House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Robert McClelland MP)

Schedule 9 - Functions of Inspector-General of Intelligence and Security

Overview

Schedule 9 will amend the Inspector-General of Intelligence and Security Act 1986 (IGIS Act) to allow the Prime Minister to request the Inspector-General of Intelligence and Security (IGIS) to inquire into an intelligence or security matter relating to any Commonwealth department or agency. Currently, the IGIS may only inquire into matters relating to the six Australian Intelligence Community (AIC) agencies: the Australian Security Intelligence Organisation (ASIO), the Australian Secret Intelligence Service (ASIS), the Defence Imagery and Geospatial Organisation (DIGO), the Defence Intelligence Organisation (DIO), the Defence Signals Directorate (DSD) and the Office of National Assessments (ONA).

Increasingly, a range of Commonwealth departments and agencies work with the AIC agencies on intelligence and security matters. To fully consider an intelligence or security matter, it may sometimes be necessary for the IGIS to consider the role played by a non-AIC department or agency in relation to that matter.

The proposed amendments to the IGIS Act will provide legislative flexibility for the IGIS to inquire into an intelligence or security matter relating to any Commonwealth department or agency at the request of the Prime Minister. This will ensure such enquiries are conducted only where the Prime Minister considers that this is necessary to enable the IGIS to fully consider an intelligence or security matter. It will also ensure the IGIS is not unnecessarily diverted from his or her core role of oversight of the AIC agencies.

Item 1: Subsection 3(1) (definition of 'agency')

This item will repeal the definition of 'agency'.

The IGIS Act currently defines agency to mean an AIC agency. As the proposed amendments will enable the IGIS to consider, on request of the Prime Minister, not just AIC agencies but any Commonwealth agency, this definition of agency is no longer appropriate for the purposes of the IGIS Act.

Instead of using the term agency, the Act will refer to either an 'intelligence agency' when referring to the AIC agencies, or 'Commonwealth agency' when referring to both AIC agencies and other Commonwealth agencies (see items 2 and 5).

Item 2: Subsection 3(1) (definition of 'Commonwealth agency')

This item will repeal the existing definition of 'Commonwealth agency' and substitute a new definition.

The current definition provides that 'Commonwealth agency' has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 (ASIO Act), which defines 'Commonwealth agency' as 'a Minister or an authority of the Commonwealth'. As the proposed amendments will enable the IGIS to consider, on request of the Prime Minister, non-AIC Commonwealth agencies, but not Ministers, this definition of 'Commonwealth agency' is no longer appropriate for the purposes of the IGIS Act.

Item 2 will replace the current definition of 'Commonwealth agency' with a new definition that will include both AIC agencies and non-AIC Commonwealth agencies, but does not include Ministers of the Commonwealth. The definition is intended to cover a wide range of Commonwealth agencies to ensure that if a non-AIC Commonwealth agency is involved in a security or intelligence issue, the IGIS will be able to inquire into that agency. The new definition will cover:

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Commonwealth Departments, such as the Attorney-General's Department;

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Commonwealth agencies (which will generally be established by an Act), such as the Australian Federal Police and the Australian Customs and Border Protection Service;

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the Australian Defence Force;

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Commonwealth statutory bodies and office holders; and

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other bodies declared by legislative instrument to be a Commonwealth agency (see item 9).

Item 3: Subsection 3(1) (definition of 'employee')

This item will amend the definition of 'employee' to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that the definition of employee applies in relation to any Commonwealth agency.

Item 4: Subsection 3(1) (definition of 'head')

This item will repeal the definition of 'head' and substitute a new definition.

The current definition of 'head' only covers the heads of AIC agencies. The new definition of 'head' will also cover heads of non-AIC Commonwealth agencies. For AIC agencies, the head is the Director or Director-General of that agency. For departments, the head is the Secretary of the department. For other Commonwealth agencies, the head is the principal officer of that agency, however this is described.

Item 5: Subsection 3(1)

This item will insert a definition of 'intelligence agency', which is defined as the six AIC agencies: ASIO, ASIS, DIGO, DIO, DSD or ONA.

