Intelligence Services Legislation Amendment

Current status

This bill did not become law and is no longer proceeding.

Policy area

Immigration, border & security

What does this bill do?

Australia’s intelligence watchdog and the parliamentary intelligence committee would start overseeing the Australian Criminal Intelligence CommissionA federal crime-intelligence body that the bill would bring more clearly within intelligence oversight. and the intelligence work of the Australian Federal PoliceThe national police force, whose intelligence work would be more directly overseen under the bill., AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. and Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny..

Why was it introduced?

A comprehensive reviewThe major review that identified gaps in oversight and helped drive this bill. found gaps in oversight of intelligence work by the ACICA federal crime-intelligence body that the bill would bring more clearly within intelligence oversight., AFPThe national police force, whose intelligence work would be more directly overseen under the bill., AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. and Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny., and limits on the parliamentary committee’s review powers. The bill expands watchdog and committee oversight, lets the committee start its own reviews and seek IGISAustralia's intelligence watchdog, which checks whether intelligence agencies act lawfully and properly. investigations, and makes related secrecy, complaint and cyber-operation fixes.

Broader context

Before this bill, Australia’s intelligence oversight system did not fully cover the intelligence work of the ACICA federal crime-intelligence body that the bill would bring more clearly within intelligence oversight., AFPThe national police force, whose intelligence work would be more directly overseen under the bill., AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. and Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny., and the parliamentary intelligence committee could not begin its own reviews or directly seek Inspector-General investigations, even as ministers argued the country faced an unusually complex national security environment. The bill responded by widening watchdog and committee scrutiny, fixing secrecy and complaint pathways, and protecting some authorised offshore cyber activities, but it did not become law and lapsed when Parliament was dissolved on 28 March 2025.

Key criticism

No specific public criticism is captured in the collected bill sources. The page therefore does not infer a broader public case against the bill; the main unresolved point is procedural, because the PJCISThe parliamentary committee that scrutinises intelligence laws and agencies, and under this bill would have gained wider review powers. inquiry lapsed before reporting when the House was dissolved.

Who supported it?

Hon Mark Dreyfus KC, MP introduced this bill. Speeches supporting it came from Labor.

Introduced in House 22 June 2023
Failed in House 28 Mar 2025
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

645 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Australia’s intelligence watchdog and the parliamentary intelligence committee would start overseeing the Australian Criminal Intelligence CommissionA federal crime-intelligence body that the bill would bring more clearly within intelligence oversight. and the intelligence work of the Australian Federal PoliceThe national police force, whose intelligence work would be more directly overseen under the bill., AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. and Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny..

  2. The parliamentary intelligence committee would be able to start its own reviews of proposed counter-terrorism and national security law changesThe kinds of security laws the committee would have been able to start reviewing itself, including laws nearing expiry., including laws that are due to expire.

  3. The parliamentary intelligence committee would be able to ask the Inspector-General of Intelligence and SecurityAustralia's intelligence watchdog, which checks whether intelligence agencies act lawfully and properly. to investigate whether intelligence operations were lawful and proper, but not to handle an individual complaint.

  4. People could give protected informationSensitive material that people could pass to IGIS staff for oversight work without breaching secrecy laws. to Inspector-General staff for oversight work without breaking secrecy laws, and complaints about AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. or Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny. could be passed to the oversight body best placed to deal with them.

  5. Defence officials and some others would be protected from civil or criminal liabilityLegal responsibility that the bill would have limited for some authorised cyber actions carried out outside Australia. for certain authorised cyber actions aimed outside Australia.

