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18 <strong>SENATE</strong> Thursday, 13 October 2016<br />
review, by 1 December 2019, the operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the<br />
Australian Citizenship Act 2007 (regarding the cessation of Australian citizenship) and any other provision of that Act as<br />
far as it relates to those sections; and<br />
report the Committee's comments and recommendations to each House of the Parliament and to the responsible Minister.<br />
Under section 102.1A of the Criminal Code, the Committee may also review any regulations made for the listing (or relisting)<br />
of a "terrorist organisation" and report the Committee's comments and recommendations to each House of the<br />
Parliament before the end of the applicable disallowance period—a period of 15 sitting days after the regulation was laid<br />
before that House.<br />
Further, the Committee may review and report on the declaration of any terrorist organisation for the purposes of section<br />
35AA of the Australian Citizenship Act 2007.<br />
The Committee is otherwise not authorised to initiate its own references, but may resolve to request the responsible<br />
Minister refer a particular matter to it for review.<br />
Section 31 of the IS Act requires the Committee to prepare and table an Annual Report as soon as practicable after each<br />
year ending 30 June.<br />
The Parliamentary Joint Committee on Intelligence and Security has its limitations. The IS Act currently limits the<br />
inquiry powers of the PJCIS by providing that the functions of the committee do not include:<br />
reviewing the intelligence gathering and assessment priorities of ASIO, ASIS, AGO, DIO, ASD or ONA;<br />
reviewing the sources of information, other operational assistance or operational methods available to ASIO, ASIS, AGO,<br />
DIO, ASD or ONA;<br />
reviewing particular operations that have been, are being or are proposed to be undertaken by ASIO, ASIS, AGO, DIO or<br />
ASD;<br />
reviewing information provided by, or by an agency of, a foreign government where that government does not consent to<br />
the disclosure of the information;<br />
reviewing an aspect of the activities of ASIO, ASIS, AGO, DIO, ASD or ONA that does not affect an Australian person;<br />
reviewing the rules made under section 15 of the Act (to protect privacy of Australians);<br />
conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD or ONA;<br />
reviewing the content of, or conclusions reached in, assessments or reports made by DIO or ONA, or reviewing sources of<br />
information on which such assessments or reports are based<br />
reviewing the coordination and evaluation activities undertaken by ONA<br />
reviewing sensitive operational information or operational methods available to the AFP; or<br />
reviewing particular operations or investigations that have been, are being or are proposed to be undertaken by the AFP.<br />
These limitations are very important. They prevent inappropriate parliamentary influence being exercised over the<br />
operations, over the methodology and over the priority setting of the intelligence agencies. Responsibility for<br />
reviewing the operational activities of agencies is more appropriately given to the independent statutory role of the<br />
Inspector-General of Intelligence and Security.<br />
The IGIS is responsible for overseeing and review of the Australian intelligence community in relation to its<br />
compliance with the law, compliance with ministerial directions and guidelines, proprietary and a respect for<br />
human rights. When exercising her inquiry function, the IGIS has significant powers, comparable to those of a<br />
royal commission—including obtaining information and requiring persons to answer questions and produce<br />
documents. The IGIS reports annually to parliament.<br />
The Parliamentary Joint Committee on Intelligence and Security proposes two main changes to the Intelligence<br />
Services Act 2001 regime. Firstly, the bill proposes changes to the composition of the PJCIS by removing the<br />
constraints on the membership of the PJCIS to provide that the balance of members can come from either<br />
chamber. Current requirements are that six come from the House of Representatives and five from the Senate. The<br />
bill also proposes introducing a requirement that the Prime Minister and the Leader of the Government in the<br />
Senate must be satisfied that members to be nominated to the PJCIS are the most appropriate members available.<br />
Secondly, the bill proposes to expand the powers and functions of the Parliamentary Joint Committee on<br />
Intelligence and Security by allowing the PJCIS to conduct a review into operational activities of ASIO, ASIS,<br />
AGO, DIO, ASD, ONA and the Australian Federal Police. It would also authorise the Independent National<br />
Security Legislation Monitor, the INSLM, to provide the PJCIS with a copy of any report on a matter referred to it<br />
by the PJCIS and require the Inspector-General of Intelligence and Security to give the PJCIS a copy of any report<br />
provided to the Prime Minister or the minister within three months. The bill would also allow the committee to<br />
conduct its own motion inquiries and allow the PJCIS to conduct pre-sunset review of legislation.<br />
CHAMBER