David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I rise to speak on the Counter-Terrorism Legislation Amendment Bill (No. 1) 2018. This bill extends powers that are due to sunset on 7 September 2018. It's almost not necessary to explain why I oppose this bill, because just reading out what those powers are that are being extended is almost sufficient by itself. I will go through them. The bill extends for three years the Commonwealth control order regime. This allows a court to impose restrictions on a person without needing to suspect the person of a crime or to intend to charge the person with a crime and where noncompliance with that order can lead to five years imprisonment.

The bill extends for three years the Commonwealth preventive detention regime, which allows the Australian Federal Police to detain a person for up to 48 hours without needing to suspect the person of a crime or to intend to charge the person with a crime and where, again, noncompliance with that detention can lead to five years imprisonment. It extends for three years the Commonwealth's declared areas provisions, which make it an offence punishable by up to 10 years imprisonment to enter or remain in an area in a foreign country declared by the foreign minister. It extends for three years the Commonwealth's stop, search and seizure powers, which allow a person in a Commonwealth place in a prescribed security zone to be searched without a warrant and without the need for reasonable suspicion. The bill also extends for one year ASIO's power to have a person who is not suspected of a crime forcibly taken into custody, detained for up to seven days, required to answer questions and provide documents, and required to not disclose the questioning and detention, with noncompliance punishable by up to five years imprisonment.

These five powers—four to be extended for three years, one for one year—are scarcely used. The control order regime has been used just six times. The preventive detention regime has never been used. The declared areas provisions have never been used. The stop, search and seizure powers have never been used. ASIO's power to hold people for questioning for up to seven days, which they're not allowed to tell anyone about, has been used 16 times. So the question is: if those powers are not being used, why are they there? There is no specific threat referred to as justification for extending them. On the one hand, in a liberal democracy—a true, free society—they are of little use and benefit. They would, on the other hand, be of considerable benefit to an authoritarian regime which was seeking to establish its authority. Therefore, this is a risk to society. This is a risk to our freedom. This is a risk to liberal democracy. We are handing powers, which we say are fine—they haven't been used; they will only be used in rare instances—to authorities basically as a blank cheque. As Senator Patrick has so eloquently discussed just prior to me speaking, there is no parliamentary oversight for the use of those powers. This is a travesty of democracy. It is contrary to the principles of a free society. I emphatically oppose this bill.