House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Clare O'Neil MP)

NOTES ON INDIVIDUAL CLAUSES

Clause 1 Short title

This clause would provide for the short title of the Bill on its enactment to be the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2023.

Clause 2 Commencement

This clause would provide for the commencement of each provision of the Act.

Subclause 2(1) would provide each provision of the Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table, and any other statement in column 2 would have effect according to its terms.

Table item 1 would provide sections 1 to 3 and anything in the Act not elsewhere covered by the table would commence the day the Act receives the Royal Assent.

Table item 2 would provide Division 1 of Part 1 of Schedule 1 would commence the day after the Act receives the Royal Assent.

Table item 3 would provide Division 2 of Part 1 of Schedule 1 would commence immediately after the commencement of the provisions covered by table item 2, to ensure the paragraphs relating to the definition of prescribed administrative action are inserted into the Australian Security Intelligence Organisation Act 1979 in the correct order.

Table item 4 would provide Divisions 1 and 2 of Part 2 of Schedule 1 would commence the day after the Act receives the Royal Assent.

Table item 5 would provide Divisions 3 and 4 of Part 2 of Schedule 1 would commence at the same time as the provisions covered by table item 3, to ensure the provisions amending sections 39 and 40 of the Australian Security Intelligence Organisation Act 1979 are inserted in the correct order.

Table item 6 would provide Part 3 of Schedule 1 would commence on a single day to be fixed by Proclamation, or if the provisions do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, the day after the end of that period. This would provide ASIO with up to 6 months to develop a protocol in consultation with the IGIS, ensure its staff are appropriately trained, and ensure its systems, policies and procedures are adequate to perform the powers, functions and duties in accordance with Part IV of the Australian Security Intelligence Organisation Act 1979 and that protocol.

Table item 7 would provide Schedules 2 and 3 would commence the day after the Act receives the Royal Assent.

Table item 8 would provide Part 1 of Schedule 4 would commence the day after the Act receives the Royal Assent.

Table item 9 would provide Part 2 of Schedule 4 would commence at the same time as the provisions covered by table item 6. This would provide ASIO with up to 6 months to develop a protocol in consultation with the IGIS, ensure its staff are appropriately trained, and ensure its systems, policies and procedures are adequate to perform the powers, functions and duties in accordance with Part IVA the Australian Security Intelligence Organisation Act 1979 and that protocol.

Subclause 2(2) would provide any information in column 3 of the table is not part of the Act, and information may be inserted in the column, or information in it may be edited, in any published version of the Act.

Clause 3 Schedules

This clause would provide that the legislation specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule. Any other item in a Schedule to the Act has effect according to its terms.