Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Assistant Minister for Defence) Share this | Link to this | Hansard source

I thank all of our parliamentary colleagues for their contributions to the debate on the Counter-Terrorism and Other Legislation Amendment Bill 2023.

This bill would provide for the continuation of key counterterrorism powers. It would also enhance safeguards and oversight mechanisms for these powers, providing appropriate checks and balances which promote the rule of law and procedural fairness.

The bill would extend the sunsetting of the emergency stop, search and seizure powers in the Crimes Act and the control order and preventative detention order regimes in the Criminal Code to 7 December 2026. This will ensure that law enforcement remains equipped to prevent and respond to terrorist acts and that the provisions are reviewed again within an appropriate period to ensure they continue to be fit for purpose in light of current threats.

The bill would introduce critical safeguards to prevent the exercise of extraordinary police powers unless it is necessary and appropriate to prevent or respond to a terrorist act and to assist oversight bodies in performing their important functions in investigating and reviewing the use of these powers.

The bill would limit the power to issue control orders to the Federal Court of Australia and limit the classes of persons who may be appointed as an issuing authority for preventative detention orders to superior court judges only. This acknowledges the serious and extraordinary nature of these orders and the significant volumes of evidence that must be required to make these decisions. The bill would require that an issuing court must consider the combined effect of the conditions of the control order, in addition to the appropriateness of individual conditions. It will also provide that a court can impose any conditions it considers appropriate. These measures would ensure that control orders can better be tailored to address the risk profiles of the individuals concerned. To allow greater flexibility in ensuring that control order conditions remain appropriate if the controlee's circumstances change during the life of the order, the bill would enable the variation of a control order, including the addition of new conditions by consent. The bill will also improve transparency in relation to the operation of post-sentence order regimes in division 105A of the Criminal Code by expanding public reporting requirements.

Finally, the bill would extend the sunsetting date of section 122.4 of the Criminal Code by 12 months to 29 December 2024, maintaining criminal liability for current and former Commonwealth officers for breaches of approximately 296 disclosure duties in Commonwealth laws. This will allow for the finalisation of a comprehensive review of the Commonwealth secrecy offences and its consideration by government. I note that the Parliamentary Joint Committee on Intelligence and Security has this morning tabled a bipartisan report recommending passage of the bill and the amendments moved. In conclusion, once again, thanks to all members who have contributed to the debate and the states and territories for their engagement on this bill.

I commend the bill to the House.

Question agreed to.

Bill read a second time.