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Senate passes security laws amid fears over ‘draconian’ limits to press freedom Security laws pass Senate amid fears over ‘draconian’ limits to press freedom
(about 1 hour later)
The Australian Senate has passed the biggest changes to the powers of the nation’s intelligence agencies in 35 years, despite concerns over “draconian” provisions limiting press freedom.The Australian Senate has passed the biggest changes to the powers of the nation’s intelligence agencies in 35 years, despite concerns over “draconian” provisions limiting press freedom.
The Abbott government’s first national security bill, supported by both major political parties, increases the powers of agencies to gather intelligence in the internet age.The Abbott government’s first national security bill, supported by both major political parties, increases the powers of agencies to gather intelligence in the internet age.
It also creates a new offence, punishable by up to 10 years in jail, for anyone who discloses or publishes information about “special intelligence operations”.It also creates a new offence, punishable by up to 10 years in jail, for anyone who discloses or publishes information about “special intelligence operations”.
These operations are a new category of covert activity in which officers of the Australian Security Intelligence Organisation (Asio) are granted immunity from criminal or civil liability as long as the conduct does not involve causing death or serious injury, sexual offences or significant damage to property.These operations are a new category of covert activity in which officers of the Australian Security Intelligence Organisation (Asio) are granted immunity from criminal or civil liability as long as the conduct does not involve causing death or serious injury, sexual offences or significant damage to property.
The attorney general, George Brandis, moved to secure bipartisan support for the bill earlier this week when he agreed to an amendment to make clear torture would not be allowed under the immunity provisions.The attorney general, George Brandis, moved to secure bipartisan support for the bill earlier this week when he agreed to an amendment to make clear torture would not be allowed under the immunity provisions.
The Coalition government and the Labor opposition combined in the Senate to vote down a series of last-ditch amendments proposed by the Greens and other crossbench senators on Thursday night.The Coalition government and the Labor opposition combined in the Senate to vote down a series of last-ditch amendments proposed by the Greens and other crossbench senators on Thursday night.
Many of the failed amendments were aimed at addressing concerns the law would criminalise public-interest journalism.Many of the failed amendments were aimed at addressing concerns the law would criminalise public-interest journalism.
Brandis argued the amendments, including one to specifically require a sentencing judge to take into account public interest in the disclosure, were “entirely unnecessary”. He said existing sentencing principles meant a journalist found guilty of the disclosure provision would be able to argue public interest as a mitigating factor in sentencing.Brandis argued the amendments, including one to specifically require a sentencing judge to take into account public interest in the disclosure, were “entirely unnecessary”. He said existing sentencing principles meant a journalist found guilty of the disclosure provision would be able to argue public interest as a mitigating factor in sentencing.
The bill easily cleared the Senate, with a vote of 44 in support and 12 opposed, and must next go to the House of Representatives where passage is assured.The bill easily cleared the Senate, with a vote of 44 in support and 12 opposed, and must next go to the House of Representatives where passage is assured.
“This is the most important reform of the powers of our national security agencies since the 1979 Asio Act based on the report of Justice Hope was enacted by this parliament,” Brandis said.“This is the most important reform of the powers of our national security agencies since the 1979 Asio Act based on the report of Justice Hope was enacted by this parliament,” Brandis said.
“What we have achieved tonight is to ensure that those who protect us, particularly in a newly dangerous age, have the strong powers and capabilities they need but we’ve also achieved the outcome that those strong powers are protected and balanced by strong safeguards.”“What we have achieved tonight is to ensure that those who protect us, particularly in a newly dangerous age, have the strong powers and capabilities they need but we’ve also achieved the outcome that those strong powers are protected and balanced by strong safeguards.”
The bill enables Asio to obtain intelligence from numerous computers, including a computer network, under a single access warrant, and allows the agency to use third-party computers to gain access to a target computer.The bill enables Asio to obtain intelligence from numerous computers, including a computer network, under a single access warrant, and allows the agency to use third-party computers to gain access to a target computer.
The legislation enables the overseas spy agency Australian Secret Intelligence Service (Asis) to collect intelligence on Australians and co-operate with Asio.The legislation enables the overseas spy agency Australian Secret Intelligence Service (Asis) to collect intelligence on Australians and co-operate with Asio.
It also seeks to toughen penalties for intelligence agents for removing or leaking sensitive information.It also seeks to toughen penalties for intelligence agents for removing or leaking sensitive information.
The Palmer United party, the Motoring Enthusiast senator Ricky Muir and the Family First senator Bob Day voted with the government and opposition to support the bill.The Palmer United party, the Motoring Enthusiast senator Ricky Muir and the Family First senator Bob Day voted with the government and opposition to support the bill.
