30 May 2017
Independent National Security Legislation Monitor submission
Jacinta Carroll, Head of ASPI’s Counter-Terrorism Policy Centre, was invited by Dr James Renwick SC, the Independent National Security Legislation Monitor (INSLM), to make a submission to his Statutory Deadline Review into certain elements of Australia’s counter-terrorism legislation. The review is considering:
- Division 3A of Part IAA of the Crimes Act 1914 (Cth) introduced by the Anti-Terrorism Act (No 2) 2005 on stop, search and seizure powers;
- Sections 119.2 and 119.3 of the Criminal Code 1995 (Cth) introduced by the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (Cth) which clarified declared areas; and
- Divisions 104 and 105 of the Criminal Code 1995 (Cth) on control orders and preventative detention orders introduced by the Anti-Terrorism Act (No 2) 2005, including the interoperability of the control order regime with the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 (Cth).
Ms Carroll’s submission to the INSLM provides advice on the terrorist threat environment in Australia and how this legislation works as part of Australia’s overall approach to counter-terrorism, with a particular focus on the importance of these laws in preventing terrorism. The submission notes that the laws under review are part of a broad suite of legislation that has been developed to provide appropriate powers to prevent and deal with terrorist-related crime. They have been developed and revised at different times to deal with the changing nature of the threat and, overall, serve Australia’s counter-terrorism efforts well.