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This bill did not pass parliament2 Sept 2021

The bill was rejected or lapsed before becoming law.

🏛 House of Representatives3 readingsAmendments circulated

Foreign Intelligence Legislation Amendment 2021

✦ Plain-English Summary

# Foreign Intelligence Legislation Amendment 2021 ## What it does This bill tweaks the rules for how Australian spy agencies (ASIO and others) can intercept foreign communications to gather intelligence. It refines the legal language around when they can tap into phone calls, emails and messages that cross Australia's borders, making it clearer they're collecting intelligence from *foreign* communications specifically—not just any communications. ## Why it matters The changes tighten up the technical rules so there's less legal ambiguity about what foreign intelligence agencies can actually intercept. This is meant to make sure powers are used properly, though the bill itself doesn't expand or restrict those powers—it just clarifies how existing ones work. ## Key details - **Three main areas covered**: The bill amends rules around foreign intelligence warrants, how Australians working for foreign powers are handled, and some other related language in telecommunications laws - **Commencement**: The changes come into effect on a date the government sets (within 6 months of receiving royal assent at the latest) - **What changed**: The language now consistently refers to obtaining intelligence "from foreign communications intercepted under the warrant" rather than broader language about collecting from "foreign communications" generally—a subtle but deliberate clarification

Official Description

Amends the: Telecommunications (Interception and Access) Act 1979 to: enable the Director-General of Security to apply for a warrant authorising the interception of a communication for the purpose of obtaining foreign intelligence from foreign communications; provide that foreign intelligence information provided in certain circumstances may be used for purposes as approved by the Attorney-General; and make technical amendments; and Australian Security Intelligence Organisation Act 1979 and Telecommunications (Interception and Access) Act 1979 to enable the Attorney-General to issue foreign intelligence warrants to collect foreign intelligence on Australians in Australia who are acting for, or on behalf of, a foreign power.

Committee Referrals

Parliamentary Joint Committee on Intelligence and Security; Parliamentary Joint Committee on Human Rights; Senate Standing Committee for the Scrutiny of Bills

Full bill PDF →APH page →

Audit History

Introduced

25 Aug 2021

Last updated on APH

10 Apr 2026

Outcome date

2 Sept 2021

Last checked by Crossbench

2 days ago

Full text indexed

2 days ago

🗳️

No formal division recorded

This bill passed by voice vote — parliament agreed without calling a formal count. A division is only recorded when a member explicitly requests one.

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