Supplementary Order Paper No 306

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
  •  new clause 5A: this should be read together with new clauses 25A and 25B and Schedule 1. These provisions give effect to a new drafting development this year whereby application, savings, and transitional provisions are now being located in the Act being amended (usually in a schedule of the Act) rather than being located in amending legislation where it can be overlooked if a reader of the Act on the New Zealand Legislation web site does not look at the amending legislation. The effect of the transitional provisions in the new schedule of the Government Communications and Security Bureau Act 2003 (set out in Schedule 1 of the Bill) is that the amendments in Part 1 of the Bill do not apply to warrants and authorisations in force immediately before the amendments come into force. However, those warrants and authorisations are to be treated as having expired at the close of the third month after the Bill receives the Royal assent, unless they have expired earlier:

  •  clause 6: the amendment to new section 8C(2) is a drafting amendment for grammatical reasons:

  •  clause 14: new section 15D, which specifies the information that an interception warrant or access authorisation must contain, is replaced. The replacement section is more consistent with the terms of new section 15A which provides for the issue of warrants and authorisations. Consequential amendments to new section 15E are made as a result:

  • Part 2—Amendments to Inspector-General of Intelligence and Security Act 1996
  •  clause 33A: this clause inserts new sections 15A to 15F, which relate to the new advisory panel that is to provide advice to the Inspector-General of Intelligence and Security. The amendment is to new section 15E, which provides for clerical and secretarial services to the panel, and requires any person providing clerical and secretarial services to have an appropriate security clearance:

Departmental disclosure statement

The Department of the Prime Minister and Cabinet considers that a disclosure statement is not required to be prepared for this Supplementary Order Paper.

Right Honourable John Key, in Committee, to propose the amendments shown in the following document.