Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

I thank colleagues for their contributions to the debate on this bill. I also thank the Parliamentary Joint Committee on Intelligence and Security for the recommendations in its 2021 AFP powers report, which informed the measures in the bill as well as the advisory report on the bill tabled 19 October 2023. Recommendation 1 of the 2023 report to introduce amendments to establish a post-entry warrant framework has now been implemented through government amendments moved in the other place.

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 will 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 until December 2026. This will ensure that law enforcement remains equipped to prevent and respond to terrorist attacks and that the provisions are reviewed again within an appropriate period to ensure they are 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 attack, and 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. This acknowledges the serious and extraordinary nature of these orders and the significant volume of evidence that must be considered in making these decisions. The bill would require that an issuing court must consider the combined effect of all these conditions in a control order in addition to the appropriateness of the individual conditions. It would also provide that a court can impose any conditions it considers appropriate. These measures would ensure control orders can be better tailored to address the risk profile of the individuals concerned. To allow greater flexibility in ensuring that control order conditions remain appropriate if 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 would also improve transparency in relation to the operation of the post-sentence order regime in division 105 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 2020, maintaining criminal liability for current and former Commonwealth officers for breaches of approximately 296 nondisclosure duties in Commonwealth laws. This will allow for finalisation of a comprehensive review of the Commonwealth secrecy offences and its consideration by government.

The government thanks senators who have contributed to this debate, and states and territories for their engagement, and we commend the bill for passage.

Question agreed to.