More secrecy, less scrutiny
Critics argued the bill put too much weight on secrecy by expanding identity-protection and related offences, risking weaker public scrutiny of intelligence agencies and more barriers to accountability.
This bill became law on May 21st, 2024.
Immigration, border & security
People affected by ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. security advice on parole, firearms licences or security guard licences now get the same formal notice and review rights that already apply to other security assessmentASIO's formal check on whether a person may pose a security risk, which can affect decisions like parole, firearms and security guard licences. decisions.
Gaps in ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. law left parole, firearms and security guard decisions without the usual notice and review rights, let urgent risks outpace full assessments, and left long assessment delays and online identity disclosures poorly covered. The bill expands review rights, lets ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. issue temporary warnings, requires 12-month delay notices to the Inspector-General, and updates identity protections and offences.
After the Richardson comprehensive review of intelligence laws was released in December 2020, parts of the existing ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. framework still left parole, firearms and security guard decisions outside the usual notice and review system, gave limited ways to act on urgent security risks before a full assessment, and did not fully reflect modern online identity disclosures or long assessment delays. The 2023 bill was introduced to implement 12 review recommendations and close those gaps, then passed Parliament in May 2024 so ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates., other agencies and oversight bodies could use the updated powers and protections.
The main criticism was that the bill tightened secrecy and identity-protection rules in ways critics said would make intelligence agencies harder to scrutinise and could further deter whistleblowers or limit accountability. That case was raised mainly by Greens senators and was not shared by the major parties, with some Greens members backing parts of the bill only if stronger oversight changes were made.
Clare O'neil MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 21 May 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
173 days
From introduction to the latest recorded parliamentary step
Meaning
People affected by ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. security advice on parole, firearms licences or security guard licences now get the same formal notice and review rights that already apply to other security assessmentASIO's formal check on whether a person may pose a security risk, which can affect decisions like parole, firearms and security guard licences. decisions.
State agencies and Commonwealth agencies can act on urgent temporary ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. warnings before a full security assessmentASIO's formal check on whether a person may pose a security risk, which can affect decisions like parole, firearms and security guard licences. arrives, including to block access to secure places or suspend parole, firearms or security guard decisions.
ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. must notify the Inspector-General of Intelligence and SecurityThe independent oversight office that checks intelligence agencies, and here must be told when some ASIO assessments drag on too long. when a requested security assessmentASIO's formal check on whether a person may pose a security risk, which can affect decisions like parole, firearms and security guard licences. runs longer than 12 months, adding outside oversight of long delays.
Current and former ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates., ASISAustralia's overseas human intelligence agency, whose staff identities and cover arrangements are protected by this bill. and ASDThe agency that handles signals intelligence and cyber work, and whose staff also get new cover and identity protections here. staff can lawfully use approved Commonwealth cover employers or workplaces to protect their real identities, and people who help with those cover arrangements get legal protection.
Publishing or disclosing information that identifies ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. employees or affiliates is now covered by updated offences that extend to modern communication methods, including online posts and similar channels.
Specifically, this division would provide that the exercise of power or the performance of functions in relation to a decision relating to parole, firearms and security guard licences is prescribed administrative action. These amendments will not change ASIO’s ability to provide advice to States and Territories or authorities of a State or Territory about an individual’s suitability to hold firearms or security guard licences, and to provide advice in relation to parole decisions. The amendments however would ensure the individual affected by the decision is to be notified of the advice, and also allows for review by the AAT. It also provides for circumstances in which ASIO may communicate information, not amounting to a security assessment, relating to these decisions.National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) explanatory memorandum
if, on the basis of a preliminary communication by the Organisation, the Commonwealth agency is satisfied that the requirements of security make it necessary to take that action as a matter of urgency pending the furnishing of an assessment by the Organisation.National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) as-passed bill text
(1) If a security assessment is not furnished under this Part within 12 months after the Organisation starts to prepare the assessment (the delayed security assessment), the Director‑General must cause the Inspector‑General of Intelligence and Security to be notified of the delayed security assessment.National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) as-passed bill text
