Revised Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Christian Porter MP)PART 3 - REVIEW BY INDEPENDENT NATIONAL SECURITY LEGISLATION MONITOR
Item 51
1211. This item repeals subsection 6(1B) and substitutes it with a new subsection 6(1B) in the Independent National Security Legislation Monitor Act 2010. Existing subsection 6(1B) requires the Independent National Security Legislation Monitor (the Monitor) to complete a review of certain legislation by 7 September 2017. This review has been completed and existing subsection 6(1B) is therefore no longer required. Subsection 6(1B) will be replaced a new requirement for the Monitor to review the operation, effectiveness and implications of Division 82 (sabotage), Part 5.2 (espionage and related offences), and Part 5.6 (secrecy of information) in Chapter 5 of the Criminal Code.
1212. The Monitor must begin the review as soon as practicable after three years of the National Security Legislation Amendment (Espionage and Foreign Interference) Act receiving Royal Assent.
1213. The review must be conducted under paragraph 6(1)(a), which means that the outcomes should be reported by the Monitor in an annual report, pursuant to section 29 of the Independent National Security Legislation Monitor Act 2010.
1214. This review mechanism will facilitate examination of the extent to which the reforms have achieved the intended goal of strengthening espionage, foreign interference, secrecy and related laws while maintaining appropriate human rights safeguards. It is appropriate for the Monitor to undertake this review and its role is to independently review the operation, effectiveness and implications of national security and counter-terrorism laws; and consider whether the laws contain appropriate protections for individual rights, remain proportionate to terrorism or national security threats, and remain necessary. In conducting the review the Monitor has access to all relevant material, regardless of national security classification, can compel answers to questions, and can hold public and private hearings.