senate vote 2014-09-25#3
Edited by
mackay staff
on
2014-11-14 09:06:41
|
Title
National Security Legislation Amendment Bill (No. 1) 2014 - in Committee - Limit number of devices ASIO can access
- National Security Legislation Amendment Bill (No. 1) 2014 - In Committee - Limit number of devices ASIO can access
Description
The majority voted against [amendments](http://www.openaustralia.org/senate/?gid=2014-09-24.104.1) introduced by Liberal Senator [Ian Macdonald](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald), including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO) can undertake activities under a warrant.
- The majority disagreed that there [should be a limit](http://www.openaustralia.org/senate/?gid=2014-09-24.104.1) on the number of devices through which the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO) can undertake activities under a warrant.
Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [here](http://www.openaustralia.org/senate/?gid=2014-09-25.88.1). )
- Liberal Senator [Ian Macdonald](https://theyvoteforyou.org.au/people/senate/queensland/ian_macdonald) had suggested this amendment but actually voted against it in the end. This is because he "was not absolutely convinced of the amendment that I was moving" and was later convinced by the minister to vote against it (see Senator Macdonald's [full explanation](http://www.openaustralia.org/senate/?gid=2014-09-25.88.1)).
_Background to the bill_
- ###Background to the bill
The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
- After the [major counter-terrorism raids](http://www.abc.net.au/news/2014-09-18/authorities-thwart-beheading-plot-in-australias-biggest-raid/5754276) in Sydney and Brisbane, Prime Minister [Tony Abbott](https://theyvoteforyou.org.au/people/representatives/warringah/tony_abbott) said that the balance between freedom and security had to shift (see [ABC News](http://www.abc.net.au/news/2014-09-22/abbott-warns-of-shifting-balance-freedom-security/5760818)). This bill is part of that change.
The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
- The bill also [seems to be a response](http://www.abc.net.au/news/2014-08-15/bureaucrats-attempt-to-calm-fears-over-media-spy-laws/5674526) to American [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden) leaking classified American intelligence information last year.
The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
- modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
- enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
- updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.
(Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
- Read the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019) for more information about the bill.
|
senate vote 2014-09-25#3
Edited by
mackay staff
on
2014-10-09 13:41:57
|
Title
Description
The majority voted against [amendments](http://www.openaustralia.org/senate/?gid=2014-09-24.104.1) introduced by Liberal Senator [Ian Macdonald](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald), including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO) can undertake activities under a warrant.
Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [here](http://www.openaustralia.org/senate/?gid=2014-09-25.88.1). )
_Background to the bill_
The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
- modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
- enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
- updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
- The majority voted against [amendments](http://www.openaustralia.org/senate/?gid=2014-09-24.104.1) introduced by Liberal Senator [Ian Macdonald](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald), including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO) can undertake activities under a warrant.
- Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [here](http://www.openaustralia.org/senate/?gid=2014-09-25.88.1). )
- _Background to the bill_
- The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
- The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
- The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
- - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
- - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
- - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.
- (Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
|
senate vote 2014-09-25#3
Edited by
system
on
2014-10-07 16:22:32
|
Title
Description
The majority voted against [http://www.openaustralia.org/senate/?gid=2014-09-24.104.1 amendments] introduced by Liberal Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald Ian Macdonald], including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO) can undertake activities under a warrant.
Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [http://www.openaustralia.org/senate/?gid=2014-09-25.88.1 here].
)
''Background to the bill''
The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
)
The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
)
The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
* modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
* enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
* enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
* enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
* updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].)
- The majority voted against [amendments](http://www.openaustralia.org/senate/?gid=2014-09-24.104.1) introduced by Liberal Senator [Ian Macdonald](http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald), including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO) can undertake activities under a warrant.
- Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [here](http://www.openaustralia.org/senate/?gid=2014-09-25.88.1). )
- _Background to the bill_
- The [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969) is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [Parliamentary Joint Committee on Intelligence and Security](http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security)'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [here](http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm#). )
- The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [Edward Snowden](http://en.wikipedia.org/wiki/Edward_Snowden). This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019). )
- The bill amends the [Australian Security Intelligence Organisation Act 1979](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979) (ASIO Act) and the [Intelligence Services Act 2001](http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001) (IS Act). Key amendments include:
- - modernising and streamlining the intelligence collection powers of the [Australian Security Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation) (ASIO);
- - enabling the [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- - enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- - enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
- - updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019).)
|
senate vote 2014-09-25#3
Edited by
system
on
2014-10-07 16:17:02
|
Title
Description
- The majority voted against [http://www.openaustralia.org/senate/?gid=2014-09-24.104.1 amendments] introduced by Liberal Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald Ian Macdonald], including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO) can undertake activities under a warrant.
Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".[1]
- Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".(Read Senator Macdonald's full explanation of why he voted against his own amendments [http://www.openaustralia.org/senate/?gid=2014-09-25.88.1 here].
)
- ''Background to the bill''
The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).[2]
- The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).(Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
)
The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.[3]
- The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.(Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
)
- The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
- * modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
- * enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- * enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- * enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
* updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.[4]
- * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.(Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].)
''References''
* [1] Read Senator Macdonald's full explanation of why he voted against his own amendments [http://www.openaustralia.org/senate/?gid=2014-09-25.88.1 here].
