Counter-terrorism legislation that allows people to be jailed for disclosing details of special intelligence operations is too broad, Australia’s human rights commissioner says.
The country’s spy agency ASIO has been granted greater surveillance and search powers under the National Security Legislation Amendment Bill 2014, which cleared parliament on Wednesday.
Under section 35P, journalists and whistleblowers can be imprisoned for up to 10 years if they disclose the details of a “special intelligence operation”.
Human Rights Commissioner Tim Wilson says while the change is not unprecedented, it needs to strike a delicate balance.
“It’s important that any measure that’s introduced is calm, is measured and considered on the consequences of it,” he told ABC radio on Thursday.
“You can achieve both the objectives of preserving and protecting individual freedom, while also recognising there is a security imperative.”
Wilson said the law should be narrowed to only cover disclosing information that could put someone’s life at risk.
He denied ordinary members of the public could be caught up in the provisions by simply alerting media organisations if they noticed police or ASIO activity in their area.
“Special intelligence operations are ones where ASIO officers are given explicit provisions to break laws if they need to in the conduct of their investigation,” he said.
“It’s almost always an undercover operation. It would not be visible to the public … unless it was reported.”
Wilson said ASIO activities needed to be scrutinised appropriately.
“There should be a provision that after a certain number of years, of course we can talk about a special intelligence operation, after it has been completed.”
Meanwhile, an independent security watchdog says the Government’s proposed foreign fighters laws would significantly expand the definition of security and extend ASIO’s powers overseas.
The Inspector General of Intelligence and Security has raised concerns about the bill to crack down on Australians fighting overseas. People travelling to terrorism hotspots could be jailed for five years.
Under the proposed laws, enforcement agencies will get extra powers to investigate, arrest and prosecute people who support foreign conflicts.
Passports can be seized for 14 days, while welfare, family payments and paid parental leave can be cancelled on security grounds.
Inspector General Vivienne Thom said the bill would extend the definition of security under the ASIO Act, particularly when it came to involvement in foreign war zones.
The new laws make it an offence to engage in hostile activity or “subvert society”, but do not specify if the offences need to have a political motive.
“These changes would extend ASIO’s powers into areas of criminal conduct overseas that would not normally be described as terrorism or national security,” she told a parliamentary committee examining the bill.
Thom also raised concerns about the oversight and accountability of the suspension of travel documents.
Responsibility for recommending suspensions rests with ASIO under the bill, and not with a specific person within the organisation.
“In my view it is better practice for decisions to be made by nominated individuals who are then accountable for those decisions,” she said.
“It does reduce accountability somewhat.”
