House of Representatives

Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020

Surveillance Legislation Amendment (Identify and Disrupt) Act 2021

Addendum to the Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Hon Karen Andrews MP)
This addendum responds to issues raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest No. 5 of 2021, dated 17 March 2021, the Parliamentary Joint Committee on Human Rights in Report 3 of 2021, dated 17 March 2021, and the Parliamentary Joint Committee on Intelligence and Security's Advisory Report on the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020, tabled 5 August 2021.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Human rights implications

The right to effective remedy contained in Article 2(3) of the ICCPR

On page 18, in paragraph 44, delete the following:

" and excludes judicial review under the Administrative Decision (Judicial Review) Act 1977 (ADJR Act). This approach to review is consistent with similar decisions made for national security and law enforcement purposes, for example those made under the TIA Act"

On page 18, delete paragraph 45 and replace with the following paragraph:

"Australian courts will also have jurisdiction for judicial review of a decision of an issuing authority in the original jurisdiction of the High Court of Australia and in the Federal Court of Australia by operation of subsection 39B(1) of the Judiciary Act 1903, or under the Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act). These judicial review mechanisms will ensure that an affected person or a provider has an avenue to challenge decisions made under these provisions."

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