Australian Security Intelligence Organisation Amendment Bill (No. 2) 2025

Sue Lines

The question now is that the remaining amendment on sheet 3787 be agreed to.

Senator David Pocock's circulated amendment—

(3) Schedule 1, page 9 (after line 2), at the end of the Schedule, add:

Part 7 — Legal representation and repeal of minor questioning warrants

Australian Security Intelligence Organisation Act 1979

12 Section 34A

Repeal the following definitions:

(a) definition of minor questioning matter;

(b) definition of minor questioning warrant;

(c) definition of minor's representative.

13 Section 34A (definition of questioning warrant )

Repeal the definition, substitute:

questioning warrant means an adult questioning warrant.

14 Section 34AA

Repeal the section.

15 Subsection 34B(1)

Repeal the subsection, substitute:

Request for warrant

(1) The Director-General may request the Attorney-General to issue, in relation to a person, an adult questioning warrant.

16 Paragraph 34B(4)(e)

Omit "person; and", substitute "person.".

17 Paragraph 34B(4)(f)

Repeal the paragraph.

18 Sections 34BB and 34BC

Repeal the sections, substitute:

34BC Warrant has no effect if person under 18

A questioning warrant has no effect if the subject of the warrant is under 18 years old.

19 Paragraph 34BD(1)(b)

Repeal the paragraph, substitute:

(b) subject to subsection (3A), authorise the Organisation to question the subject of the warrant before a prescribed authority by requesting the subject to give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to an adult questioning matter; and

20 Subsections 34BD(2) and (3)

Repeal the subsections.

21 Paragraph 34BE(3)(b)

Repeal the paragraph, substitute:

(b) a record or other thing is found during the search that the officer reasonably believes is relevant to the collection of intelligence that is important in relation to an adult questioning matter;

22 Subsection 34BE(4)

Repeal the subsection, substitute:

Warrant may request production of records or things

(4) Subject to subsection (4A), a questioning warrant may request the subject of the warrant to produce, before a prescribed authority:

(a) a specified record or other thing; or

(b) a specified class of record or other thing;

if the Attorney-General is satisfied that the record or thing, or class of record or thing, is, or may be, relevant to intelligence that is important in relation to an adult questioning matter.

23 Paragraph 34BH(2)(e)

Repeal the paragraph.

24 Subparagraph 34CB(2)(a)(ii)

Repeal the subparagraph.

25 Section 34CB (note)

Omit "and, if the warrant is a minor questioning warrant, to also contact a minor's representative".

26 Paragraph 34CC(5)(b)

Repeal the paragraph, substitute:

(b) the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to an adult questioning matter; and

27 Section 34DD

Repeal the section.

28 Paragraph 34DE(1)(c)

Omit ", 34FC(2)(a) or (3)(b)".

29 Section 34DG

Repeal the section, substitute:

34DG Direction that persons under 18 not be questioned

If:

(a) the subject of a questioning warrant appears before a prescribed authority for questioning under the warrant; and

(b) the prescribed authority is satisfied on reasonable grounds that the subject is under 18 years old;

the prescribed authority must, as soon as practicable, give a direction that the person is not to be questioned.

30 Paragraph 34DJ(6)(c)

Repeal the paragraph.

31 Paragraph 34DJ(7)(b)

Repeal the paragraph, substitute:

(b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to an adult questioning matter.

32 Paragraph 34DK(6)(c)

Repeal the paragraph.

33 Paragraph 34DK(7)(b)

Repeal the paragraph, substitute:

(b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to an adult questioning matter.

34 Paragraph 34DL(a)

Omit "and, if applicable, section 34DD".

35 Subparagraph 34DL(b)(v)

Omit "or 34FC(2)(a) or (3)(b)".

36 Paragraph 34DN(3)(a)

Omit "and, if applicable, section 34DD".

37 Paragraph 34DO(4)(a)

Omit "and, if applicable, section 34DD".

38 Paragraph 34DO(5)(b)

Omit "or 34DD".

39 Subdivision F (heading)

Omit "and minor's representatives".

40 Section 34F (heading)

Omit "or minor's representative".

41 Subsection 34F(1)

Repeal the subsection, substitute:

Right to contact lawyer

(1) At any time after the subject of a questioning warrant is given notice of the warrant in accordance with subsection 34BH(2) or (3), the subject may contact a lawyer for the purpose of obtaining legal advice in relation to the warrant.

42 Paragraph 34F(2)(c)

Omit "or 34FC(2)(a) or (3)(b)".

43 Subsection 34FA(1)

Repeal the subsection.

44 Paragraph 34FA(2)(b)

Omit "or subparagraph 34FF(7)(c)(iii)".

45 Sections 34FC and 34FD

Repeal the sections.

46 Section 34FE (heading)

Omit "may request copy of warrant", substitute "to be given copy of warrant etc.".

47 Subsection 34FE(2)

Omit ", if requested to do so by the lawyer,".

48 Subsection 34FE(3)

Omit ", if requested to do so by the lawyer,".

49 After subsection 34FE(3)

Insert:

(3A) Subject to subsection (4), a person exercising authority under the warrant must give the lawyer such other information as is requested by the lawyer and is sufficient to allow the lawyer to advise the subject on the legality of the warrant or anything done in exercise, or purported exercise, of authority under the warrant.

50 Subsection 34FE(4)

Omit "subsections (2) and (3)", substitute "subsections (2), (3) and (3A)".

51 Subsection 34FE(4)

After "subsection (5)", insert ", or refuse to give so much of any information requested under subsection (3A),"

52 Subsection 34FF(3)

Repeal the subsection.

53 Subsection 34FF(5)

Omit "subsection (3) or (4)", substitute "subsection (4)".

54 Subsections 34FF(6) and (7)

Repeal the subsections.

55 Subsection 34FF(8)

Repeal the subsection.

56 Section 34FG

Repeal the section.

57 Subparagraph 34GE(3)(a)(i)

Repeal the subparagraph.

58 Subsection 34GF(5) (paragraph (f) of the definition of permitted disclosure )

Repeal the paragraph.

59 Paragraph 34GF(6)(b)

Omit "or".

60 Paragraph 34GF(6)(c)

Repeal the paragraph.