This bill became law on Sep 20th, 2023.
Immigration, border & security
Australia now bars the head or deputy head of an intelligence agency from moving straight into the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. job, to strengthen the watchdog’s independence.
Gaps in the watchdog laws left some intelligence agencies, staff complaints, information-sharing and inspection powers without clear independent oversight, and raised concerns about the Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.’s independence. This bill expands complaint pathways, strengthens entry and information powers, improves complaint transfers, and bars recent agency heads or deputies from taking the watchdog job.
The Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. Act was written in 1986 for a smaller intelligence system, and as Australia’s intelligence community and integrity arrangements changed it left gaps around who could complain, how information could be shared, how inspections could be carried out and how independent the watchdog’s leadership appeared. The 2022 bill responded by modernising those oversight rules and, after Parliament passed it in September 2023, the changes became law to widen complaint pathways, tighten independence safeguards and give the Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. clearer practical powers.
The main criticism was that the bill was only a partial clean-up of intelligence oversight law, leaving out stronger safeguards, tighter appointment and post-employment rules, and broader watchdog coverage for some security agencies. These concerns were raised mainly by the Greens and some coalition speakers, but they stopped short of opposing the bill and instead pushed for amendments or further review.
Hon Mark Dreyfus KC, MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 20 Sept 2023
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
294 days
From introduction to the latest recorded parliamentary step
Meaning
Australia now bars the head or deputy head of an intelligence agency from moving straight into the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. job, to strengthen the watchdog’s independence.
People can now complain to the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. about the Defence Intelligence OrganisationA Defence intelligence agency brought within the watchdog's complaint system for issues like legality, propriety and human rights. or the Office of National IntelligenceThe agency that leads national intelligence analysis and coordination; the bill lets some of its staff take employment complaints to the watchdog. on legality, ministerial directions, propriety, human rights and discrimination issues.
Office of National IntelligenceThe agency that leads national intelligence analysis and coordination; the bill lets some of its staff take employment complaints to the watchdog. staff employed under the ONIThe agency that leads national intelligence analysis and coordination; the bill lets some of its staff take employment complaints to the watchdog. Act can now take pay, discipline, promotion and dismissal complaints to the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. for independent review.
The Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. now has clearer powers to enter agency premises, get help, access records and copy documents during inspections, with special overseas entry rules for ASISAustralia's overseas spying agency; the bill gives the watchdog special rules for entering its overseas sites during inspections. sites.
The law now makes it easier and safer to share information with the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. and to transfer complaints between oversight bodies, so complaints can be handled by the right watchdog without people starting again.
(3A) A person must not be appointed as Inspector‑General if the person is, or the person’s most recent position was, the head or a deputy head (however described) of an intelligence agency.Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 final Act text
New paragraphs 8(3)(a) and 8(3)(b) are similar to the existing paragraphs in the IGIS Act, but would allow the IGIS to inquire into certain matters in response to a complaint made by an Australian citizen or permanent resident (as defined in new subsection 8(3AA) inserted by item 21 of Schedule 1 of the Bill). Enabling the IGIS to consider complaints would provide greater consistency with IGIS’s functions across the agencies IGIS oversees, as well as reflecting the potential impact that analytical agencies such as DIO and ONI can have on Australian citizens or permanent residents.Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) explanatory memorandum
This item, in addition to the item 27 below, would amend subsection 8(6) to provide that the functions of the IGIS includes considering complaints made by ONI Act employees regarding promotion, termination of appointment, discipline, remuneration or any other matters relating to the individual’s employment within ONI.Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) explanatory memorandum
This item would amend section 9A by repealing and replacing subsection (2). New subsection (2) clarifies that when conducting an inspection of any intelligence agency (rather than just inspections in relation to AFP or ACIC), the IGIS, or a member of staff assisting the IGIS, are entitled to:Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) explanatory memorandum
The amendments to these Acts ensure that information that is protected by secrecy offences under respective legislation can be disclosed to IGIS officials performing duties or functions, or exercising powers, as IGIS officials. This supports the Inspector‑General’s oversight functions by ensuring IGIS officials have full access to information, and that persons are able to voluntarily disclose information to IGIS officials without breaching secrecy obligations.Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) explanatory memorandum
Context
The Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. Act was written in 1986 for a smaller intelligence system, and as Australia’s intelligence community and integrity arrangements changed it left gaps around who could complain, how information could be shared, how inspections could be carried out and how independent the watchdog’s leadership appeared. The 2022 bill responded by modernising those oversight rules and, after Parliament passed it in September 2023, the changes became law to widen complaint pathways, tighten independence safeguards and give the Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. clearer practical powers.
Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. watchdog law is created for an earlier intelligence system
The IGIS ActThe main law that sets up the watchdog and defines what it can do; the bill updates this older framework for modern intelligence agencies. was enacted in 1986 and was later described in Parliament as having been designed for a smaller agency environment and a different Commonwealth integrity framework.