Show source excerpts
  1. The Bill would amend the Intelligence Services Act 2001 (IS Act) and the Inspector‑General of Intelligence and Security Act 1986 (IGIS Act) to ensure holistic and robust oversight of all ten NIC agencies. The Bill would expand the jurisdictions of the IGIS and PJCIS to include four additional agencies: the ACIC, AFP, AUSTRAC 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 would also provide an own‑motion power to the PJCIS to review certain legislation and a requirement that the IGIS and the Director‑General of National Intelligence provide briefings to the Committee.
    Intelligence Services Legislation Amendment explanatory memorandum
  2. Provide that the PJCIS may, at its own initiative, review proposed reforms to counter‑terrorism and national security legislation, and all such expiring legislation.
    Intelligence Services Legislation Amendment explanatory memorandum
  3. New subsection 29(2A) would provide that the PJCIS may, by resolution, request the IGIS to inquire into a matter (whether or not the functions of the PJCIS include reviewing the matter) under section 8AA of the IGIS Act, if the matter:
    Intelligence Services Legislation Amendment explanatory memorandum
  4. Make consequential amendments to ensure that information that is protected by secrecy offences under relevant legislation can be disclosed to IGIS officials performing duties or functions, or exercising powers, as IGIS officials. These amendments would allow for the transfer of complaints regarding AUSTRAC and Home Affairs between the IGIS and other integrity bodies to facilitate effective consideration of those complaints by the appropriate body.
    Intelligence Services Legislation Amendment explanatory memorandum
  5. Amend the Criminal Code to introduce an exemption from civil and criminal liability for defence officials and others, for certain computer related conduct connected to an effect outside Australia.
    Intelligence Services Legislation Amendment explanatory memorandum

Broader context for this bill

Before this bill, Australia’s intelligence oversight system did not fully cover the intelligence work of the ACICA federal crime-intelligence body that the bill would bring more clearly within intelligence oversight., AFPThe national police force, whose intelligence work would be more directly overseen under the bill., AUSTRACThe agency that tracks suspicious financial activity, and whose intelligence-related work would come under stronger oversight. and Home AffairsThe Commonwealth department responsible for border, security and some intelligence-related functions, which the bill would also place under broader scrutiny., and the parliamentary intelligence committee could not begin its own reviews or directly seek Inspector-General investigations, even as ministers argued the country faced an unusually complex national security environment. The bill responded by widening watchdog and committee scrutiny, fixing secrecy and complaint pathways, and protecting some authorised offshore cyber activities, but it did not become law and lapsed when Parliament was dissolved on 28 March 2025.

  1. 22 June 2023

    Bill introduced to expand intelligence oversight

    The bill was introduced to extend IGISAustralia's intelligence watchdog, which checks whether intelligence agencies act lawfully and properly. and parliamentary committee scrutiny to more agencies, let the committee initiate some reviews, and make related secrecy, complaint and cyber-operation changes.

    Parliamentary timeline ↗
  2. 22 June 2023

    Second reading debate opens on the bill

    Opening debate in the House set out the government’s case that oversight gaps and limits on committee powers should be fixed through this package.

    Parliamentary timeline ↗
  3. 22 June 2023

    Government says Australia faces unprecedented security threats

    In his second reading speech, the Attorney-General said the national security environment was 'complex, challenging and changing', framing the push to strengthen oversight and related intelligence laws.

    Hansard ↗
  4. 28 Mar 2025

    Bill lapses when Parliament is dissolvedThe point when Parliament ends before an election, which caused this bill to lapse before it became law.

    Because the bill had not completed its passage before dissolution, the proposed expansion of intelligence oversight and related protections did not take effect.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 22 June 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 22 June 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Intelligence and Security review 26 July 2023

The bill was referred to the Parliamentary Joint Committee on Intelligence and SecurityThe parliamentary committee that scrutinises intelligence laws and agencies, and under this bill would have gained wider review powers.. The inquiry later lapsed when the House was dissolved on 28 Mar 2025.

Referred to committee

APH bill page notes
Human Rights review 02 Aug 2023

Considered in Report 10 of 2023.

Considered by scrutiny committee

APH bill page notes
Scrutiny of Bills review 02 Aug 2023

Considered in Scrutiny Digest 10 of 2023.

Considered by scrutiny committee

APH bill page notes
Lapsed at dissolution 28 Mar 2025

The bill reached this recorded parliamentary step.

The main case against this bill

No specific public criticism is captured in the collected bill sources. The page therefore does not infer a broader public case against the bill; the main unresolved point is procedural, because the PJCISThe parliamentary committee that scrutinises intelligence laws and agencies, and under this bill would have gained wider review powers. inquiry lapsed before reporting when the House was dissolved.

The collected corpus supports the government case for stronger intelligence oversight but does not establish a verified public opposition case.

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 22 June 2023

Dreyfus supports the bill and says it is needed to give the intelligence oversight bodies wider coverage and better information so they can scrutinise the whole National Intelligence CommunityThe group of intelligence and security agencies covered by the bill's oversight changes..

Read in Hansard ↗

All speeches by bloc

Labor

1 speaker · 1 support

Full record

Full chat