The Bill would extend the operation of Australian Federal Police (AFP) powers relating to terrorism under the Crimes Act 1914 (Crimes Act) and the Criminal Code Act 1995 (Criminal Code) for a further three years, to December 2026. These powers relate to:

• authority to stop, question and search persons and seize items in Commonwealth places, including in ‘prescribed security zones’; without a warrant (Crimes Act, Part 1AA, Division 3A)
• the control order regime (Criminal Code Division 104)
• the preventative detention order regime (Criminal Code Division 105).

These powers would otherwise cease (‘sunset’) in December 2023.

The Bill proposes to implement certain changes to counter-terrorism powers in response to the recommendations of a previous PJCIS review of police powers, which was presented to Parliament in October 2021. The changes made by the Bill would impact:

• prescribed security zones, including requiring the Minister to consider particular matters before declaring a zone, and requiring notification of relevant oversight bodies when a zone is declared
• stop and search powers: implementing a requirement on police to inform the subject of their rights to make a complaint (where practicable)
• control orders, including amending the issuing authority to only the Federal Court of Australia, and requiring new considerations by the court before issuing an interim control order
• preventative detention orders, allowing them to be issued only by superior court judges
• the AFP Minister’s public reporting on continuing detention orders.

In addition, the Bill proposes to extend the operation of the offence of unauthorised disclosure of information by current and former Commonwealth officers (section 122.4 of the Criminal Code), by 12 months to December 2024. That section is triggered by approximately 296 non-disclosure provisions in legislation. The 12-month extension would maintain these offences pending the finalisation of a Government review of Commonwealth secrecy provisions.

Submissions are invited by Friday, 6 October 2023. Further information about making a submission to a parliamentary committee is available here.