Hansard ↗Government introduces a bill to modernise intelligence oversight
The Attorney-General introduced the bill, saying dedicated intelligence oversight matters because much intelligence work is secret and ordinary public accountability is therefore constrained.
Hansard ↗Government ties the bill to outstanding Richardson reviewThe review whose outstanding recommendations the government says this bill helps implement to modernise intelligence oversight. recommendations
During the House debate, the government said the bill would implement outstanding recommendations from the Richardson reviewThe review whose outstanding recommendations the government says this bill helps implement to modernise intelligence oversight. to strengthen the intelligence community’s oversight framework.
Hansard ↗House passes the bill
The House agreed to the bill at third reading, sending the proposed oversight changes to the Senate after accepting them in principle and detail.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, completing its parliamentary passage and clearing the way for the oversight changes to become law.
Parliamentary timeline ↗Royal Assent makes the oversight changes law
Royal Assent turned the bill into an Act, locking in broader complaint rights, stronger inspection powers and a new bar on recent agency heads or deputies becoming Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers..
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (09/02/2023): Parliamentary Joint Committee on Intelligence and SecurityThe parliamentary committee that reviews intelligence laws and oversight settings; speakers in the debate refer to its recommendations and role.; Committee report (20/03/2023)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main criticism was that the bill was only a partial clean-up of intelligence oversight law, leaving out stronger safeguards, tighter appointment and post-employment rules, and broader watchdog coverage for some security agencies. These concerns were raised mainly by the Greens and some coalition speakers, but they stopped short of opposing the bill and instead pushed for amendments or further review.
No party represented in the debate opposed the bill, but some support was conditional on stronger safeguards.
Reforms seen as incomplete
Critics argued the bill modernised the IGISAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. framework only in part and left important oversight reforms unfinished, including recommendations that should have been implemented more fully rather than selectively.
Need for stronger safeguards on powers and appointments
Proposed amendments show concern that the bill should have placed clearer limits on demands for information or attendance, tightened appointment rules, restricted some post-office paid work, and constrained use of outside contractors.
Risk of unintended consequences without closer scrutiny
Some coalition speakers said the national security changes were significant enough to justify careful committee scrutiny first, warning that poorly tested drafting could create unintended consequences even if the overall direction was supported.
Watchdog remit still too narrow
A recurring reservation was that the bill did not go far enough in expanding independent intelligence-style oversight to other agencies and related parts of the security system, leaving some accountability gaps in place.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
Senate
The Senate rejected Senator Shoebridge’s proposal on voices; it would have allowed consultants and contracted service providers only when suitably qualified APSThe federal public service, whose staff can sometimes be used instead of contractors in the proposed amendments discussed on the page. staff were not reasonably practicable.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate rejected Senator Thorpe’s proposal on voices; it would have added appointment limits, a reasonableness test for demanding information or attendance, and a five-year ban on certain paid work after leaving office.
Defeated on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Parliamentary debate
Start here — lead voices
Dreyfus supports the bill, saying it modernises and strengthens the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. so the office can better oversee intelligence agencies and give the public greater assurance about legality and propriety.
Read in Hansard ↗Jenny Ware supports the bill and says it modernises the IGIS ActThe main law that sets up the watchdog and defines what it can do; the bill updates this older framework for modern intelligence agencies., improves oversight and information sharing, and implements agreed review recommendations to preserve the Inspector-GeneralAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.'s independence.
Read in Hansard ↗Hill supports the bill and says it will strengthen oversight of intelligence agencies and update the inspector-generalAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.'s powers for modern circumstances.
Read in Hansard ↗Steele-John said the bill should be strengthened through Greens amendments on oversight, transparency and appointment rules.
Read in Hansard ↗All speeches by bloc
4 speakers · 6 contributions · 4 support
“I just want to put that on the record. I trust that the Attorney will be thinking about these issues carefully, as he does. It seems to be low-hanging fruit to remove some of those limitations. But, to the greatest extent that we can colour in that line—what I'd describe as perhaps a solid dotted line, not a faint dotted line and not necessarily a hard line, between the IGIS and the committee—I think the parliament's need for assurance over the agencies would be much better served. I commend the bill to the House.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Dreyfus supports the bill, saying it modernises and strengthens the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers. so the office can better oversee intelligence agencies and give the public greater assurance about legality and propriety. He presents the changes as needed to match contemporary national intelligence functions and close oversight gaps.
“This bill will enhance the Inspector-General's oversight of the agencies within its existing jurisdiction, ensuring Australia's oversight functions are commensurate with modern national intelligence community functions. This will provide the public with greater assurance that Australia's intelligence agencies are subject to robust oversight and integrity.”Read this contribution in Hansard ↗
Second reading speech
Dreyfus supports the bill, saying it updates the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.'s powers to match modern intelligence agency activity and strengthen oversight. He argues that strong oversight is part of national security and commends the bill to the House.
