Supplementary Order Paper No 264

Explanatory note

This Supplementary Order Paper amends the Intelligence and Security Bill by—

  • amending clause 36 to include a definition of evidence for the purposes of subpart 2 of Part 3 (which relates to corporate identities). The definition is consistent with a definition in clause 25; and

  • extending clause 40 to allow a Director-General of an intelligence and security agency to direct an agency to take steps to negate the effect of an earlier action taken under clause 39 (which relates to assistance in maintaining a legal identity, status, or capacity); and

  • amending clause 49 (which provides that an intelligence and security agency may carry out an otherwise unlawful activity only if that activity is an authorised activity) to provide that an intelligence and security agency cannot request the government or entity of another country to carry out an activity that would be unlawful for the agency to carry out. This will ensure that an intelligence and security agency can only make such a request lawfully if the making of the request is authorised by a warrant (that is, it is an authorised activity under clause 63(1)(e)); and

  • making minor amendments to correct cross-referencing errors, ensure consistency, and improve clarity.

The Right Honourable Bill English, in Committee, to propose the amendments shown in the following document.