Parliamentary Joint Committee on Intelligence and Security

History

The Parliamentary Joint Committee on ASIO, ASIS and DSD (PJCAAD) was established pursuant to the Intelligence Services Act 2001 and replaced the Parliamentary Joint Committee on ASIO (which was established in 1988) and the Joint Select Committee on the Intelligence Services. The PJCIS's purview was expanded from 1 July 2004 to include DIO, DIGO and ONA, following the recommendations from the flood inquiry. On 2 December 2005, the name of the committee was changed to the Parliamentary Joint Committee on Intelligence and Security (PJCIS).

The members of the first committee were appointed in March 2002.

Functions

The PJCIS's main function is administrative and expenditure review and oversight of ASIO, ASIS and DSD. The committee can also review matters relating to the three agencies referred to them by Parliamentary Resolution, or by a request from the Minister responsible for the agency in question. The committee does not review intelligence gathering or operational procedures or priorities, nor does it conduct inquiries into individual complaints about the activities of ASIO, ASIS or DSD.

Reforms

Several major security reforms have been introduced to Commonwealth law, as a result of PJCIS reviews. They include the following:

Assistance and Access Act

The committee carried the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 through to legislation enabling security agencies to access otherwise encrypted communications by people who intend harm to Australians. Members of the committee expressed satisfaction on the bill becoming law, as it would enable security agencies to "surgically strike terrorists, spies, drug traffickers and paedophiles."

Security of Critical Infrastructure Act

Prompted by the sale of the Port Darwin to interests connected to the Chinese Communist Party, the committee made recommendations for the Security of Critical Infrastructure Act 2018 (Cth) (Act)— placing a national security test to any foreign investment into energy or water assets and, notably, ports.

Espionage and Foreign Interference Act

In early 2018, the joint committee heard submissions from the intelligence services that indicated Australia was facing an unprecedented threat from espionage and foreign interference. The committee made "60 bipartisan recommendations on the government's separate espionage and foreign interference laws, which include greater protections for journalists."

Foreign Influence Transparency Scheme

The committee also contributed amendments to the Foreign Influence Transparency Scheme Act 2018. At this time, ZTE and Huawei and other "high-risk vendors" were deemed as unsuitable technology partners for the rollout of Australia's 5G network. Overshadowed by the leadership controversy, these security decisions went largely unreported. However, security partners, such as Congressman Mike Gallagher would later see that Australia was both the first Western democracy to be targeted by China and the first to protect itself:Australia was not only the canary in the coal mine for the expansion of Chinese influence, and just the way that they ruthlessly waged economic and ideological warfare; but was also the leader of the free world, the first country to take massive steps to counter that.

Membership

The members of the committee as of 30 March 2023 were:

• Mr Peter Khalil MP (chair) (Labor, Member for Wills, VIC)
• Mr Andrew Wallace MP (deputy chair) (Lib, Member for Fisher, QLD)
• The Hon Karen Andrews MP (Lib, Member for McPherson, QLD)
• Senator the Hon Simon Birmingham (Lib, SA)
• Senator Raff Ciccone (ALP, VIC)
• The Hon Andrew Hastie MP (Lib, Member for Canning, WA)
• Mr Julian Hill MP (ALP, Member for Bruce, VIC)
• Senator James Paterson (Lib, VIC)
• Senator Marielle Smith (ALP, SA)
• Senator Jess Walsh (ALP, VIC)
• Mr John Wilson MP (ALP, Member for Fremantle, WA)

References

References

1. ''Intelligence Services Act 2001'', s.28
2. [https://webarchive.nla.gov.au/awa/20140126040152/http://www.idis.gov.au/publications/intelligence_inquiry/index.htm Report of the Inquiry Into Australian Intelligence Agencies]
3. corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018".
4. "Dailytelegraph.com.au {{!}} Subscribe to The Daily Telegraph for exclusive stories".
5. "Critical infrastructure: reporting starts now".
6. "Foreign Influence Transparency Scheme".
7. "The NEW Look – A NEW Look at Australia with Andrew Hastie (Australian Federal MP) – 1:02:49".
8. corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Committee Membership".