* [2] Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
* [3] Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
* [4] Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
|
senate vote 2014-09-25#3
Edited by
mackay staff
on
2014-10-02 11:21:00
|
Title
Bills — National Security Legislation Amendment Bill (No. 1) 2014; in Committee
- National Security Legislation Amendment Bill (No. 1) 2014 - in Committee - Limit number of devices ASIO can access
Description
<p class="speaker">Penny Wong</p>
<p>by leave—I want to place on record the Labor Party's position in relation to this bill and the way the bill is being managed. As senators would know, the Labor Party has indicated support for this legislation. The Labor Party also indicated yesterday and this morning to the government that we were willing to entertain—we were favourably disposed to—a time-management motion to ensure this legislation was passed next week in accordance with the government's publicly stated timetable. As yet we await the government's proposition in that regard, but we did indicate that because we want this legislation passed. What we are not favourably disposed to is gag motions moved with almost no notice on a bill which we already support. We disagree with the Greens on the substantive issue, but we think the way the chamber ought to be run is to give appropriate notice. As I reiterate, we gave a clear indication to the government we were favourably disposed to a time-management motion to ensure this bill passed in accordance with the government's timetable.</p>
<p class="speaker">George Brandis</p>
- The majority voted against [http://www.openaustralia.org/senate/?gid=2014-09-24.104.1 amendments] introduced by Liberal Senator [http://publicwhip-rails.openaustraliafoundation.org.au/members/senate/queensland/ian_macdonald Ian Macdonald], including Senator Macdonald himself. The amendments would have put a limit on the number of devices in relation to which the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO) can undertake activities under a warrant.
- Following the vote, Senator Macdonald explained that he "was not absolutely convinced of the amendment that I was moving" and that, "[h]aving heard the minister address the amendment, I then indicated that the minister had convinced me".[1]
- ''Background to the bill''
- The [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s969 bill] is the first part of the Abbott Government's proposed national security reforms. The changes it makes relate to the powers of Australian intelligence agencies to obtain and gather intelligence and most are are drawn from recommendations made in the [http://en.wikipedia.org/wiki/Parliamentary_Joint_Committee_on_Intelligence_and_Security Parliamentary Joint Committee on Intelligence and Security]'s (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation (2013 PJCIS Report).[2]
- The release of the 2013 PJCIS Report coincided with the leaking of classified information by a former system administrator for American intelligence, [http://en.wikipedia.org/wiki/Edward_Snowden Edward Snowden]. This context is significant in terms of the provisions in the bill that create new offences of unauthorised disclosure of intelligence information.[3]
- The bill amends the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation_Act_1979 Australian Security Intelligence Organisation Act 1979] (ASIO Act) and the [http://en.wikipedia.org/wiki/Intelligence_Services_Act_2001 Intelligence Services Act 2001] (IS Act). Key amendments include:
- * modernising and streamlining the intelligence collection powers of the [http://en.wikipedia.org/wiki/Australian_Security_Intelligence_Organisation Australian Security Intelligence Organisation] (ASIO);
- * enabling the [http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service Australian Secret Intelligence Service] (ASIS) to collect intelligence on Australian persons involved in activities in relation to operational security;
- * enabling ASIS to cooperate with ASIO without ministerial authorisation when undertaking certain intelligence collection activities;
- * enabling ASIS to train certain individuals in the use of weapons and self-defence techniques; and
- * updating existing offences and increasing penalties, and create two new offences in relation to the protection of intelligence-related information.[4]
- ''References''
- * [1] Read Senator Macdonald's full explanation of why he voted against his own amendments [http://www.openaustralia.org/senate/?gid=2014-09-25.88.1 here].
- * [2] Read the 2013 PJCIS Report [http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=pjcis/nsl2012/report.htm# here].
- * [3] Read more about this background context to the bill in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
- * [4] Read more about these amendments, and others, in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd019 bills digest].
<p>by leave—Senator Wong, I do not want to lose the bipartisanship the Labor Party has commendably shown in relation to this bill. Frankly, if a mistake was made in the judgement of those who manage the opposition's business in this chamber, then a mistake was made.</p>
<p>Nevertheless, this is not—</p>
<p class="speaker">Opposition Senators</p>
<p>Opposition senators interjecting—</p>
<p class="speaker">George Brandis</p>
<p>If I may finish, please. This is not a gag motion. This is a motion to close debate on a Greens amendment which has been debated now for almost three hours. Those of us who have been following the debate could not have the slightest doubt that what Senator Ludlam was engaged in was, in the most obvious way, a filibuster. As a consequence of Senator Ludlam's filibuster, and as a result of the time-management arrangements for next week which Senator Wong has foreshadowed, had the debate on Senator Ludlam's motion not been closed there would be insufficient opportunity for other parties and other senators to have their amendments considered in the committee stage. I thank the Senate for agreeing to terminate Senator Ludlam's filibuster.</p>
<p class="speaker">Scott Ludlam</p>
<p>by leave—There is no filibuster underway here. The fact is that Senator Brandis has been, as he has so often shown himself to be, his own worst enemy in regard to chamber management. By obstructing debate in the chamber yesterday by refusing to provide a document he had in his possession, and by sitting mute instead of answering sensible questions that myself and crossbenchers have been putting to him for nearly 2½ hours, Senator Brandis once again has been own worst enemy. I understand we will now proceed to the vote, but let no-one be mistaken: Senator Macdonald moved this amendment. The government is now gagging a tremendously important amendment on a bill that will have consequences for all of us.</p>
<p>The CHAIRMAN: The question is that amendments (1) and (2) on sheet 7570 moved by Senator Macdonald be agreed to.</p>
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