Statutory Functions

Legislation

The following legislation is reviewable as part of the INSLM’s functions:

  1. Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (questioning warrants and questioning/detention warrants)
  2. Part 4 of the Charter of the United Nations Act 1945 (Security Council decisions)
  3. The following provisions of the Crimes Act 1914:
    1. Division 3A of Part IAA (police stop and search powers)
    2. Sections of 15AA and 19AG (bail and non-parole periods)
    3. Part IC, to the extent that the provisions of that part relate to the investigation of terrorism offences (investigation of Commonwealth offences, including detention powers)
  4. Chapter 5 of the Criminal Code (security of the Commonwealth)
  5. Part IIIAAA of the Defence Act 1903 (Defence Force call out powers)
  6. The National Security Information (Criminal and Civil Proceedings) Act 2004
  7. Any other law of the Commonwealth to the extent that it relates to Australia’s counter terrorism and national security legislation (for example other laws which facilitate terrorism investigations).

Reviews

Under the INSLM Act, the INSLM must also review the following counter-terrorism and national security legislation by 7 September 2017 (this legislation is due to cease on 7 September 2018)

  • Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (questioning warrants and questioning/detention warrants)
  • Division 3A of Part IAA of the Crimes Act 1914 (police stop and search powers and prescribed zones)
  • Divisions 104 and 105 of the Criminal Code (control orders and preventative detention orders)
  • Sections 119.2 and 119.3 of the Criminal Code (declared areas).

Scope of Reviews

Under the INSLM Act, the INSLM must give particular emphasis to provisions of the above legislation that have been applied, considered or purportedly applied during the last financial year or the immediately preceding financial year.

The INSLM must also have regard to Australia’s obligations under international agreements, including human rights obligations, counter-terrorism obligations, international security obligations and arrangements agreed from time to time between the Commonwealth, the States and the Territories to ensure a national approach to countering terrorism.

References

Under the INSLM Act, either the Prime Minister or the Parliamentary Joint Committee on Intelligence and Security may refer a matter relating to counter-terrorism or national security to the INSLM to report on. The INSLM Act provides for such reports to be tabled in Parliament.