Item 6: Subsection 3(1) (definition of 'member')

This item will amend the definition of 'member' to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that the definition of member applies in relation to any Commonwealth agency.

Item 7: Subsection 3(1) (definition of 'responsible Minister')

This item will amend the definition of 'responsible Minister' to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that the definition of responsible Minister applies in relation to any Commonwealth agency.

Item 8: Subsection 3(3)

This item will amend subsection 3(3) to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that subsection 3(3) applies in relation to any Commonwealth agency.

Item 9: At the end of section 3

This item will insert a new subsection (4) at the end of section 3 to enable the Minister to declare, by legislative instrument, that a body is a Commonwealth agency for the purposes of the new definition of 'Commonwealth agency' (see item 2).

Item 10: Subparagraph 4(a)(i)

This item will amend the objects clause in subparagraph 4(a)(i) by removing the words 'or security' from 'Australian intelligence or security agencies'.

This is a consequential amendment to make the wording of subparagraph 4(a)(i) consistent with the new definition of 'intelligence agency'. It is not intended to change the meaning of this provision.

Item 11: At the end of subparagraphs 4(a)(i) and (iii)

This item will insert the word 'and' at the end of subparagraphs 4(a)(i) and (iii).

This amendment reflects modern drafting practice. It is not intended to change the meaning of these provisions.

Item 12: After paragraph 4(b)

This item will insert a new paragraph (ba) in the objects clause in section 4.

Paragraph (ba) will provide that it is also an object of the IGIS Act to assist Ministers in investigating intelligence or security matters relating to Commonwealth agencies, including agencies other than intelligence agencies. This amendment will ensure that the objects of the IGIS Act also reflect the extended mandate of the IGIS to investigate intelligence or security matters relating to Commonwealth agencies at the request of the Prime Minister.

Item 13: Subparagraph 8(1)(c)(i)

This item will amend subparagraph 8(1)(c)(i) to clarify that the reference to 'Commonwealth agency' in this subparagraph has a different meaning to Commonwealth agency as defined in section 3.

Paragraph 8(1)(c)(i) refers to the situation where ASIO has furnished a report to a Commonwealth agency that may result in the taking of action that is adverse to the interests of the person. Item 13 will clarify that, in this context, 'Commonwealth agency' has the same meaning as in Part IV of the ASIO Act.

This item will also amend the heading to section 8 by omitting 'Inquiry' and substituting 'Intelligence agency inquiry'. This amendment will clarify that section 8 applies only to inquiries relating to intelligence agencies.

Item 14: Subparagraph 8(1)(c)(ii)

This item will amend subparagraph 8(1)(c)(ii) to replace the reference to 'the Security Appeals Tribunal' with the 'Security Appeals Division of the Administrative Appeals Tribunal'.

This amendment will correct a technical error in the IGIS Act.

Item 15: Subsection 8(5)

This item will amend subsection 8(5) to refer to an 'intelligence agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that subsection 8(5) applies only in relation to intelligence agencies.

Item 16: Subsection 8(8)

This item will repeal subsection 8(8).

Subsection 8(8) contains limitations on the IGIS's inquiry functions. As these limitations are proposed to also apply to the IGIS's new inquiry function, subsection 8(8) will be replaced by subsection 9AA. Subsection 9AA will largely replicate subsection 8(8) but will apply to IGIS inquiries under both section 8 and proposed section 9 (see item 17).

Item 17: Section 9

This item will repeal section 9 and replace it with a new section. It will also insert a new section 9AA to replace repealed subsection 8(8).

Section 9

Section 9 currently provides that the Prime Minister may request the IGIS to inquire into a matter relating to an intelligence agency. Where such a request is made, the IGIS must inquire into that matter if it is within the IGIS's functions, as set out in section 8.

Section 9 will be repealed and replaced with an expanded provision. The new subsections 9(1) and (2) will mirror the existing section 9, but will reflect modern drafting style.

