Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Independent National Security Legislation Monitor has the following functions:
(a) to review, on his or her own initiative, the operation, effectiveness and implications of:
(i) Australia's counter - terrorism and national security legislation; and
(ii) any other law of the Commonwealth to the extent that it relates to Australia's counter - terrorism and national security legislation;
(b) to consider, on his or her own initiative, whether any legislation mentioned in paragraph (a):
(i) contains appropriate safeguards for protecting the rights of individuals; and
(ii) remains proportionate to any threat of terrorism or threat to national security, or both; and
(iii) remains necessary;
(ba) to report on matters relating to the performance of the Monitor's functions as set out in paragraphs (a) and (b);
(bb) to report on reviews completed under subsections (1B), (1C) and (1F);
(c) if a matter relating to counter - terrorism or national security is referred to the Monitor by a Minister under section 7--to report on the reference;
(ca) if a matter is referred to the Monitor by the Committee on Intelligence and Security under section 7A, and the Monitor decides to perform the function under paragraph (1)(a) or (b) in relation to the reference--to report on that reference;
(d) to assess whether Australia's counter - terrorism or national security legislation is being used for matters unrelated to terrorism and national security;
(f) the functions conferred by subsections (1E) and (1F).
(1A) If a matter is referred to the Independent National Security Legislation Monitor by the Committee on Intelligence and Security under section 7A, the Monitor may perform the function set out in paragraph (1)(a), (b) or (ca) in relation to the matter.
(1B) The Independent National Security Legislation Monitor must, as soon as practicable after the third anniversary of the day the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 receives the Royal Assent, begin a review under paragraph (1)(a) of the following provisions of Chapter 5 of the Criminal Code :
(a) Division 82 (sabotage);
(b) Part 5.2 (espionage and related offences);
(c) Part 5.6 (secrecy of information).
(1C) The Independent National Security Legislation Monitor must:
(a) review the operation, effectiveness and implications of Division 105A of the Criminal Code and any other provision of that Code as far as it relates to that Division; and
(b) complete the review as soon as practicable after 7 December 2021.
(1E) The Independent National Security Legislation Monitor must:
(a) review the operation, effectiveness and implications of the amendments made by Schedules 1, 2 and 3 to the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 ; and
(b) commence to do so before the end of the 3 - year period beginning on the day that Act receives the Royal Assent.
(1F) The Independent National Security Legislation Monitor must:
(a) review the operation, effectiveness and implications of:
(i) Subdivision C of Division 3 of Part 2 of the Australian Citizenship Act 2007 (which deals with citizenship cessation), as amended by Schedule 1 to the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 ; and
(ii) any other provision of the Australian Citizenship Act 2007 so far as it relates to that Subdivision; and
(b) complete the review as soon as practicable after the end of the 3 - year period beginning on the day the amendments of that Subdivision commence.
(2) To avoid doubt, the following are not functions of the Independent National Security Legislation Monitor:
(a) to review the priorities of, and use of resources by, agencies that have functions relating to, or are involved in the implementation of, Australia's counter - terrorism and national security legislation;
(b) to consider any individual complaints about the activities of Commonwealth agencies that have functions relating to, or are involved in the implementation of, Australia's counter - terrorism and national security legislation.
(3) The Independent National Security Legislation Monitor has the power to do all things necessary or convenient to be done for or in connection with the performance of the Monitor's functions.