Care needs to be taken that those undertaking a person search have appropriate training and qualifications. To this end it may be preferable to require that, were possible, such searches are undertaken by law enforcement officers who have specific training in this regard. Establish classes of persons able to execute warrants The discussion paper proposes that the Direct-General of Security should be able to specify a class of person to execute a warrant rather than named individuals. While this could be operationally effective, it would be essential for ASIO to ensure that all officers in a particular class were fully trained and understood the limits of their authorisation. As noted above in relation to ToR 11(d) there may be cases where the best qualified officers to conduct a particular search are law enforcement officers. ToR 12 Clarifying ASIO’s ability to cooperate with the private sector. – The discussion paper proposes amending s 19(1) of the ASIO Act to avoid any doubt about ASIO’s ability to cooperate with the private sector.59 My office regularly inspects the of ASIO’s interactions with, for example, State law enforcement agencies. We also have the ability to review ASIO’s cooperation with private sector entities if appropriate. ToR 13 Enabling ASIO to refer breaches of section 92 of the ASIO Act to authorities – I have no comment on this proposal. ToR 17 Amending the ASIO Act to modernise and streamline ASIO’s warrant provisions: – Using third party computers and communications in transit to access a target computer under a computer access warrant The discussion proposes amending the ASIO Act to enable a third party computer or communication in transit to be used by ASIO to lawfully access a target computer.60 Any such change must ensure that the impact on the party, including privacy implications as well as any impact on the security or lawful use of the third party computer are considered carefully in the approval process. Currently the TIA Act allows ASIO to obtain a warrant from the Attorney-General to intercept communications via a third party only where all other practicable methods have been exhausted or where it would not otherwise be possible to intercept the relevant communications.61 This appears to be an appropriate safeguard. Discussion paper page 49 Discussion paper, page 50 See s. 9(3) of the TIA Act
Care needs to be taken that those undertaking a person search have appropriate training and qualifications. To this end it may be preferable to require that, were possible, such searches are undertaken by law enforcement officers who have specific training in this regard. Establish classes of persons able to execute warrants The discussion paper proposes that the Direct-General of Security should be able to specify a class of person to execute a warrant rather than named individuals. While this could be operationally effective, it would be essential for ASIO to ensure that all officers in a particular class were fully trained and understood the limits of their authorisation. As noted above in relation to ToR 11(d) there may be cases where the best qualified officers to conduct a particular search are law enforcement officers. ToR 12 – Clarifying ASIO’s ability to cooperate with the private sector. The discussion paper proposes amending s 19(1) of the ASIO Act to avoid any doubt about ASIO’s ability to cooperate with the private sector.59 My office regularly inspects the of ASIO’s interactions with, for example, State law enforcement agencies. We also have the ability to review ASIO’s cooperation with private sector entities if appropriate. ToR 13 – Enabling ASIO to refer breaches of section 92 of the ASIO Act to authorities I have no comment on this proposal. ToR 17 – Amending the ASIO Act to modernise and streamline ASIO’s warrant provisions: Using third party computers and communications in transit to access a target computer under a computer access warrant The discussion proposes amending the ASIO Act to enable a third party computer or communication in transit to be used by ASIO to lawfully access a target computer.60 Any such change must ensure that the impact on the party, including privacy implications as well as any impact on the security or lawful use of the third party computer are considered carefully in the approval process. Currently the TIA Act allows ASIO to obtain a warrant from the Attorney-General to intercept communications via a third party only where all other practicable methods have been exhausted or where it would not otherwise be possible to intercept the relevant communications.61 This appears to be an appropriate safeguard. Discussion paper page 49 Discussion paper, page 50 See s. 9(3) of the TIA Act
20120823_submission_nsl.docx