The only ones to vote against the bill were the Greens, the Liberal Democratic senator David Leyonhjelm, and the independent senators Nick Xenophon and John Madigan.The only ones to vote against the bill were the Greens, the Liberal Democratic senator David Leyonhjelm, and the independent senators Nick Xenophon and John Madigan.
Brandis said it was “a work of admiral bipartisanship”, but the Greens senator Scott Ludlam criticised Labor for “an absence of critique and opposition at a time when this country desperately needs it”.Brandis said it was “a work of admiral bipartisanship”, but the Greens senator Scott Ludlam criticised Labor for “an absence of critique and opposition at a time when this country desperately needs it”.
Ludlam said the Coalition when in opposition had “shouted to the rooftops about the curtailment of press freedom” as a result of the Gillard government’s shelved media regulation package, but it was now legislating draconian provisions.Ludlam said the Coalition when in opposition had “shouted to the rooftops about the curtailment of press freedom” as a result of the Gillard government’s shelved media regulation package, but it was now legislating draconian provisions.
The bill creates a new offence of unauthorised disclosure of information relating to a special intelligence operation, punishable by a five-year jail term.The bill creates a new offence of unauthorised disclosure of information relating to a special intelligence operation, punishable by a five-year jail term.
There is no limitation on whom this provision can be used against, with media organisations and lawyers raising serious concerns about the potential for a journalists to be jailed and a “chilling effect” on reporting about intelligence matters.There is no limitation on whom this provision can be used against, with media organisations and lawyers raising serious concerns about the potential for a journalists to be jailed and a “chilling effect” on reporting about intelligence matters.
The legislation includes a second, aggravated category of this offence with a 10-year jail term for disclosures that would either endanger the health and safety of any person or prejudice the effective conduct of an operation.The legislation includes a second, aggravated category of this offence with a 10-year jail term for disclosures that would either endanger the health and safety of any person or prejudice the effective conduct of an operation.
Brandis said the provisions were similar to 2010 measures relating to Australian federal police controlled operations, for which there had been no prosecutions. This indicated the provision “would be very sparingly used”, he said.Brandis said the provisions were similar to 2010 measures relating to Australian federal police controlled operations, for which there had been no prosecutions. This indicated the provision “would be very sparingly used”, he said.
The attorney general said a prosecutor would have to prove that the person was reckless as to whether the material disclosed related to a special intelligence operation.The attorney general said a prosecutor would have to prove that the person was reckless as to whether the material disclosed related to a special intelligence operation.
Brandis said nothing in the bill would stop Asio whistleblowers from reporting suspected wrongdoing to the inspector general of intelligence and security.Brandis said nothing in the bill would stop Asio whistleblowers from reporting suspected wrongdoing to the inspector general of intelligence and security.
Labor gave the bill bipartisan support after the government agreed to recommendations of the parliamentary joint committee on intelligence and security.Labor gave the bill bipartisan support after the government agreed to recommendations of the parliamentary joint committee on intelligence and security.
The Labor senator Jacinta Collins rejected claims the party had absented itself from a scrutiny role.The Labor senator Jacinta Collins rejected claims the party had absented itself from a scrutiny role.
She said the bill dealing with agency powers was several years in the making. The former Labor attorney general Nicola Roxon sought a review and the committee completed its report last year, providing the basis for the bill.She said the bill dealing with agency powers was several years in the making. The former Labor attorney general Nicola Roxon sought a review and the committee completed its report last year, providing the basis for the bill.
“These are not extreme measures in response to an immediate crisis,” Collins said.“These are not extreme measures in response to an immediate crisis,” Collins said.
“I have indicated on behalf of the Labor party that some of the issues that have been raised by crossbenchers may indeed warrant further consideration by the joint parliamentary committee on intelligence and security. That is where I have indicated that such matters should be further investigated.”“I have indicated on behalf of the Labor party that some of the issues that have been raised by crossbenchers may indeed warrant further consideration by the joint parliamentary committee on intelligence and security. That is where I have indicated that such matters should be further investigated.”
Brandis agreed to a PUP amendment for a separate provision increasing the penalty for exposing the identity of an Asio or Asis officer from one year to 10 years.Brandis agreed to a PUP amendment for a separate provision increasing the penalty for exposing the identity of an Asio or Asis officer from one year to 10 years.
The PUP Senate leader, Glenn Lazarus, said such conduct was “a form of treason”.The PUP Senate leader, Glenn Lazarus, said such conduct was “a form of treason”.
The bill is the first of three sets of changes planned to Australia’s national security laws. The second tranche, introduce to parliament on Wednesday, is aimed specifically at the terrorist threat posed by foreign fighters. The third will be to create a mandatory data retention scheme.The bill is the first of three sets of changes planned to Australia’s national security laws. The second tranche, introduce to parliament on Wednesday, is aimed specifically at the terrorist threat posed by foreign fighters. The third will be to create a mandatory data retention scheme.