“As I was saying, this bill will enhance the inspector-general's oversight of the agencies within its existing jurisdiction, ensuring that Australian oversight functions are commensurate with the functions and powers of the intelligence agencies. Strong and effective oversight mechanisms do not stand in opposition to Australia's national security interests. They are best understood as an essential part of advancing them. To that end, this bill will bolster the ability of the Inspector-General of Intelligence and Security to provide effective oversight of intelligence agencies within its jurisdiction.”Read this contribution in Hansard ↗
“This legislation contributes to the government's longstanding commitment to ensure that oversight of Australia's intelligence agencies is commensurate with their responsibilities and powers—that is, ensuring that oversight of the agencies is fit for purpose. Australia's intelligence agencies play a critical role in keeping the Australian people safe and ensuring that Australia's national interests are safeguarded. Therefore, effective oversight of these agencies is crucial, and it is vital to building and maintaining trust in Australia's intelligence agencies.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Anthony Chisholm on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Chisholm supports the bill, saying it modernises and strengthens the Inspector-General of Intelligence and SecurityAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.’s oversight powers, information sharing and independence so intelligence agencies are subject to stronger accountability. He argues the changes are needed to bring the 1986 framework up to date and close oversight gaps.
“This Bill represents an important enhancement to the IGIS's existing oversight of Australia's intelligence agencies. Effective oversight is critical to building and maintaining trust in Australia's intelligence agencies and their important role, and ensuring that the Australian people have confidence in the activities that are pursued in their name.”Read this contribution in Hansard ↗
Second reading speech
Anthony Chisholm supports the bill, saying the inspector-generalAustralia's independent watchdog for intelligence agencies; this bill gives the office more complaint, inspection and information-sharing powers.'s powers need to modernise with changing intelligence and security agencies and that the bill will strengthen oversight to match those agencies' functions and powers.
“This bill will enhance the inspector-general's oversight of the agencies within its existing jurisdiction, ensuring that Australia's oversight functions are commensurate with the functions and powers of intelligence agencies.”Read this contribution in Hansard ↗
6 speakers · 5 support · 1 mixed
“We submit that it's appropriate for a parliamentary committee to give the bill scrutiny, and it will allow all of us in this place to understand the effect of the changes. It is a matter of good practice for due diligence. Australia's national security architecture is too important to simply change without carefully considering the consequences. The risk of unintended consequences is high. That is why we say this bill should be considered by a committee, and, subject to that committee inquiry, the coalition will support the measures of this bill.”Read the full speech in Hansard ↗
“To conclude, this bill updates the IGIS Act to bring it into line with modern drafting standards. Importantly, it also implements two recommendations, recommendations 172 and 174, of the Comprehensive Review of the Legal Framework of the National Intelligence Community, also known as the Richardson review. I note this was work done under the former coalition government. The two recommendations were agreed by the previous coalition government, and the provisions are to ensure that the IGIS is able to continue to act independently. For all of the reasons I've already stated, I commend this bill to the House.”Read the full speech in Hansard ↗
“As I said at the start of my remarks, many of the measures contained within this bill are measures that the coalition introduced back in 2020 in the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill, and we continue to support those measures in their current incarnation as they appear in this bill. To that end, the coalition will be supporting this bill.”Read the full speech in Hansard ↗
“We support this legislation. We also note other matters raised by the PJCIS, particularly the need for greater information sharing between the IGIS and the PJCIS and the need for expanded oversight of the PJCIS and the IGIS to cover the entirety of the national intelligence community.”Read the full speech in Hansard ↗
“From our position, we support this legislation. We also note other matters raised by PJCIS, particularly the need for greater information sharing, as a previous speaker alluded to; greater sharing of intelligence and matters between IGIS and PJCIS; and the need for an expanded oversight of the PJCIS and IGIS to cover of the entirety of the national intelligence committee.”Read the full speech in Hansard ↗
“As I've said, many of the measures contained in this bill are measures that the coalition introduced in the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020. The coalition support this bill. We can continue to support those measures as they're enacted through this bill, and I commend the bill to the House.”Read the full speech in Hansard ↗
2 speakers · 2 mixed
“The Committee recommends that, following implementation of the recommendations in this report, the Bill be passed by the Parliament.”Read the full speech in Hansard ↗
“At best, the bill partially implements those recommendations coming from the PJCIS. The Greens are of the view that some further amendment should be considered in the committee process that implements the PJCIS's recommendations in full—not partially implements them but implements them in full.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Parliamentary Joint Committee on Intelligence and Security; Committee report (20/03/2023)
Referred to committee
Referred to Committee (9 Feb 2023): Parliamentary Joint Committee on Intelligence and Security; Committee report (20 Mar 2023)
APH bill page notes
