Submission to Inquiry into the National Security Legislation Amendment Bill (No 1) 2014 Cth

In considering under Schedule Two the question whether the Bill "appropriately implements the recommendations agreed by the Committee ...and to assess the balance of national security and safeguards proposed in the Bill", it is important to highlight some distinctive conceptual shifts within the Schedule which weaken existing accountability measures and liberalise surveillance capabilities. The starting point is the removal of the "general prohibition on ASIO's use of listening devices, tracking devices and optical surveillance devices and [identification of] the circumstances under which ASIO can use a surveillance device without a warrant". The existing legislation is based on principles of restriction and exceptionality in the use of such devices and in the interception of postal service and delivery service articles - through common statements of the unlawfulness of such activity, unless their use is authorised by a warrant under prescribed conditions by the Attorney General.