Amending the Intelligence Services Act 2001 (IS Act) to provide that the Director‑General of ASIS and Director-General of ASD can authorise the use of a Commonwealth authority as the cover employer for staff members of ASIS and ASD, or former staff members of ASIS and ASD, including where the person became a staff member before the amendments commence or requires cover employment for a period that occurred before the amendments commence. The amendments will also provide an immunity from criminal liability for persons who facilitate, or provide support in furtherance of those cover arrangements. Section 41AC of the IS Act will provide protection from Commonwealth, State or Territory law to a person who, in the performance of the person’s powers, functions or duties as a staff member, or functions attached to their professional capacity, facilitates the current or former ASIS or ASD staff member’s cover arrangements for the purposes of subsection 41AA(1), in accordance with a determination under subsection 41AB(1). The protection only extends to actions that would not ordinarily be an offence if the Commonwealth authority were the current or former staff member of ASIS or ASD’s employer (recommendation 70).National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) explanatory memorandum
New section 92 modernises the publication offence so that any form of publication which identifies an ASIO employee or affiliate will be an offence, regardless of the mode by which the publication is made. The amendments will repeal and replace section 92 to remove the method of publication, namely in a newspaper or other publication, or by radio broadcast or television, or otherwise make public from the offence of making public the identity of ASIO employees and ASIO affiliates. The removal of particular types of publication methods takes into account developments in technology and modern methods of communication including social media, and ensures that the offences apply to making information public by any means. The existing designation of specific methods of publication rather than a blanket inclusion of all methods resulted in a potential gap in the legislation whereby methods of publication not specifically mentioned may not be considered as an offence. An exception to the offence provides that a former ASIO employee or affiliate can consent to their identity being made public.National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) explanatory memorandum
Context
After the Richardson comprehensive review of intelligence laws was released in December 2020, parts of the existing ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. framework still left parole, firearms and security guard decisions outside the usual notice and review system, gave limited ways to act on urgent security risks before a full assessment, and did not fully reflect modern online identity disclosures or long assessment delays. The 2023 bill was introduced to implement 12 review recommendations and close those gaps, then passed Parliament in May 2024 so ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates., other agencies and oversight bodies could use the updated powers and protections.
Richardson review of intelligence laws is released
The unclassified report set out 203 recommendations and became the main blueprint for later changes to national security legislation.
Hansard ↗Government introduces the bill to implement review recommendations and fix ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. gaps
The minister said the bill would implement 12 recommendations from the comprehensive review while improving identity protection, information-sharing and oversight of delayed security assessments.
Hansard ↗House passes the bill
After debate, the House agreed to the bill, sending the package of ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates., intelligence and oversight amendments to the Senate.
Parliamentary timeline ↗Parliament passes the bill
The Senate passed the bill in the same form, completing Parliament's approval of the new notice, urgent-warning, oversight and identity-protection measures.
Parliamentary timeline ↗Royal Assent turns the bill into law
Royal Assent enacted the changes so agencies and oversight bodies could begin using the updated ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. framework under the new Act.
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 (07/12/2023): Parliamentary Joint Committee on Intelligence and SecurityThe parliamentary committee that reviews some intelligence rules and is given a role in checking new regulations under this bill.; Committee report (21/3/2024)
Referred to committee
APH bill page notesThe 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.
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
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 tightened secrecy and identity-protection rules in ways critics said would make intelligence agencies harder to scrutinise and could further deter whistleblowers or limit accountability. That case was raised mainly by Greens senators and was not shared by the major parties, with some Greens members backing parts of the bill only if stronger oversight changes were made.
Criticism was concentrated in the Greens and was partly tied to broader accountability concerns.
More secrecy, less scrutiny
Critics argued the bill put too much weight on secrecy by expanding identity-protection and related offences, risking weaker public scrutiny of intelligence agencies and more barriers to accountability.
Weak whistleblower and oversight protections
Opponents said the bill did not fix deeper accountability problems, warning it could further chill whistleblowers and weaken oversight, including concerns about limiting Ombudsman scrutiny and expanding the use of spent convictions information.
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.
Parliamentary debate
Start here — lead voices
O'Neil supports the bill and says it implements the comprehensive review's recommendations to strengthen Australia's intelligence agencies, protect staff identities, and improve oversight.
Read in Hansard ↗Shoebridge says the Greens oppose the bill because they see it as part of a broader national security regime that shields agencies from scrutiny and punishes whistleblowers.
Read in Hansard ↗Andrew Wallace supports the bill because he says it will modernise and streamline national intelligence laws, protect intelligence staff, and speed up security assessments and authorisations.