Subsections 9(3) and (4) will provide that the Prime Minister may also request the IGIS to inquire into an intelligence or security matter relating to a Commonwealth agency and the IGIS must comply with such a request. These amendments will extend the IGIS's mandate to enable the IGIS to fully investigate an intelligence or security matter relating to any Commonwealth agency, which includes, but is not limited to, an intelligence agency. The IGIS will only be able to carry out this extended mandate on the request of the Prime Minister.

It is intended that the Prime Minister could request the IGIS to consider an entirely new security or intelligence matter that relates to Commonwealth agencies under subsection 9(3), and could also rely on subsection 9(3) to request that the IGIS extend a current inquiry into a security or intelligence matter to cover Commonwealth agencies outside the AIC. For example, if the IGIS were conducting an inquiry of his or her own motion under section 8, the Prime Minister could request, under subsection 9(3), that the IGIS extend that inquiry to cover other Commonwealth agencies.

Section 9AA

Item 17 will also insert a new section 9AA to replace subsection 8(8), which will be repealed by item 16.

Subsection 8(8) contains a number of limitations on the IGIS's existing inquiry functions under section 8. The limitations in subsection 8(8) are limitations that would be appropriate for an inquiry into Commonwealth agencies under section 9, so section 9AA will largely mirror the existing limitations in subsection 8(8) and ensure those limitations apply to inquiries under both section 8 and 9.

Paragraph 8(8)(a) currently provides that the IGIS must not inquire into a matter relating to an agency that occurred outside Australia, or before the commencement of the IGIS Act, without the approval of the responsible Minister. Proposed subparagraph 9AA(a)(ii) will mirror this requirement for all IGIS inquiries which do not start as a result of a request by the Prime Minister under section 9. Proposed subparagraph 9AA(a)(i) will provide that, where an inquiry starts or is extended as a result of a request by the Prime Minister under section 9, the IGIS must not inquire into a matter relating to an agency that occurred outside Australia, or before the commencement of the IGIS Act, without the approval of the Prime Minister.

Proposed paragraphs 9AA(b) and (c) will mirror existing paragraphs 8(8)(b) and (c) respectively.

Item 18: Section 9A

This item will amend section 9A to clarify that the IGIS's inspection function under section 9A only applies to intelligence agencies.

Item 19: Section 9A

This item will delete the word 'relevant' from section 9A, as the meaning of the provision is clear without needing to refer to 'relevant agency'.

Item 20: Paragraph 11(1)(a)

This item amends paragraph 11(1)(a) to refer to an 'intelligence agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that this paragraph only applies to an intelligence agency.

Item 21: Subsections 11(2) and (5)

This item amends subsections 11(2) and (5) to refer to an 'intelligence agency' rather than an 'agency'.

These amendments are necessary as a consequence of other amendments in this Schedule, to clarify that these subsections only apply to an intelligence agency.

Item 22: Sections 12 and 14

This item amends sections 12 and 14 to refer to an 'intelligence agency' rather than an 'agency'.

These amendments are necessary as a consequence of other amendments in this Schedule, to clarify that these sections only apply to an intelligence agency.

Item 23: Subsections 15(1), (2) and (3)

This item will amend subsections 15 (1), (2) and (3) to refer to a 'Commonwealth agency' rather than an 'agency'.

These amendments are necessary as a consequence of other amendments in this Schedule, to clarify that the requirements to inform certain persons before commencing an inquiry apply to all IGIS inquiries.

Item 24: At the end of subsection 15(3)

This item will amend subsection 15(3) to insert a new paragraph (c).

The new paragraph will provide that if the IGIS inquires into a matter relating to a Commonwealth agency and does not advise the head of that agency, the IGIS must advise the responsible Minister for that agency. This is consistent with the requirements for other inquiries under the IGIS Act.

Item 25: Section 16

This item will amend section 16 to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that the requirement to have regard to the functions of the Auditor-General and the Ombudsman, and the discretion to consult with these offices, applies to all IGIS inquiries.

Item 26: Subsections 17 (4), (6), (7), (8), (9) and (10)

This item will make a number of amendments to section 17 to refer to a 'Commonwealth agency' rather than an 'agency'.

These amendments are necessary as a consequence of other amendments in this Schedule, to clarify that the provisions relating to the conduct of inquiries apply to all IGIS inquiries.

