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-.
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.’
Held at the Australian National University, Commons Function Centre.