Read in Hansard ↗Peter Khalil supports the bill and says it advances national security by implementing comprehensive review recommendations while improving transparency, accountability, and operational flexibility for ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. and other agencies.
Read in Hansard ↗All speeches by bloc
5 speakers · 7 contributions · 5 support
“With this bill, we will be implementing another 12 outstanding recommendations of the comprehensive review. The bill supports Australia's national security agencies through the implementing of those recommendations with a couple of important elements: strengthening identity protections for those security agencies' employees; improving operational flexibility and the ability of the Australian Security Intelligence Organisation to communicate information; providing greater certainty as to who can provide authorisations for various activities; and supporting quicker processing of security clearance suitability assessments.”Read the full speech in Hansard ↗
Hansard records 3 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 and says it implements the comprehensive review's recommendations to strengthen Australia's intelligence agencies, protect staff identities, and improve oversight. She presents it as a targeted update to national security laws that will keep Australians safe and better support agency work.
“The bill reflects the government's commitment to the continual improvement of Australia's strong national security laws to ensure that Australians are kept safe and our way of life is protected.”Read this contribution in Hansard ↗
Second reading speech
O'Neil supports the bill and says it updates ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates.'s powers and reporting rules to match the 2019 review while still balancing transparency with national security. She also notes the government accepts or welcomes the review recommendations and protections for intelligence staff identities.
“Returning to the bill: the government accepts recommendation 1 made by the PJCIS. I note that reporting will remain consistent with ASIO's approach to releasing information about its activities through its annual report. This approach balances the need for transparency against the risk of compromising national security through the inclusion of classified appendices which are provided to the Minister for Home Affairs, the Leader of the Opposition, the PJCIS, the IGIS and the INSLM. These are acronyms which govern the protection of the community and the management of intelligence organisations.”Read this contribution in Hansard ↗
Second reading speech
O'Neil supports the bill and says it strengthens the legal framework for national security and the intelligence community. She notes one technical issue about the reversed burden of proof in the ASIOAustralia's domestic security agency, which gives the security advice and assessments this bill updates. identities provision, but says it is reasonable because anyone claiming consent should be able to produce it.
“The bill reflects the government's commitment to the security of our society and our country and to ensuring the legislation that underpins the actions of the national intelligence community is robust. I commend the bill to the chamber. I would like to provide to the parliament an addendum to the explanatory memorandum which I referred to in my second reading speech.”Read this contribution in Hansard ↗
“The measures I have outlined in the bill would make targeted amendments to the legal framework governing our intelligence agencies, as recommended by the comprehensive review. It will also make some related changes which will strengthen protections for the identity of ASIS, ASD and ASIO staff, and clarify or refine elements of the intelligence services act. These changes will support our intelligence agencies in their vital work, while also enhancing oversight in specific areas.”Read the full speech in Hansard ↗
“The Albanese government is committed to the continual improvement of our national security laws to ensure our agencies are best equipped to continue their work to do exactly that—to keep Australia safe and to protect our way of life. To ensure these laws are keeping pace with an evolving security landscape, our government is introducing the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023. This bill is the latest in a series of targeted reforms to ensure intelligence agencies remain able to undertake their important work and undertake their functions efficiently, effectively and with appropriate oversight. This bill also addresses 12 of the recommendations of the 2019 Comprehensive Review of the Legal Framework of the NIC, the national intelligence community. The bill supports Australia's national security agencies by: strengthening identity protections for their employees; improving operational flexibility and the ability of ASIO, the Australian Security Intelligence Organisation, to communicate information; providing greater certainty as to who can provide authorisations for various activities; and supporting quicker processing of security clearance suitability assessments.”Read the full speech in Hansard ↗
“This bill reflects the government's commitment to the security of our society and to ensuring that the legislation that underpins the actions of the national intelligence community is robust. I commend the bill to the chamber.”Read the full speech in Hansard ↗
4 speakers · 4 support
“All in all, this third tranche of measures in response to the comprehensive review aims to modernise and streamline Australia's national intelligence capabilities.”Read the full speech in Hansard ↗
