Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

by leave—I move Democrat amendments (7) and (8) on sheet 5327:

(7)    Schedule 1, item 1, page 49 (lines 4 to 11), omit subsections 15JA(1) and (2), substitute:

        (1)    An authority for an authorised civilian of a kind covered by paragraph 15HZ(2)(h) remains in force until the end of the period specified in the authority in accordance with subparagraph 15HZ(2)(h)(iii), unless the authority is cancelled sooner under section 15JB.

        (2)    An authority for an authorised person (other than an authorised civilian of a kind covered by paragraph 15HZ(2)(h) expires at the end of the period of 3 months after the day on which it was given, unless cancelled earlier under section 15JB or, during the period, was extended by a nominated Tribunal member.

        (3)    In applying for an extension of a controlled operation authority, the principal law enforcement officer must provide a progress report in accordance with the time period for review under subsection (4) to the nominated Tribunal member that outlines:

             (a)    how effective the operation has been to date in gathering evidence in relation to the offence and targeted person specified in the original authority that may lead to prosecution of a person for a specified serious offence;

             (b)    whether any unlawful conduct authorised and/or carried out in the course of the controlled operation up until that point was outside the scope of the initial authority or went beyond what was necessary to conduct an effective controlled operation;

             (c)    whether any conduct up until that point by an authorised person in the controlled operation:

                   (i)    seriously endangered the health or safety of any person; or

                  (ii)    caused the death of, or serious injury to, any person; or

                 (iii)    involved the commission of a sexual offence against any person; or

                 (iv)    resulted in loss of, or serious damage to, property (other than illicit goods);

             (d)    the participation up until that point of any civilians in the controlled operation, particularly any authorised unlawful conduct engaged in by civilian participants, and whether the role played by any civilian participant could have been adequately performed by law enforcement officers.

        (4)    An extension granted under subsection (2), must only be granted if the certificate has been reviewed by a nominated Tribunal member during the last 2 weeks of the period of 3 months after the day on which the certificate was given under section 15J.

        (5)    An extension granted under subsection (2) can extend a controlled operation to a total duration for the operation of no longer than 6 months.

        (6)    The nominated Tribunal member must not decide that the certificate should be in force for 6 months unless he or she is reasonably satisfied:

             (a)    as to all the matters referred to in paragraphs 15GH (2)(a) to (h); and

             (b)    that the benefits of the operation to date, with respect to gathering evidence which may lead to prosecution of a person for a specified serious offence, substantially outweigh the degree and scope of the unlawful conduct required to obtain that benefit, particularly where civilian participants are involved, having regard to factors set out in subsection (3).

        (7)    The nominated Tribunal member must give written notice of his or her decision on the review to the principal law enforcement officer in charge of the controlled operation and the chief officer of the agency to which the certificate relates.

(8)   Schedule 1, item 1, page 49 (line 15), after “agency”, add “except for granting of extensions as required under 15JA”.

Democrat amendments (7) and (8) are in relation to the granting of extensions for controlled operations. We seek to amend schedule 1 of the bill to retain the requirement that extensions of controlled operations for three-month periods be approved by a member of the AAT and also require that a principal law enforcement officer applying for an extension of the controlled operation authority must provide a progress report to the AAT which addresses the effectiveness of the operation, whether unlawful conduct has exceeded the scope of the initial authority or has endangered the public and whether civilian involvement is still necessary. Essentially we are looking to strengthen the monitoring role of the AAT. I referred to this, obviously, in my speech in the second reading debate. Amendment (8), dealing with the extension limits, seeks to limit the ability of the chief officer of an agency to vary or extend the operation in line with the expanded role of the AAT. I commend the amendments to the chamber.

Question negatived.

Through you, Chair, to the minister, I am going to say something to goad you, Senator Johnston, just to get something on record.