Item 27: Paragraph 18(6)(b)

This item will amend paragraph 18(6)(b) to refer to a 'Commonwealth agency' rather than an Agency within the meaning of the Public Service Act 1999 or an authority of the Commonwealth. The proposed definition of 'Commonwealth agency' will cover the same range of agencies as covered by the current reference to Agency within the meaning of the Public Service Act or authority of the Commonwealth. Therefore, this change will mean that consistent terminology is used throughout the IGIS Act.

Item 28: Section 19

This item will amend section 19 to refer to a 'Commonwealth agency' rather than an 'agency'. This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that section 19 applies to all Commonwealth agencies. Section 19 provides that the IGIS may, after notifying the head of an agency, at any reasonable time, enter any place occupied by the agency for the purposes of an inquiry under the IGIS Act.

Item 29: Paragraph 20(a)

This item will amend paragraph 20(a) to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that provisions relating to the protection of national security classified documents during the course of an inquiry by the IGIS applies in relation to an inquiry by the IGIS into any Commonwealth agency.

Item 30: Paragraph 20(b)

This item will amend paragraph 20(b).

Section 20 currently provides for the protection of documents that have a national security classification, where these documents are in the possession of an agency and the IGIS requires access to these documents during the course of an inquiry by the IGIS under the IGIS Act. Item 30 will apply this requirement to documents that have a national security classification (Top Secret, Secret, Confidential or Restricted) as well as documents that have a non-national security classification (such as Highly Protected or Protected). Some non-AIC Commonwealth agencies may possess documents that do not have a national security classification but have another protective security classification and contain sensitive information. For example, documents relating to sensitive law enforcement operations or containing criminal intelligence may be classified Protected or Highly Protected. This item will ensure that other sensitive classified documents are given the same protection as national security classified documents.

Item 31: Subsection 21(1)

This item will repeal subsection 21(1) and substitute a new subsection 21(1). It will also insert a new subsection 21(1AA).

Subsection 21(1)

Subsection 21(1) currently provides that, where the IGIS completes an inquiry into a matter relating to an agency, the IGIS must prepare a draft report setting out the IGIS's conclusions and recommendations as a result of the inquiry. Subject to subsections (1A) and (1B), the IGIS must give a copy of the draft report to the head of the relevant agency.

The proposed new subsection 21(1) will essentially mirror the existing subsection 21(1) but will clarify that this provision applies in relation to an inquiry by the IGIS into any Commonwealth agency. It also updates the wording of the existing provision to reflect modern drafting practice.

Subsection 21(1AA)

The proposed new subsection 21(1AA) will clarify that, before giving the head of a Commonwealth agency a copy of the draft report, the IGIS may remove from the draft report any matters that do not relate to that Commonwealth agency. For example, if a Commonwealth agency has only a marginal involvement in an intelligence or security matter, the IGIS may decide that it would not be appropriate for that agency to receive a copy of the entire draft report. In those circumstances, the IGIS could decide to give to that agency only the parts of the draft report that are relevant to that agency.

Item 32: Subsections 21(1A) and (1B)

This item will make amendments to subsections 21(1A) and (1B).

These amendments will omit the words 'an agency a copy of a draft report' and substitute 'a Commonwealth agency a draft agency copy'. These amendments are necessary as a consequence of other amendments in this Schedule, which will repeal the definition of 'agency' and substitute new definitions of 'Commonwealth agency' and 'intelligence agency'. The amendments will clarify that subsections 21(1A) and (1B) apply in relation to any Commonwealth agency. These amendments will also ensure that the wording of subsections 21(1A) and (1B) is consistent with the wording of the proposed new subsection 21(1), which also refers to 'a draft agency copy'.

Item 33: Subsection 21(1B)

This item will amend subsection 21(1B) to omit the words 'copy of that report' and substitute 'the draft agency copy'.

This amendment will make the wording of subsection 21(1B) is consistent with the wording of the proposed new subsection 21(1), which also refers to 'draft agency copy'.