“The National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023 contains a number of provisions to amend the Australian Security Intelligence Organisation Act 1979, the ASIO Act; the Intelligence Services Act 2001; the Telecommunications (Interception and Access) Act 1979; and the Archives Act 1983. Those changes support our intelligence agencies by strengthening the protections around the identity of employees, improving the ability of ASIO to communicate information and providing additional protections for individuals by making the communication of certain information a prescribed administrative action. It increases the operational flexibility through updated approval processes for certain activities, and it clarifies the provisions relating to certain intelligence activities and can allow for quicker processing of non-prejudicial security clearance suitability assessments.”Read the full speech in Hansard ↗
“The coalition will always support sensible changes to ensure our legislation is fit for purpose to enable our intelligence agencies to effectively perform their vital roles and ensure this performance is subject to appropriate oversight. As such, we will be supporting the passage of this bill.”Read the full speech in Hansard ↗
“We on this side of the House, the coalition, will always support sensible changes to ensure that Australian men and women serving in our intelligence agencies can do their jobs effectively—that they can gather the intelligence, on behalf of us, to keep us safe. That's why they do what they do. We need to ensure that they are subject to appropriate oversight, and that's why we support these amendments. As such, we support the passage of the bill.”Read the full speech in Hansard ↗
6 speakers · 3 oppose · 3 mixed
“There are some important, positive measures here, like removing the ability to delegate powers and expanding committee membership. We have long argued for those. Those committees need to be more representative. There are also matters of further consideration which need amendment and consideration more broadly.”Read the full speech in Hansard ↗
“We do have deep concerns about this legislation. There are some positive elements to it, and it's worth noting that the changes in the bill are a result of the Comprehensive Review of the Legal Framework of the National Intelligence Community undertaken by the Attorney-General's office. Of course, the Greens actively and often call for increased transparency and increased accountability, so we do support those elements of this legislation that deliver increased public reporting, increased transparency and increased accountability. We also note that the bill removes the ability of the Attorney-General to delegate their powers under the ASIO Act and the TIA Act and prohibits the conferral of the Attorney-General's powers under the ASIO Act and TIA Act upon another minister except by legislative amendment or substituted reference order made by the Governor-General in exceptional circumstances, and we do think that ensuring those powers are exercised by the Attorney-General only is appropriate. So we understand that there are some positive elements to this legislation. But I say to the Australian Labor Party: don't forget the things you said in opposition.”Read the full speech in Hansard ↗
“The word 'deterrence' has been raised here today. I'd like to throw in another word: retribution—retribution for disclosing secrets. We haven't got the balance right, and, while we are seeking to improve it with amendments, this bill doesn't get the balance right.”Read the full speech in Hansard ↗
“I rise on behalf of the Greens to indicate our very real concerns about this legislation and, indeed, about the overall national security legislation landscape in this country. We know that this bill, the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Bill 2023, came about following the now quite aged review by former secretary Richardson. Former secretary Richardson delivered a report in 2019 that was largely ignored by the coalition, who, I think, implemented a handful of the recommendations put forward by Mr Richardson. Those unimplemented recommendations have now been considered by the Albanese Labor government, which is seeking to implement another handful of recommendations from the Richardson report.”Read the full speech in Hansard ↗
“The legislation as currently worded would include expansion of the exclusions that are provided for those with spent convictions to enable ASIO to use, record or disclose other pieces of critical information related to spent convictions. This has been raised as a concern by the human rights committee inquiry into this bill. The bill also reduces oversight by excluding ASIS, the general Geospatial Intelligence Organisation, the Australian Signals Directorate, the Office of National Intelligence and the Defence Intelligence Organisation from the Commonwealth Ombudsman's jurisdiction. Does anyone seriously believe that these entities require less oversight, that they are organisations with track records that would lead a reasonable legislature to believe that they can be trusted to go off on their own? This is a deeply concerning aspect of this bill. We do not support these changes, and we'll propose amendments to retain the ombudsman's oversight and remove what we believe is the inappropriate use of spent convictions.”Read the full speech in Hansard ↗
“This piece of legislation has some improvements, but it does not go anywhere near what we need for expanded transparency and accountability in this space. In fact, it does the opposite. There's more crackdown on FOI availability. There are the exemptions from transparency for further government agencies in this space.”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
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 · 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 (21/3/2024)
Referred to committee
Referred to Committee (7 Dec 2023): Parliamentary Joint Committee on Intelligence and Security; Committee report (21 Mar 2024)
APH bill page notes