This bill became law on Aug 10th, 2023.
Transport & communications
Australia’s security agencies can share intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. with extra people outside the usual approved recipients, if the Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used. has set any written purposes or conditions for that sharing.
A review found the law left too much uncertainty about who could receive and handle intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules., because approved recipients were not always known clearly enough. The bill replaces named-recipient approvals with Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used.-set purposes and conditionsThe new control mechanism in the bill, letting the Attorney-General say why the information may be shared and what limits apply., and lets authorised recipients use, share and record the information in their official duties.
Australia’s interception law already let agencies obtain foreign intelligence under warrant, but the government said the rules for who could receive, use and record that material were too unclear and could slow timely sharing needed to respond to threats such as malicious cyberactivity and terrorism. The 2023 bill replaced reliance on named recipients with Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used.-set purposes and conditionsThe new control mechanism in the bill, letting the Attorney-General say why the information may be shared and what limits apply., passed both houses within days, and became law on 10 August 2023 so agencies could keep handling foreign intelligence under a clarified legal basis.
The main criticism was that the bill widened ASIOAustralia's domestic security agency; on this page, it is the body that can receive, use and share foreign intelligence information under the bill.'s foreign intelligence sharing rules too far by letting information flow based on broad purposes instead of named recipients, which critics said could weaken accountability and scrutiny. That case was raised by the Greens rather than across parliament, and even their Senate contribution said the bill was fixable if tighter limits and a short sunset review were added.
Clare O'Neil MP introduced this bill. In the recorded Senate second-reading vote, support came from Labor, Liberal Party, One Nation, UAP, some crossbench members; opposition came from Greens.
Did it become law?
Yes
Became law 10 Aug 2023
Final passage
No counted final vote
1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.
Passage speed
3 days
From introduction to the latest recorded parliamentary step
Meaning
Australia’s security agencies can share intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. with extra people outside the usual approved recipients, if the Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used. has set any written purposes or conditions for that sharing.
People who receive this intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. under the new sharing power can pass it on, use it, and make records of it, allowing wider handling after the first disclosure.
People who already receive intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. can now use or share it only as part of their official job, instead of relying on a separate approval naming who may receive it.
These new rules apply to any sharing, use, or record-making that happens after the law starts, even if the intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. was originally collected before then.
communicate foreign intelligence information to another person (the second person), other than a person to whom the Director‑General could communicate the information under subsection (1) or 64(2).Telecommunications (Interception and Access) Amendment Act 2023 final Act text
(1B) The second person to whom the foreign intelligence information is communicated under subsection (1A), and any other person to whom that information is communicated under this subsection, may communicate it to another person, and use and make a record of it.Telecommunications (Interception and Access) Amendment Act 2023 final Act text
Omit “in accordance with subsection (1), or in accordance with an approval given under this subsection, may”, substitute “under subsection (1) may, in the proper performance or exercise of the person’s functions, duties or powers”.Telecommunications (Interception and Access) Amendment Act 2023 final Act text
The amendments made by this Schedule apply in relation to the communication, use or making of records of foreign intelligence information that occurs after the commencement of this Schedule, whether the foreign intelligence information was obtained from interceptions made before or after that commencement.Telecommunications (Interception and Access) Amendment Act 2023 final Act text
Context
Australia’s interception law already let agencies obtain foreign intelligence under warrant, but the government said the rules for who could receive, use and record that material were too unclear and could slow timely sharing needed to respond to threats such as malicious cyberactivity and terrorism. The 2023 bill replaced reliance on named recipients with Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used.-set purposes and conditionsThe new control mechanism in the bill, letting the Attorney-General say why the information may be shared and what limits apply., passed both houses within days, and became law on 10 August 2023 so agencies could keep handling foreign intelligence under a clarified legal basis.
Government says intelligence-sharing rules need urgent clarification
Introducing the bill, Minister Clare O'Neil said the Telecommunications (Interception and Access) Act 1979The main law the bill changes; it sets the rules for when intercepted communications can be obtained, handled and shared. needed clarification so foreign intelligence could be communicated, used and recorded quickly enough to help agencies respond to threats including malicious cyberactivity and terrorism.
Hansard ↗Bill introduced to replace named-recipient approvals with purpose-based sharing
The bill was introduced to shift from warrants naming specific recipients to a system where the Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used. sets permitted purposes and conditionsThe new control mechanism in the bill, letting the Attorney-General say why the information may be shared and what limits apply. for communicating intercepted foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules..
Parliamentary timeline ↗House passes the bill
The House agreed to the bill after debate, with speakers saying the change was intended to clarify existing information-sharing practices rather than create a new interception power.
Parliamentary timeline ↗Parliament passes the bill
After moving through the Senate, the bill passed both houses in the same form, clearing the way for the new sharing, use and record-making rules to become law.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. turned the bill into an Act, giving agencies a clarified legal basis for handling foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. after commencement.
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
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 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.
Recorded vote: 30 to 10.
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 AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main criticism was that the bill widened ASIOAustralia's domestic security agency; on this page, it is the body that can receive, use and share foreign intelligence information under the bill.'s foreign intelligence sharing rules too far by letting information flow based on broad purposes instead of named recipients, which critics said could weaken accountability and scrutiny. That case was raised by the Greens rather than across parliament, and even their Senate contribution said the bill was fixable if tighter limits and a short sunset review were added.
