Counter-Terrorism and Other Legislation Amendment Bill 2023
The Law Council of Australia provided a submission to the Parliamentary Joint Committee on Intelligence and Security (the PJCIS) regarding its inquiry into Counter-Terrorism and Other Legislation Amendment Bill 2023 (the Bill).
The Bill would extend the operation of Australian Federal Police (AFP) powers relating to terrorism under the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth) (the Criminal Code) for a further three years, to December 2026. These powers relate to:
- the authority to stop, question and search persons and seize items in Commonwealth places, including in ‘prescribed security zones’, without a warrant and, in relation to prescribed security zones, without the need for reasonable suspicion (Crimes Act, Part 1AA, Division 3A);
- the control order (CO) regime, which allows for obligations and restrictions to be imposed on a person for the purpose of protecting the public from a terrorist act or to prevent the provision of support for the facilitation of a terrorist act (Criminal Code, Division 104); and
- the preventative detention order (PDO) regime, which allows a person to be taken into custody and detained for up to 48 hours if it is suspected, on reasonable grounds, that they are preparing to engage in a terrorist act (Criminal Code, Division 105).
In this submission, these powers are collectively referred to as AFP stop, search and seize powers, and the CO and PDO regime.
You can read the full submission below.