This was published 3 years ago
Intelligence review recommends biggest overhaul of national security laws since 1980s
The nation's domestic intelligence agency will be able to spy on Australians who have been working for a foreign power when they return from overseas under the biggest overhaul of Australia's national security laws in four decades.
A 1600-page review conducted by former ASIO head Dennis Richardson has recommended the government establish a single Act to govern the use of electronic surveillance powers, requiring the repealing and rewriting of nearly 1000 pages of existing law. The government has accepted 199 of the review's 203 recommendations either in full or "in principle".
Former ASIO boss Dennis Richardson has called for an overhaul of national security laws.Credit: Andrew Meares
The government has been told to change the law so ASIO's director-general will be able to seek a warrant from from the Attorney-General to allow them to collect intelligence on Australians linked to a foreign power once they have returned home.
The changes will likely be used to target Australians working with foreign intelligence services who are involved in espionage and foreign interference activities within Australia.
Under current law, foreign intelligence agencies such as the Australian Secret Intelligence Service and the Australian Signals Directorate can spy on Australians suspected of working for a foreign power while they are overseas, but ASIO cannot continue that covert activity once they are back in Australia.
The changes will mean ASIO can apply for a warrant from the Attorney-General to keep collecting intelligence on those Australians onshore.
Attorney-General Christian Porter said the 1600-page Richardson review identified a gap in the national security laws.Credit: Alex Ellinghausen
Attorney-General Christian Porter said Mr Richardson had identified a "gap" in the national security laws, which needed to be addressed "fairly quickly".
"That person may be subject to that type of intelligence gathering whilst they're overseas, but then they return to Australia and are undertaking very similar activities," Mr Porter said.
"But the gap remains because of their citizenship, there are restrictions around the way in which you could get the same information that you are trying to get offshore, onshore.
"So that type of circumstance you can imagine is arising with greater frequency, so that is a narrow gap which has the potential to widen quickly."
Under another suggested change, ASIO will have to seek authorisation from a government minister before undertaking joint-operations with overseas intelligence agencies.
The Richardson review, commissioned in May 2018, is considered the most comprehensive look at Australian national security law since the Hope royal commissions in the 1970s and 1980s. It cost more than $18 million and Mr Richardson was supported by a full time secretariat of over 20 people.
The review, which took 18 months and was handed to the government just before Christmas last year, recommended a single Act to govern the use of electronic surveillance powers.
The new regime will cover how law enforcement and intelligence agencies can gain approval for telecommunications interception, covert access to stored communications, computers and telecommunications data and tracking and listening devices.
Australia has had 124 separate piece of national security legislation passed since the September 11 terrorist attacks in 2001. Richardson said this had resulted in a framework that was "unnecessarily
complex, leading to unclear and confusing laws" that had made it difficult for intelligence officers to interpret and act on.
Opposition home affairs spokeswoman Kristina Keneally and legal affairs spokesman Mark Dreyfus said the release of the 1300-page unclassified report was welcome, but they were "deeply concerned that the government has sat on this report since December 2019".
"Given the unclassified report runs to 1300 pages and includes 203 recommendations, and has only been provided to Labor today [Friday], Labor will now carefully study this report before providing our response," Mr Dreyfus and Senator Keneally said in a joint statement.