Criticism was limited and mostly focused on safeguards, review and drafting breadth rather than the bill's overall security aim.
Broader sharing powers could weaken accountability
Critics argued the bill lets ASIOAustralia's domestic security agency; on this page, it is the body that can receive, use and share foreign intelligence information under the bill. share intercepted foreign intelligence under a broad purposes test instead of restricting disclosure to specifically named recipients, increasing the risk of wider onward use with less clear accountability.
Not enough limits or review
The Greens said the bill should not pass in its drafted form without amendments to narrow the permitted purposes and add a short sunset clauseA rule that makes a law or power expire after a set time unless parliament renews it; critics wanted one here for extra review., so parliament would be forced to revisit whether the expanded sharing rules were justified and working safely.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not 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.
Passed 30 to 10. Support came from Labor, Liberal Party, One Nation, UAP, and minor parties and independents. Opposition came from Greens. Jacqui Lambie Network had split recorded votes.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 9 to 27. Support came from Greens. Opposition came from Labor, Liberal Party, Jacqui Lambie Network, Nationals, and minor parties and independents.
This left the government bill unchanged before final passage.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
O'Neil supports the bill, saying it clarifies how foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. can be communicated and used without expanding existing sharing practices.
Read in Hansard ↗Chandler-Mather says the Greens oppose the bill in its current form because it expands ASIOAustralia's domestic security agency; on this page, it is the body that can receive, use and share foreign intelligence information under the bill.'s information-sharing powers too broadly, replacing named recipients with a purposes test and weakening accountability.
Read in Hansard ↗James Paterson says the coalition will support the bill because it is a sensible, urgent fix that makes foreign intelligence sharing more workable for intelligence and law enforcement agencies while keeping safeguards and oversight in place.
Read in Hansard ↗Shoebridge says the Greens cannot support the bill as drafted, because it gives ASIOAustralia's domestic security agency; on this page, it is the body that can receive, use and share foreign intelligence information under the bill. broad information-sharing powers without strong enough limits or scrutiny.
Read in Hansard ↗All speeches by bloc
3 speakers · 4 contributions · 3 support
“The Bill clarifies the intended operation of certain provisions in the Telecommunications (Interception and Access) Act to ensure that foreign intelligence information can continue to be communicated to address threats to Australia's national security but only where appropriate.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Clare O'Neil on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
O'Neil supports the bill, saying it clarifies how foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. can be communicated and used without expanding existing sharing practices. She argues it is needed so agencies can keep protecting Australia, while remaining subject to safeguards and oversight.
“Schedule 1 of the bill clarifies the ability of agencies to communicate foreign intelligence information in accordance with the proper performance of their functions. These amendments ensure that the Attorney-General will be able to continue to approve the communication and use of foreign intelligence information.”Read this contribution in Hansard ↗
Second reading speech
O'Neil supports the bill and says it is a limited technical update that clarifies how foreign intelligence informationInformation collected under a foreign intelligence warrant that the bill lets agencies communicate, use and record under tighter legal rules. can be communicated without giving agencies any new powers. She says the existing safeguards remain in place, including Attorney-GeneralThe minister who can set the written purposes and conditions that limit how this information may be shared and used. approval, and thanks the opposition for its support.
“The bill does not grant any new powers or expand existing information practices in relation to foreign intelligence information. The bill clarifies the ability of agencies to communicate foreign intelligence information about threats to Australia, in accordance with the proper performance of their functions.”Read this contribution in Hansard ↗
“The bill clarifies the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions and ensures that foreign intelligence information can continue to be communicated and used in a manner that is appropriate to address threats to Australia's national security.”Read the full speech in Hansard ↗
2 speakers · 2 support
“The bill also includes a number of safeguards to ensure that foreign intelligence information is used and communicated in a controlled and targeted way. This includes ensuring that, where a person receives foreign intelligence information under the relevant parts of the T(IA) Act, it may only be communicated in line with the relevant agency's proper performance of functions, duties or powers and subject to any purposes specified or conditions imposed by the Attorney-General. Use of these provisions will remain subject to independent oversight by the Inspector-General of Intelligence and Security. The coalition thanks the government for the briefing that they provided on this bill, which illustrated the need for this amendment and the urgency that comes with it. We will always support sensible changes which ensure legislation is fit for purpose to enable the operations of our intelligence and law enforcement agencies, and we'll be supporting the passage of the bill.”Read the full speech in Hansard ↗
“The coalition will always support sensible changes which ensure that our legislation is fit for purpose, so that our intelligence agencies and the people who work in them can do their best to protect Australia and our national security. I thank the government for working with us on this, and we support this bill.”Read the full speech in Hansard ↗
2 speakers · 1 oppose · 1 mixed
“On balance we don't believe the bill should be supported without significant amendment, but we think it is fixable. We're not here simply to say, 'no, never', but we've looked at the bill and we think it's fixable. We are proposing to move two amendments to address the accountability gaps in the scheme and to implement some reasonable checks and balances.”Read the full speech in Hansard ↗
“On balance, we do not believe the bill should be supported without significant amendment. The Greens will be seeking to move amendments in the Senate to address the accountability gaps in the scheme proposed here and implement some reasonable checks and balances.”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 · 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 · 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 agreed to
Recorded vote: 30 to 10.
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 AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
