Intelligence and Security Committee Amendment Act 2013

1: Title
This Act is the Intelligence and Security Committee Amendment Act 2013.
2: Commencement
This Act comes into force on the day that is 1 month after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Intelligence and Security Committee Act 1996 principal Act 2013-09-26 Intelligence and Security Committee Act 1996
4: Section 6 amended (Functions of Committee)
1: After section 6(1)﻿(a)
ab: without limiting paragraph (a), to conduct an annual financial review of the performance of an intelligence and security agency in the previous financial year after the responsible Minister has submitted a copy of the agency's annual report to the Committee:
2: Replace section 6(1)﻿(e)
e: subject to section 18,—
i: to present an annual report to the House of Representatives on the activities of the Committee; and
ii: to make an annual report publicly available on the Internet site of the New Zealand Parliament:
f: to consider and discuss with the Inspector-General of Intelligence and Security his or her annual report as presented to the House of Representatives under section 27(3) of the Inspector-General of Intelligence and Security Act 1996.
5: New section 7A inserted (Further provisions relating to chairperson and Leader of the Opposition)
After section 7
7A: Further provisions relating to chairperson and Leader of the Opposition
1: Subsection (2)
a: the Committee is, in the course of conducting a financial review of an intelligence and security agency, discussing any matter relating to the performance of the intelligence and security agency; and
b: the Prime Minister is the responsible Minister under the legislation governing the intelligence security agency.
2: If the Prime Minister is chairing the meeting of the Committee at which the matter is discussed,—
a: the Prime Minister must not act as chairperson of the Committee; and
b: another member of the Committee nominated by the Prime Minister, being one of the 2 members appointed under section 7(1)﻿(c), must act as chairperson.
3: The chairperson of the Committee may appoint either of the following (if not already a member of the Committee) to be an alternate chairperson to act as chairperson at the discretion of the chairperson in the absence of the chairperson at a meeting of the Committee:
a: the Deputy Prime Minister:
b: the Attorney-General.
4: The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to act in place of the Leader of the Opposition in the absence of the Leader of the Opposition at a meeting of the Committee.
6: Section 12 amended (Conduct of proceedings)
After section 12(2)
2A: However, subsection (2) does not apply when the Committee is performing its function specified in section 6(1)﻿(ab)
7: Section 13 amended (Meetings of Committee)
After section 13(6)
6A: Subsection (6) applies subject to section 7A
8: Section 18 amended (Restrictions on reports to House of Representatives)
In section 18(1) reporting presenting an annual report or other report
9: New sections 21 to 27 and cross-heading inserted
After section 20 Periodic reviews
21: Requirement to hold periodic reviews
A review of the intelligence and security agencies, the legislation governing them, and their oversight legislation must, in accordance with the terms of reference specified under section 22(3)﻿(a)
a: commenced before 30 June 2015; and
b: afterwards, held at intervals not shorter than 5 years and not longer than 7 years.
22: Appointment of reviewers and related matters
1: A review under section 21 reviewers
2: The reviewers appointed under subsection (1)
3: The Attorney-General must also specify—
a: the terms of reference for the review, which may include any matter relevant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and
b: any matters that he or she considers that the reviewers should take into account in determining how to conduct the review; and
c: the date by which the review is to be concluded.
4: Before doing anything under this section, the Attorney-General must consult the Committee.
5: The persons appointed as reviewers, the terms of reference of the review, any matters specified in relation to the conduct of the review, and the date by which the review must be concluded must be notified in the Gazette
23: Provision of information
To assist the reviewers to conduct their review,—
a: the reviewers may ask the chief executive of an intelligence and security agency and the Inspector-General of Intelligence and Security to provide information; and
b: the chief executive of an intelligence and security agency or the Inspector-General of Intelligence and Security may provide information to the reviewers, whether in response to a request under paragraph (a)
24: Report of reviewers
1: After completing a review, the reviewers must prepare a report containing the results of their review.
2: The report must be provided to the Committee by the date specified for the completion of the review.
3: After the Committee has considered the report, the Committee must present the report to the House of Representatives.
4: For the purposes of subsection (3)
25: Remuneration of reviewers
1: A reviewer is entitled—
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a reviewer.
2: For the purposes of subsection (1) fees framework
26: Provision of administrative and other support
1: The Ministry of Justice is responsible for providing to the reviewers the administrative, secretarial, and other support necessary for the reviewers to conduct their review effectively and efficiently.
2: A person providing administrative, secretarial, or other support under subsection (1)
27: Reviewers to determine own procedure
The reviewers may determine their own procedure subject to any matters specified under section 22(3)﻿(b)