Item 34: At the end of subsection 21(1B)

This item will amend subsection 21(1B) to include a new paragraph (c).

Subsection 21(1B) currently provides that, if the IGIS does not give to the head of an agency a copy of the draft report in respect of a matter that relates directly to the head of that agency, the IGIS must give a copy of the report to the Minister in relation to ASIO, ASIS or ONA (if the matter relates to the head of one of those agencies) or to the Secretary of the Department of Defence (if the matter relates to the head of DIGO, DIO or DSD).

Paragraph (c) will provide that, if the matter relates to the head of any other Commonwealth agency, the IGIS must give a copy of the report to the responsible Minister for that agency. This amendment is necessary to reflect the extended mandate of the IGIS to inquire into an intelligence or security matter relating to any Commonwealth agency on the request of the Prime Minister.

Item 35: Paragraph 21(2)(a)

This item will amend paragraph 21(2)(a) to omit the words 'a copy of a draft report to the head of an agency' and substitute 'a draft agency copy to the head of a Commonwealth agency'.

This amendment will ensure that the wording of paragraph 21(2)(a) is consistent with the wording of the proposed new subsection 21(1), which also refers to 'a draft agency copy'. This amendment will also replace the words 'an agency' with 'a Commonwealth agency'. This amendment is necessary as a consequence of other amendments in this Schedule, which will repeal the definition of agency and substitute new definitions of Commonwealth agency and intelligence agency. This amendment will clarify that paragraph 21(2)(a) will apply in relation to any Commonwealth agency.

Item 36: Paragraph 21(2)(b)

This item will amend paragraph 21(2)(b) to omit the words 'a copy of a draft report' and substitute 'the draft agency copy'.

This amendment will ensure that the wording of paragraph 21(2)(b) is consistent with the wording of the proposed new subsection 21(1), which also refers to 'a draft agency copy'.

Item 37: Subsection 22(1)

This item will repeal the existing subsection 22(1) and substitute new subsections 22(1) and (1A).

Subsection 22(1) currently provides that, where the IGIS completes an inquiry into a matter relating to an agency, the IGIS must prepare a report setting out the IGIS's conclusions and recommendations as a result of the inquiry. If a copy of the draft report was given to the head of the relevant agency under subsection 21(1), the IGIS must give a copy of the final report to the head of that agency. If a copy of the draft report was not given to the head of the relevant agency, then the IGIS must give a copy of the report to the person to whom a copy of the draft report was given under subsection 21(1B) (that is, the responsible Minister in relation to ASIO, ASIS or ONA or the Secretary of the Department of Defence).

The proposed new subsection 22(1) will essentially mirror the existing subsection 22(1) but will reflect modern drafting practice. It will also clarify that this provision applies in relation to the head of any Commonwealth agency. This amendment is necessary to reflect the extended mandate of the IGIS to inquire into an intelligence or security matter relating to any Commonwealth agency.

The proposed new subsection 22(1A) will clarify that the IGIS may remove from a final agency copy of the report any matters that do not relate to the Commonwealth agency concerned. For example, if a Commonwealth agency has only a marginal involvement in an intelligence or security matter, the IGIS may decide that it would not be appropriate for that agency to receive a copy of the entire report. In those circumstances, the IGIS could decide to give to that agency only the parts of the report that are relevant to that agency.

Item 38: Paragraph 22(2)(b)

This item will amend paragraph 22(2)(b) to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that paragraph 22(2)(b) will apply in relation to any Commonwealth agency.

Item 39: Subsection 22(3)

This item will amend subsection 22(3) to omit the words 'If the report' and substitute 'If the report, or a final agency copy of the report'.

This is a consequential amendment to ensure the wording of subsection 22(3) is consistent with other amendments in this Schedule, which also refer to a 'final agency copy'.

Item 40: Subsection 22(3)

This item will amend subsection 22(3) to insert, after the words 'of the report', 'or the final agency copy'.

This is a consequential amendment to ensure the wording of subsection 22(3) is consistent with other amendments in this Schedule, which also refer to a 'final agency copy'.

Item 41: Subsection 22(4)

This item will repeal subsection 22(4) and substitute new subsections 22(4) and (5).

