The Parliamentary Joint Committee on Intelligence and Security has commenced a review into the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020. The bill review was referred to the Committee by the Hon. Christian Porter MP, Attorney-General.

The Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 introduces an extended supervision order (ESO) scheme for high-risk terrorist offenders where a State or Territory Supreme Court is satisfied they continue to pose a risk to the community at the end of their custodial sentence.

The Bill contains amendments to the:

• Criminal Code to introduce ESOs and interim supervision orders (ISOs) for high risk terrorist offenders;
• National Security Information (Criminal and Civil Proceedings) