terrorism) and any other provision of the Criminal Code Act 1995 as it relates to those Divisions; and

  (bbaaa)   to commence a review, within the period of 12 months after the Independent National Security Legislation Monitor completes a review under subsection   6(1C) of the Independent National Security Legislation Monitor Act 2010 , into the operation, effectiveness and implications of Division   105A of the Criminal Code (which provides for post - sentence orders in relation to terrorism) and any other provision of the Criminal Code Act 1995 as it relates to that Division; and

  (bbaa)   if the Committee resolves to do so--to review, by 7   January 2024, the operation, effectiveness and proportionality of sections   119.2 and 119.3 of the Criminal Code (which provide for declared areas in relation to foreign incursion and recruitment); and

  (bba)   to monitor and review:

  (i)   the performance by the AFP of its functions under Division   3A of Part   IAA of the Crimes Act 1914 ; and

  (ii)   the basis of the Minister's declarations of prescribed security zones under section   3UJ of that Act; and

  (bc)   to conduct the review under section   187N of the Telecommunications (Interception and Access) Act 1979 ; and

  (bcaa)   if the Committee resolves to do so--to commence, as soon as practicable after the fourth anniversary of the day the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 receives the Royal Assent, a review of the operation, effectiveness and implications of the amendments made by Schedules   1, 2 and 3 to that Act; and

  (bca)   to review, by 30   September 2020, the operation of the amendments made by the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 and to give a written report of the review to the Minister administering the Telecommunications (Interception and Access) Act 1979 ; and

  (bd)   subject to subsection   (5), to review any matter that:

  (i)   relates to the retained data activities of ASIO; and

  (ii)   is included, under paragraph   94(2A)(c), (d), (e), (f), (g), (h), (i) or (j) of the Australian Security Intelligence Organisation Act 1979 , in a report referred to in subsection   94(1) of that Act; and

  (be)   subject to subsection   (5), to review any matter that:

  (i)   relates to the retained data activities of the AFP in relation to offences against Part   5.3 of the Criminal Code ; and

  (ii)   is set out, under paragraph   186(1)(e), (f), (g), (h), (i), (j) or (k) of the Telecommunications (Interception and Access) Act 1979 , in a report under subsection   186(1) of that Act; and

  (bf)   to commence, by the earlier of the following:

  (i)   the fifth anniversary of the day on which Schedule   1 to the Telecommunications (Interception and Access) Act 1979 commences;

  (ii)   the third anniversary of the day on which the first designated international agreement (within the meaning of that Schedule) enters into force for Australia;

    a review of the operation, effectiveness and implications of that Schedule; and

  (ca)   to commence, by the third anniversary of the day the Australian Citizenship Amendment (Citizenship Cessation) Act 2020 commenced, a review of the operation, effectiveness and implications of Subdivision C of Division   3 of Part   2 of the Australian Citizenship Act 2007 (citizenship cessation determinations) and any other provision of that Act as far as it relates to that Subdivision; and

  (cb)   if the Committee resolves to do so--to commence a review, after the Independent National Security Legislation Monitor completes the review under subsection   6(1F) of the Independent National Security Legislation Monitor Act 2010 , into the operation, effectiveness and implications of:

  (i)   Subdivision C of Division   3 of Part   2 of the Australian Citizenship Act 2007 (which deals with citizenship cessation); and

  (ii)   any other provision of that Act as far as it relates to that Subdivision; and

  (cc)   to review, by the end of the period of 3 years beginning on the day the Counter - Terrorism (Temporary Exclusion Orders) Act 2019 commenced, the operation, effectiveness and implications of that Act; and

  (cd)   to monitor and review the exercise of powers under the Counter - Terrorism (Temporary Exclusion Orders) Act 2019 by the Minister administering that Act; and

  (ce)   if the Committee resolves to do so--to commence, by 7   September 2023, a review of the operation, effectiveness and implications of Division   3 of Part   III of the Australian Security Intelligence Organisation Act 1979 ; and

  (cf)   to commence, by the second anniversary of the commencement of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 , a review of the operation, effectiveness and implications of the amendments made by Schedule   1 to that Act; and

  (cg)   to review the privacy rules made under section   15 of this Act; and

  (ch)   to review the privacy rules made under section   41C of this Act; and

  (ci)   to review the privacy rules made under section   53 of the Office of National Intelligence Act 2018 ; and

  (c)   to report the Committee's comments and recommendations to each House of the Parliament, to the responsible Minister and to the Attorney - General.

  (2)   The Committee may, by resolution, request the responsible Minister or the Attorney - General to refer a matter in relation to the activities of ASIO, ASIS, AGO, DIO, ASD or ONI (as the case may be) to the Committee, and the Minister or the Attorney - General may, under paragraph   (1)(b), refer that matter to the Committee for review.

  (3)   The functions of the Committee do not include:

  (aa)   reviewing anything done by ONI in its leadership of the national intelligence community, to the extent that it involves prioritising national intelligence priorities and requirements, and allocating resources accordingly, in relation to:

  (i)   an intelligence agency (as defined by subsection   4(1) of the Office of National Intelligence Act 2018 ); or

  (ii)   an agency with an intelligence role or function (as defined by subsection   4(1) of that Act); or

  (ab)   reviewing anything done by ONI in its leadership of the national intelligence community, to the extent that it relates to:

  (i)   an intelligence agency (as defined by subsection   4(1) of the Office of National Intelligence Act 2018 ) and a matter that would otherwise be covered by any of the following paragraphs of this subsection; or

  (ii)   an agency with an intelligence role or function (as defined by subsection   4(1) of that Act) and a matter that would otherwise be covered by any of the following paragraphs of this subsection if those paragraphs applied to the agency; or

  (a)   reviewing the intelligence gathering and assessment priorities of ASIO, ASIS, AGO, DIO, ASD or ONI; or

  (b)   reviewing the sources of information, other operational assistance or operational methods available to ASIO, ASIS, AGO, DIO, ASD or ONI; or

  (c)   reviewing particular operations that have been, are being or are proposed to be undertaken by ASIO, ASIS, AGO, DIO or ASD; or

  (d)   reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or

  (e)   reviewing an aspect of the activities of ASIO, ASIS, AGO, DIO, ASD or ONI that does not affect an Australian person; or

  (f)   reviewing compliance by ASIS, AGO and ASD with the privacy rules made under section   15 of this Act; or

  (faa)   reviewing compliance by DIO with the privacy rules made under section   41C of this Act; or

  (fa)   reviewing compliance by ONI with the privacy rules made under section   53 of the Office of National Intelligence Act 2018 ; or

  (g)   conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONI, AFP or the Immigration and Border Protection Department; or

  (h)   reviewing the content of, or conclusions reached in, assessments or reports made by DIO or ONI, or reviewing sources of information on which such assessments or reports are based; or

  (i)   reviewing anything done by ONI in carrying out the evaluation functions mentioned in section   9 of the Office of National Intelligence Act 2018 ; or

  (j)   reviewing sensitive operational information or operational methods available to the AFP; or

  (k)   reviewing particular operations or investigations that have been, are being or are proposed to be undertaken by the AFP.

Note:   For Australian person see section   3.

  (4)   Subject to subsection   (5), paragraphs   (3)(c) and (k) do not apply to things done in the performance of the Committee's functions under paragraphs   (1)(bd) and (be).

  (5)   The Committee's functions under paragraphs   (1)(bd) and (be):

  (a)   are to be performed for the sole purpose of assessing, and making recommendations on, the overall operation and effectiveness of Part   5 - 1A of the Telecommunications (Interception and Access) Act 1979 ; and

  (b)   do not permit reviewing the retained data activities of service providers; and

  (c)   may not be performed for any purpose other than that set out in paragraph   (a).

Note:   The performance of the Committee's functions under paragraphs   (1)(bd) and (be) are also subject to the requirements of Schedule   1.