National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3)

Current status

This bill became law on May 21st, 2024.

Policy area

Immigration, border & security

What does this bill do?

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.

Why was it introduced?

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.

Broader 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.

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.

Who supported it?

Clare O'neil MP introduced this bill. It passed on the voices.

Introduced in House 30 Nov 2023
Passed House 14 May 2024
Passed Senate 15 May 2024
Became law 21 May 2024

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

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

Show source excerpts
  1. 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
  2. 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
  3. (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
  4. 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
  5. 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

Broader context for this bill

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.

  1. 04 Dec 2020

    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 ↗
  2. 30 Nov 2023

    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 ↗
  3. 14 May 2024

    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 ↗
  4. 15 May 2024

    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 ↗
  5. 21 May 2024

    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 ↗

How did it move through Parliament?

House Senate
Introduced 30 Nov 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 30 Nov 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 07 Dec 2023

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 notes
Second reading debate 14 May 2024

The bill reached this recorded parliamentary step.

House second reading agreed 14 May 2024

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

House third reading agreed 14 May 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 15 May 2024

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 15 May 2024

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

Second reading moved

Second reading debate 15 May 2024

The bill reached this recorded parliamentary step.

Senate second reading agreed 15 May 2024

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

Senate third reading agreed 15 May 2024

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 15 May 2024

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 21 May 2024

The Governor-General gave Royal Assent, turning the bill into an Act.

The main case against this bill

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.

Raised by Greens senators including David Shoebridge, Sarah Hanson-Young and Peter Whish-Wilson Source ↗

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.

Raised by Greens senators including Jordon Steele-John, Barbara Pocock and Sarah Hanson-Young Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

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.

14 May 2024

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

Senate passed the bill

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.

15 May 2024

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.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Clare O'Neil

Australian Labor Party • MP 30 Nov 2023

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 ↗
Lead opposing voice Opposes

David Shoebridge

Australian Greens • Senator 15 May 2024

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 ↗
Lead supporting voice Supports

Andrew Wallace

Liberal National Party • MP 14 May 2024

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 ↗
Lead voice Supports

Peter Khalil

Australian Labor Party • MP 14 May 2024

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

Labor

5 speakers · 7 contributions · 5 support

  1. Jenny McAllister McAllister supports the bill and says it will implement key review recommendations, strengthen protections for intelligence staff, and improve oversight and legal clarity across the intelligence framework.
    “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.”

    Australian Labor Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  2. Luke Gosling Gosling supports the bill and says it is a targeted update to national security laws that will help intelligence agencies work more effectively while strengthening oversight and protections for staff and agents.
    “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.”

    Australian Labor Party • MP • 14 May 2024

    Read the full speech in Hansard ↗
  3. Anthony Chisholm Chisholm supports the bill and says it strengthens the laws that support Australia’s national intelligence agencies.
    “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.”

    Australian Labor Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗

Coalition

4 speakers · 4 support

  1. Sam Birrell Birrell supports the bill, saying it sensibly strengthens and clarifies the laws that govern Australia’s intelligence agencies while balancing security and transparency.
    “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.”

    National Party • MP • 14 May 2024

    Read the full speech in Hansard ↗
  2. James Paterson Paterson says the coalition will support the bill because it makes sensible updates to national security laws, improves protections and flexibility for intelligence agencies, and adds oversight safeguards.
    “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.”

    Liberal Party • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  3. Andrew Hastie Hastie says the coalition will support the bill because it makes sensible changes to help intelligence agencies do their jobs and adds appropriate oversight.
    “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.”

    Liberal Party • MP • 14 May 2024

    Read the full speech in Hansard ↗

Greens

6 speakers · 3 oppose · 3 mixed

  1. Barbara Pocock Pocock says the Greens support some parts of the bill, including removing delegated powers and expanding committee membership, but argues it misses major security and accountability problems around Defence contracting, whistleblowers and climate risk.
    “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.”

    Australian Greens • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  2. Nick McKim McKim says the Greens support the bill's transparency, accountability and Attorney-General-only changes, but have deep concerns about the legislation overall and warn Labor not to forget what it said in opposition.
    “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.”

    Australian Greens • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  3. Peter Whish-Wilson Whish-Wilson says the bill gives too much weight to secrecy and deterrence against whistleblowers, and that it does not strike the right balance.
    “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.”

    Australian Greens • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  4. Jordon Steele-John Jordon Steele-John opposes the bill because he says it weakens oversight and expands the use of spent convictions information, and the Greens will move amendments to restore the Ombudsman's jurisdiction.
    “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.”

    Australian Greens • Senator • 15 May 2024

    Read the full speech in Hansard ↗
  5. Sarah Hanson-Young Hanson-Young opposes the bill because, although it makes some improvements, she says it goes the wrong way on transparency and accountability by increasing secrecy and FOI exemptions.
    “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.”

    Australian Greens • Senator • 15 May 2024

    Read the full speech in Hansard ↗

Full record

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