House of Representatives

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello MP)

Schedule 8 - Consequential amendments of other Acts

This schedule has two purposes. The first is to implement a series of consequential amendments to the Archives Act 1983, the Australian Security Intelligence Organisation Act 1979, the Crimes Act 1914, the Crimes (Overseas) Act 1964, the Criminal Code Act 1995 and the Human Rights and Equal Opportunity Commission Act 1986 to provide DIGO with a similar standing under those Acts to the other intelligence agencies. This is consistent with the recommendation by the Inquiry into Australian Intelligence Agencies that DIGO be put on proper legislative footing.

The second purpose is to achieve consequential changes to references in the ASIO Act to reflect the proposal, in Schedule 1, to change the name of the Parliamentary Joint Committee on ASIO, ASIS and DSD to the Parliamentary Joint Committee on Intelligence and Security. This name change was also recommended by the Inquiry into Australian Intelligence Agencies.

Part 1 - Consequential amendments relating to DIGO

Crimes Act 1914

Items 3 and 4

These items amend the section to include reference to DIGO in the definition of intelligence or security agency to ensure consistency with the other agencies being excluded from the federal spent convictions scheme, for the purpose of in-depth security clearance of staff members.

Criminal Code Act 1995

Item 9

This item amends the subsection to include reference to DIGO.

Item 10

This item amends the subsection to state that DIGO means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation.

Item 11

This item includes 'contractor' in the definition of staff member in relation to ASIS and DSD.

Item 12

This item includes a definition of staff member in relation to DIGO.