New subsections 22(4) and 22(5) will largely mirror the existing subsection 22(4) but will reflect modern drafting practice. Subsection 22(4) will provide that the IGIS must give the responsible Minister a copy of the final agency copy or, if subsection (3) applies and the report contains tax information, a copy of the version of the report that does not disclose the tax information. Subsection 22(5) will provide that, in addition, if the inquiry was conducted as a result of a request by the Prime Minister under section 9, the IGIS must also give the Prime Minister a copy of the final agency copy or a copy with tax information deleted if subsection (3) applies.

Item 42: Subsection 23(1)

This item will amend subsection 23(1).

Subsection 23(1) currently provides that, where the IGIS has conducted an inquiry under the Act following a complaint, the IGIS must give the complainant a written response relating to the inquiry.

This item will amend subsection 23(1) to clarify that this provision only applies to intelligence agencies, as there is no capacity for the IGIS to conduct an inquiry into non-intelligence agencies of his or her own motion.

Item 43: Subsection 24(1)

This item will amend subsection 24(1) to omit the words 'an agency and has given a copy' and substitute 'a Commonwealth agency and has, under section 22, given a final agency copy'.

This amendment is necessary as a consequence of other amendments in this Schedule, which will repeal the definition of 'agency' and substitute new definitions of 'Commonwealth agency' and 'intelligence agency'. This amendment will clarify that subsection 24(1) will apply in relation to any Commonwealth agency. It will also update the wording of subsection 24(1) to ensure consistency with other amendments in this Schedule, which also refer to a 'final agency copy'.

Item 44: Subsection 24(2)

This item will amend subsection 24(2) to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that subsection 24(2) will apply in relation to any Commonwealth agency.

Item 45: Paragraph 24A(1)(a)

This item will amend paragraph 24A(1)(a) to refer to a 'Commonwealth agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that paragraph 24A(1)(a) will apply in relation to any Commonwealth agency.

Item 46: Paragraph 24A(1)(b)

This item will repeal paragraph 24A(1)(b) and substitute a new paragraph.

The new paragraph 24A(1)(b) mirrors the existing paragraph 24A(1)(b) but makes a number of consequential amendments to ensure that the wording is consistent with other amendments contained in this Schedule.

Item 47: Section 25A

This item will amend section 25A to refer to an 'intelligence agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule. As section 9A will continue to apply only in relation to inspections of intelligence agencies, this amendment will clarify that section 25A will also continue to apply only in relation to intelligence agencies.

Item 48: Subsection 32A(2)

This item will amend subsection 32A(2) to refer to an 'intelligence agency' rather than an 'agency'.

This amendment is necessary as a consequence of other amendments in this Schedule, to clarify that subsection 32A(2) will continue to apply only in relation to intelligence agencies.

Item 49: Subsection 32B(2)

This item will amend subsection 32B(2) to omit the words 'the agency' and substitute 'that agency'.

This amendment will clarify that subsection 32B(2) refers to a particular agency mentioned in subsection 32B(1), rather than any agency.

Item 50: Subsection 35(5)

This item will amend subsection 35(5).

Section 35 requires the IGIS to provide an annual report to the Prime Minister. The Prime Minister is required to table that report, subject to subsection 35(5). Subsection 35(5) provides that the Prime Minister may make such deletions from an annual report that the Prime Minister considers necessary in order to avoid prejudice to security, the defence of Australia, Australia's relations with other countries or the privacy of individuals.

The proposed amendment will provide that the Prime Minister may also make deletions from a report if the Prime Minister considers it necessary to avoid prejudice to law enforcement operations. Under the IGIS's extended mandate, the IGIS could potentially consider the involvement of a Commonwealth law enforcement agency in an intelligence or security matter. It is therefore appropriate that subsection 35(5) be amended to allow the Prime Minister to also take into account potential prejudice to law enforcement operations when deciding whether to make deletions from a report of the IGIS. This could include details of a particular operation, or general information about law enforcement capabilities, sources and methods that could, if disclosed, prejudice current and future law enforcement operations.