THE HON MARK DREYFUS QC MP
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR THE ARTS
MEMBER FOR ISAACS
MEDIA RELEASE
REPORT OF INTELLIGENCE COMMITTEE SHOWS VALUE OF PUBLIC
SCRUTINY OF PROPOSED NATIONAL SECURITY LAWS
Labor welcomes the advisory report on the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, released today by the Parliamentary Joint Committee on Intelligence and Security.
Although the Committee has carried out its inquiry in an expedited time frame, this bipartisan report demonstrates the value of public and parliamentary scrutiny of legislation that impacts on the rights and freedoms of Australians.
During the public consultation process a number of significant concerns about the Governments Bill were brought to the Committees attention.
In response, the Committee has recommended 36 significant improvements to the Bill.
Key recommendations of the Committee include:
- Instead of a further 10 year sunset period, the regimes for control orders, preventative detention orders, stop search and seizure orders, and questioning and detention warrants will be reviewed 18 months after the next federal election, and will sunset within 24 months unless further extended by legislation.
- The proposed offence for entering, or remaining in, a declared area, should sunset two years after the next Federal election; with a review by the Independent National Security Legislation Monitor 12 months after the Federal election and by the Committee 18 months after the next Federal election.
- That legitimate reporting of matters in the public interest are better protected by the Attorney-General introducing amendments to the Explanatory Memorandum. These amendments are to confirm that the Commonwealth Director of Public Prosecution must take into account the public interest, including the public interest in publication, before initiating a prosecution for the disclosure of information relating to a delayed notification search warrant.
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That the Attorney-General further clarify the meaning of the terms encourage, advocacy and promotion of terrorism by amendment to either the Bill or its Explanatory Memorandum.
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The proposal to allow the Government to issue a regulation to authorise the collection of additional personal identifiers of passengers travelling through Australian ports, for example biometric data, not proceed.
The Committees recommendations for the automatic expiry of control order, preventative detention order, stop search and seizure order, and questioning and detention warrant regimes in the next term of government reinforce Labors long held view that such extraordinary powers should be treated as exceptional measures to deal with exceptional circumstances.
Labor looks forward to the Governments response to the Committees recommendations, including clarifications of some provisions and the drafting of any necessary amendments to the Bill and Explanatory Memorandum.
Labor also renews our call for the Government to immediately appoint a new Independent National Security Legislation Monitor.
Protecting Australians and the security of our nation is the highest priority of all governments.
Labor will assist the Government by supporting the many significant improvements to the Foreign Fighters Bill recommended by the Intelligence Committee.
We are committed to ensuring that our counter-terrorism laws are effective, fair, and consistent with our nations values as a democratic society under the rule of law.
FRIDAY, 17 OCTOBER 2014
