Senate debates

Thursday, 13 November 2008

Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]

In Committee

1:35 pm

Photo of Judith TroethJudith Troeth (Victoria, Liberal Party) Share this | Hansard source

I move opposition amendment (2) on sheet 5632:

(2)    Clause 8, page 3 (line 26) to page 4 (line2), omit the clause, substitute:

8 Functions of the Independent Reviewer

                 The functions of the Independent Reviewer are:

             (a)    at the request of the responsible Minister; or

             (b)    at the request of the Parliamentary Joint Committee on Intelligence and Security; or

             (c)    on the Independent Reviewer’s own motion;

to review terrorism laws in order to assess whether the laws and their operation:

             (d)    are an effective and efficient means of preventing, detecting or prosecuting terrorist acts; and

             (e)    alter fundamental legal principles, such as habeas corpus; and

              (f)    are consistent with Australia’s human rights obligations; and

             (g)    have any adverse social consequences.

This amendment details the functions of the independent reviewer. We agreed that it was necessary to comprehensively describe the role, function and criteria of the review. Amended clause 8 provides more detailed descriptions of the function—that is, it must assess laws to ensure consistency with human rights obligations. We also agree with Senator Ludlam’s amendment on that same clause.

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