George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

by leave—I move government amendments (6), (8) to (10), (26), (27), (31), (32) and (40) together:

(6) Schedule 1, item 33, page 12 (lines 4 and 5), omit the item, substitute:

33 Section 34ZZ

  Omit "22 July 2016", substitute "7 September 2018".

(8) Schedule 1, item 43, page 13 (line 27), omit "15 December 2025", substitute "7 September 2018".

(9) Schedule 1, item 44, page 14 (line 3), omit "15 December 2025", substitute "7 September 2018".

(10) Schedule 1, item 45, page 14 (line 6), omit "15 December 2025", substitute "7 September 2018".

(26) Schedule 1, item 86, page 70 (line 18), omit "15 December 2025", substitute "7 September 2018".

(27) Schedule 1, item 87, page 70 (line 21), omit "15 December 2025", substitute "7 September 2018".

(31) Schedule 1, item 107, page 75 (line 20), omit "15 December 2025", substitute "7 September 2018".

(32) Schedule 1, item 108, page 75 (line 23), omit "15 December 2025", substitute "7 September 2018".

(40) Schedule 1, item 110, page 83 (line 32), omit "10 years after it commences", substitute "at the end of 7 September 2018".

This bracket of amendments deals with the sunset provisions. They collectively implement recommendations 13 and 20 of the Parliamentary Joint Committee on Intelligence and Security. The amendments reduce the sunset period for the stop, search and seizure powers in division 3A of part IA of the Crimes Act, control orders, preventative detention orders and the new declared area offence in the Criminal Code and the ASIO questioning and detention powers.

Although the PJCIS recommended setting the sunset at two years after the last federal election that would result in uncertainty about the period of operation of these important powers. Accordingly, a date that would meet the intent of the recommendation but provide certainty was selected. That date, 7 September 2018, is two years after the third anniversary of the last general election—that is, the general election prior to 2018. So the two-year period is kept, but a date has been selected that enables that period of two years to be reflected in the date most approximately likely to be the actual date of the two-year anniversary.

Although the sunset could have been set as late as 14 January 2019, because that is two years after the very last date on which parliament could be dissolved, being the three-year anniversary of the first meeting of the House of Representatives after the previous election, the earlier date is more consistent with the intent of reduced sunset periods, more content with the spirit of the PJCIS report and means, as I said, Senator Wright, that the sunset provision will likely take effect sooner rather than later.