THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (the ASIO Act) which relates to compulsory questioning powers.

Division 3 of Part III of the ASIO Act provides for the Australian Security Intelligence Organisation (ASIO) to request that the Attorney-General issue a warrant to require a person to appear before a prescribed authority to give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to a questioning matter.

Chair of the PJCIS, Peter Khalil MP said, “This review will provide a valuable opportunity to consider the effectiveness of questioning warrants in relation to espionage, politically motivated violence and foreign interference, and the continued appropriateness of the current compulsory questioning laws.”

The committee requested submissions to the inquiry by Thursday, February 1, 2024.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Joint Standing Committee on Treaties (JSCOT) has tabled a report recommending the ratification of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization Agreement on Fisheries Subsidies (Geneva, June 17, 2022).

The agreement, which is noted as ‘"a historic achievement" by the World Trade Organisation (WTO), is a significant advancement in ocean sustainability. The agreement will prohibit harmful fisheries subsidies which contribute to the widespread depletion of the world’s fish stocks.  

Committee Chair Josh Wilson MP said, “This is the first WTO agreement to focus on environmental sustainability and delivers on a key Sustainable Development Goal target. This is positive for the environment, for humankind and for the sustainability of the world’s fisheries.”

The agreement specifically prohibits subsidies to a vessel or operator that is engaged in illegal, unreported and unregulated (IUU) fishing, in addition to subsidies for fishing of overfished stocks and unregulated high seas fishing.

“The committee notes the importance of addressing the sustainability of the world’s global marine capture fisheries resources," Mr Wilson said. "This is especially important in the Pacific region and it is very welcome that Australia worked in partnership with Pacific nations to realise those interests as part of the treaty negotiations.”

The committee noted the value of the Fisheries Funding Mechanism which will support the implementation of the agreement, to which Australia has already donated A$2 million, reflecting the importance of these issues to Australia. Notably, Australia was the first to make a pledge to the new mechanism.

The committee held a public hearing as part of its inquiry into the Agreement and heard from Government and other stakeholders. The committee noted the support of the government for the agreement.

The committee supports ratification and recommends that binding treaty action be taken.

The report can be found on the Committee website, along with further information on the inquiry.

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Counter-Terrorism and Other Legislation Amendment Bill 2023.

The Bill was introduced into Parliament by the Attorney-General on August 10, 2023, and he then referred it to the PJCIS for review and report.

The Bill would extend the operation of Australian Federal Police (AFP) powers relating to terrorism under the Crimes Act 1914 (Crimes Act) and the Criminal Code Act 1995 (Criminal Code) for a further three years, to December 2026. Those powers relate to:

• authority to stop, question and search persons and seize items in Commonwealth places, including in ‘prescribed security zones’ (Crimes Act, Part 1AA, Division 3A);
• the control order regime (Criminal Code Division 104); and
• the preventative detention order regime (Criminal Code Division 105).

The Bill would amend some conditions and requirements for the use of these powers, in response to the recommendations of a review of police powers undertaken by the PJCIS and presented to Parliament in October 2021.

The Bill would also extend the operation of Commonwealth secrecy offences under the Criminal Code for 12 months to December 2024, to allow the Government to complete its current review of Commonwealth secrecy provisions and consider any necessary reforms.

Chair of the PJCIS, Peter Khalil MP said, “The Australian Federal Police holds significant powers to protect the community against terrorism. This review will allow the committee to consider the government’s response to its previous recommendations to strengthen safeguards on those powers; and to ensure that the powers remain necessary and appropriate.”

Submissions to the inquiry are invited by Friday, October 6, 2023.

Further information on the inquiry can be obtained from the Committee’s website.

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PUBLIC hearings will be held this Friday, September 8, by the Joint Committee of Public Accounts and Audit (JCPAA).

It will include an appearance by the CEO of BAE Systems Australia regarding the $46 billion Hunter Class Frigates project, as part of the inquiry into Defence Major Projects Reports and Procurement of Hunter Class Frigates.

It will also be the first public hearings for its Inquiry into probity and ethics in the Australian public sector, examining potential systemic factors contributing to poor ethical behaviour.

It will also hear from Services Australia’s CEO regarding Infosys’ Entitlement Calculator Engine project as part of the Procurement at Services Australia and the National Disability Insurance Agency Inquiry.

The first public hearing in the probity and ethics inquiry will include:

• a roundtable with Australia’s financial regulators—the Australian Competition and Consumer Commission, Australian Prudential Regulation Authority, and Australian Securities and Investments Commission
• the Department of Health and Aged Care (Health) on the Community Health and Hospitals Program
• the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) on ‘Artbank’.

Committee Chair Julian Hill MP said," While the three financial regulators received generally positive reviews following audits by the Australian National Audit Office (ANAO), the reports regarding the Community Health and Hospitals and Artbank programs were very concerning.

“Serious shortcomings were found by the ANAO in Health’s administration of the Community Health and Hospitals Program, and in DITRDCA’s administration of the Artbank program. Light must be shone on failings such as these so we can strengthen government integrity and accountability.

“The committee is very keen to hear directly from BAE Systems Australia regarding the procurement and progress of the $46 billion Hunter Class Frigate program.

“Services Australia will have an opportunity to respond to evidence provided by Infosys and explain why the $191 million Entitlement Calculator Engine commissioned in 2019 was written off."

Public hearing details

Date: Friday 8 September 2023
Time: 9am – 4pm
Venue: Committee Room 2R1, Parliament House, Canberra

For more information about this Committee, you can visit its website.

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