Telecommunications (Interception and Access) Amendment Bill 2023

The majority vote in favour of a motion to agree with the bill's main idea. In parliamentary jargon, they voted to read it a second time. This means that they can now consider it in greater detail.

What does this bill do?

According to the explanatory memorandum for the bill:

The Bill amends sections 65 and 137 of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to ensure information obtained under section 11A, 11B and 11C warrants (‘foreign intelligence information’) can be communicated, used and recorded to protect Australia’s national security.

Schedule 1 of the Bill will clarify the ability of agencies to communicate foreign intelligence information about threats to Australia in accordance with the proper performance of their functions. Foreign intelligence information obtained under the relevant warrants plays a critical role in enabling intelligence agencies to identify threats to Australia’s national security. The communication and use of such information is critical to identifying and mitigating those threats. These amendments ensure that the Attorney-General can continue to approve the communication and use of foreign intelligence information in a manner that is appropriate to address threats to Australia’s national security.

The Bill does not seek to alter or expand the information that may be intercepted under foreign intelligence warrants under sections 11A, 11B or 11C. Rather, review and consideration of the provisions has identified the need for greater certainty about the sharing of foreign intelligence information. The amendments would replace the requirement for the Attorney-General to approve the persons who can receive the information, as this may not be known with sufficient certainty. Instead, the amendments will allow the Attorney-General to limit the communication and use of such information by specifying purposes, or imposing conditions.

The Bill includes a number of critical safeguards to ensure that foreign intelligence information is used and communicated in a controlled and targeted manner. This includes that where a person receives foreign intelligence information under subsection 65(1) or 137(1) of the TIA Act, it may only be communicated in the proper performance of functions, duties or powers, and subject to any purposes specified, or any conditions imposed, by the Attorney-General.

Note that an explanatory memorandum is a political document that is prepared by the party who proposed the bill into parliament, so should be read with that in mind.