Current Reviews

The report of the Monitor’s review of the operation, effectiveness and implications of the amendments made by the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (Cth) (SLAID Act) has been tabled in Parliament by the Attorney-General. This Act introduced new powers for the AFP and ACIC to disrupt serious crime online, identify offenders through intelligence gathering and to takeover online accounts to gather evidence.

The report makes 21 recommendations. Key recommendations include the establishment of a new system for issuing warrants with a panel of retired judges as the issuing authority, public interest monitors, and a mechanism for access to independent technical advice.

The INSLM is currently reviewing Australia’s espionage, foreign interference, sabotage and theft of trade secrets offences (Division 82 and Part 5.2 of the Criminal Code Act 1995). The Review will consider the operation, effectiveness and implications of the offences, as well as whether they remain necessary and proportionate.

The INSLM is in the early stages of reviewing the definition of a ‘terrorist act’ under Australian law (Part 5.3, section 100.1 of the Criminal Code Act 1995). The Review will consider the definition, when read in conjunction with associated offences and powers, as well as whether it remains necessary and proportionate to the threat of terrorism.