List of Recommendations

Recommendation 1

2.35

The Committee recommends that the stop, search and seizure powers provided for under Division 3A of Part IAA of the Crimes Act 1914 be continued.

Recommendation 2

2.91

The Committee recommends that the Australian Federal Police (AFP) be required to provide a report to the AFP Commissioner as soon as practicable after any powers under Division 3A of Part IAA of the Crimes Act 1914 are exercised. A copy of the report should be provided to the responsible minister, the Independent National Security Legislation Monitor and the Committee as soon as practicable. The AFP should brief the Committee when requested.

The Committee further recommends that the Australian Federal Police be required to report annually to the Parliament on the exercise of any powers under Division 3A.

Recommendation 3

2.92

The Committee recommends that the Intelligence Services Act 2001 be amended to enable the Parliamentary Joint Committee on Intelligence and Security to monitor and review the performance by the Australian Federal Police of its functions under Division 3A of Part IAA of the Crimes Act 1914 (the stop, search and seizure powers), including the basis of the Minister’s declaration of a prescribed security zone under section 3UJ. The Committee should be provided with sufficient operational information to enable it to perform this new function.

Recommendation 4

2.94

The Committee recommends that the Intelligence Services Act 2001 be amended to require the Committee to conduct a further review prior to the sunset date into the operation, effectiveness and implications of the stop, search and seizure powers in Division 3A of Part IAA of the Crimes Act 1914, with the provisions sunsetting after three years.

Recommendation 5

3.59

The Committee recommends that the control order regime provided for under Division 104 of the Criminal Code Act 1995 be continued, with the provisions sunsetting after three years.

Recommendation 6

3.60

The Committee recommends that the Intelligence Services Act 2001 be amended to require the Committee to conduct a further review into the operation, effectiveness and implications of the control order regime in Division 104 of the Criminal Code Act 1995 prior to the sunset date.

Recommendation 7

3.91

The Committee recommends that section 104.14 of the Criminal Code Act 1995 be amended to clarify the status of the original request for an interim control order during confirmation proceedings. This is in line with the Independent National Security Legislation Monitor’s recommendation at paragraph 8.61 of his 2017 review.

The Committee further recommends that the Attorney-General consider, in consultation with the Federal Circuit Court, the Federal Court, and appropriate legal stakeholders, what further improvements could be made to provide greater clarity around how civil procedure rules apply in control order proceedings, noting operational sensitivities.

Recommendation 8

3.97

The Committee recommends that Division 104 of the Criminal Code Act 1995 be amended to allow for either the controlee, or the Australia Federal Police, to apply to the issuing court to vary the terms of an interim control order under section 104.5. In making this recommendation, the Committee notes that restrictions will be required to ensure that the court is not burdened with an unreasonable number of applications for variation by a controlee.

Recommendation 9

3.108

The Committee recommends that the Government extend the minimum time period between an interim and a confirmation hearing for a control order under subsection 104.5(1A) of the Criminal Code Act 1995 to seven days, subject to legal advice regarding any constitutional concerns arising from this extension.

Recommendation 10

3.140

The Committee recommends that the Criminal Code Act 1995 be amended as required to implement an Extended Supervision Order (ESO) regime which would include any of the controls that can be imposed under a control order, similar review mechanisms, and other associated changes consistent with the model recommended by the Independent National Security Legislation Monitor at paragraphs 9.40 to 9.47 of his 2017 review. This will address interoperability issues between Division 104 and 105A.

Recommendation 11

4.82

The Committee recommends that the preventative detention regime in Division 105 of the Criminal Code Act 1995 be continued, with the provisions sunsetting after three years.

Recommendation 12

4.83

The Committee recommends that the Intelligence Services Act 2001 be amended to require the Committee to conduct a further review into the operation, effectiveness and implications of the preventative detention order regime in Division 105 of the Criminal Code Act 1995 prior to the sunset date.

Recommendation 13

4.85

The Committee recommends that the Australian Federal Police be required to notify the Committee as soon as practicable after a preventative detention order is made under Division 105 of the Criminal Code Act 1995, and to brief the Committee if requested.

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