Stop, search and seizure powers, declared areas, control orders, preventive detention orders and continuing detention orders
The Law Council is pleased to participate in the Independent National Security Legislation Monitor’s (INSLM) review of the following areas of counter-terrorism and national security legislation:
- Division 3A of Part IAA of the Crimes Act 1914 (Cth) (Crimes Act) (stop, search and seize powers);
- Offences relating to entering and remaining in ‘declared areas’ under division 119 of the Criminal Code Act 1995 (Cth) (Criminal Code); and
- Divisions 104 and 105 of the Criminal Code (control orders and preventive detention orders) including the interoperability of the control order regime and the High Risk Terrorist Offenders Act 2016 (Cth) (HRTO Act).
The Law Council supports counter-terrorism legislative measures, provided any such legislation is justified as necessary, proportionate and is consistent with rule of law principles.
The Law Council considers that the following principles should be used for evaluating the above laws:
- consistency with the rule of law;
- consistency with the requirements of international law concerning terrorism; and
- consistency with Australia’s international human rights obligations.
Applying these principles, this submission sets out the following key issues and recommendations relating to the laws currently under consideration by the INSLM.
You can read the full submission below.
Last Updated on 07/06/2018