Review

Current Review – INSLM Statutory Deadline Reviews

The INSLM’s governing legislation, sets out a number of legislative schemes that the INSLM must consider and report either on a recurring basis, or by a specified time.

In relation to the latter category, the INSLM is required to review the following legislation by 7 September 2017:

  • Division 3A of Part IAA of the Crimes Act (Stop, Search & Seize powers);
  • Sections 119.2 and 119.3 of the Criminal Code (Declared Areas);
  • Divisions 104 and 105 of the Criminal Code (Control Orders & Preventive Detention Orders) including the interoperability of the control order regime and the High Risk Terrorist Offenders Act 2016-.

Background

Part 1AA, Division 3A was introduced by the Anti-Terrorism Act (No 2) 2005 (Cth) to provide a “new regime of stop, question, search and seize powers” that will be exercisable at airports and other Commonwealth places to prevent or respond to terrorism.

Sections 119.2 and 119.3 of the Criminal Code were introduced into the Criminal Code in 2014 by the Counter-Terrorism Legislation Amendment (Freedom Fighters) Act 2014 (Cth) and provide the Minister for Foreign Affairs with a power to identify certain areas of the world in which, if an Australian enters without sufficient justification, they will commit an offence.

Control orders (that impose restrictions prohibitions and obligations upon a person for the purposes of: protecting the public from a terrorist act; preventing the provision of support for, or the facilitation of, a terrorist act; preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country) were introduced into the Criminal Code by the Anti-Terrorism Act (No 2) 2005 (Cth). In its Advisory Report on the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) recommended that ‘the Government consider whether the existing control order regime could be further improved to effectively operate alongside the proposed continuing detention order regime. Any potential changes should be developed in time to be considered as part of the reviews of the control order legislation to be completed by the Independent National Security Legislation Monitor (INSLM) by 7 September 2017 and the PJCIS by March 2018.

Division 105 was introduced into the Criminal Code in 2005 by the Anti-Terrorism Act (No 2) 2005 (Cth) to enable the creation of PDOs to ‘allow a person to be taken into custody and detained for a short period of time in order to: (a) prevent an imminent terrorist act occurring which is capable of being carried out and could occur within
14 days; or (b) preserve evidence of, or relating to, a recent terrorist act.’

Submissions

The INSLM invites organisations and members of the public to make submissions on this matter for the INSLM’s consideration.  Advertisements seeking submissions will appear in the national news publications in the coming week.  Submissions are to be provided by Friday 28 April 2017.  Submissions received after this date may not be considered for this review, but are welcome throughout the year relating to other matters.

Further guidance about making a submission, including accessibility and other content requirements, are available on this website. (Please refer to the Submissions website).

Submissions to the Statutory Deadline Reviews will be published progressively. Publication will not be immediate as submissions need to be read and processed prior to publication.  Submissions will be allocated a number in the order they are received and are published in that order. If you wish to make a confidential submission, or wish for part of your submission to be withheld from publication, please indicate this in your submission.

Persons who make submissions may be invited by the INSLM to give evidence at hearings conducted under the Independent National Security Legislation Monitor Act 2010 (INSLM Act).

Views or opinions expressed in submissions reflect the views of the persons or entities making those submissions only. The publication of submissions on this website does not constitute any form of endorsement in either those submissions, or views or opinions expressed within them, by the INSLM.

Copyright in submissions or other related materials is not vested in the Commonwealth or the INSLM. The Australian Government does not accept responsibility for any breaches of copyright subsisting in submissions or other related materials.

Hearings

Statutory Deadline Review – Public Hearing

Friday, 19 May 2017, 9:45am – 5pm

Venue: Australian National University, Commons Function Centre (Corner of Rimmer Street and Kingsley Street, Acton ACT)

Time: 9.45am – 5pm. The hearing room will be open to the public from 9.15am.

The hearing is divided into three sessions for key stakeholder groups. (Please refer to program below – please note that this program is subject to change by the INSLM at his discretion.)

Time Session
9:45 am – 10 am

Opening remarks – Dr James Renwick SC, A/g Independent National Security Legislation Monitor

1st Session

10 am – 11:20 am

Government Agencies  

Australian Federal Police (AFP)

Mr Michael Phelan APM (Deputy Commissioner for National Security)

Australian Security and Intelligence Organisation (ASIO)

Mr Duncan Lewis AO, DSC, CSC (Director-General of Security)

Attorney-General’s Department (AGD)

Ms Katherine Jones  (Deputy Secretary, National Security & Emergency Management Group)

2nd Session

11:30 am – 12:30 pm

Expert Panel

Dr Rodger Shanahan (Research Fellow, Lowy Institute for International Policy)

Mr John Lawler AM APM (Former CEO, Australian Crime Commission)

3rd Session

12:35 pm – 1:05 pm

Legal Profession, Academics and Public Interest Groups

Mr Edward Santow (Human Rights Commissioner, Australian Human Rights Commission)

Ms Sophie Farthing (Adviser to the Human Rights Commissioner, Australian Human Rights Commission)

Mr John Howell (Legal Section, Australian Human Rights Commission)

1:05 pm – 2 pm Lunch Break

3rd Session continued

2 pm – 4:30 pm

Legal Profession, Academics and Public Interest Groups

Mr Tim Game SC (Co-Chair, National Criminal Law Committee, Law Council of Australia)

Dr David Neal SC (Member, National Criminal Law Committee, Law Council of Australia)

Dr Natasha Molt (Senior Legal Advisor, Law Council of Australia)

Dr Nicola McGarrity (UNSW Sydney, Faculty of Law)

Oberservers: 

Members of the public and the media are welcome to observe the hearings. If you wish to attend as an observer it would be appreciated if you could please email inslm@pmc.gov.au and advise if you are attending as a member of the public or the media reporting on proceedings, to assist numbers for the venue.

Transcript:

A transcript of the hearings will be published on the INSLM website https://www.inslm.gov.au/  in due course. (The hearing will not be broadcast or webcast.)      


Next review – TBA