Dunne’s SOP on GCSB Bill amendments

Peter Dunne’s Supplementary Order Paper is now online detailing his amendments to the GCSB Bill. They put into legalese what has already been announced.

Explanatory note

This Supplementary Order Paper amends the Government Communications Security Bureau and Related Legislation Amendment Bill.

The amendments are as follows:

Part 1—Amendments to Government Communications Security Bureau Act 2003

• clause 6: new section 8C : in new subsection (1) , paragraph (d) is deleted.

Under new section 8C , the Bureau can co – operate with, and provide advice and assistance to, specified agencies and any agency subsequentlyspecified by Order in Council. The paragraph that provides authority tospecify agencies subsequently by Order in Council is deleted. Specifyingany additional agency would therefore need to be done by way of a subsequent amendment to the Act:

• clause 9 : this clause amends the provisions relating to the Bureau’ s annualreport. The amendments require the annual report to contain the following additional information:

• the number of interception warrants and access authorisations issued during the year that the annual report relates to:

• whether advice and assistance has been provided to other agenciesduring the year to which the annual report relates and, if so, the number of instances:

• clause 18: new section 19 : this section specifies the information that is tobe entered in the new register of interception warrants and access authorisations. A new subsection (4) is inserted to require the Director to notifythe Inspector – General of Intelligence and Security if information enteredin the register relates to a New Zealand citizen or permanent resident of New Zealand:

Part 3—Amendments to Intelligence and Security Committee Act 1996

• clause 38 : this clause amends section 6, which specifies the functions ofthe Committee. The amendment inserts an additional function of conducting an annual financial review of the performance of an intelligenceand security agency after the responsible Minister has submitted a copy of the agency’ s annual report to the Committee:

• new clause 39AA : this clause amends section 12, subsection (2) of whichprovides that proceedings of the Committee must be held in private unlessthe Committee unanimously resolves otherwise. The amendment insertsnew subsection (2A) , which provides that subsection (2) does not applywhen the Committee is considering an intelligence and security agency’s annual report:

• new clause 41 : this clause inserts new sections 21 to 27 . These newsections provide for a review of the intelligence and security agencies,the legislation governing them, and their oversight legislation. The firstreview must be commenced before 30 June 2015 and, afterwards, reviewsmust be held at intervals not shorter than 5 years and not longer than 7 years.

The Attorney – General is to appoint the reviewers (being 2 persons) andspecify the terms of reference, any procedural matters, and the report – back date.

After completing a review , the reviewers’ report is to be provided to theCommittee, which, after it has considered the report, must present the report to the House of Representatives.

SOP No 308 or Download PDF (160KB)

All related GSCB bill legislation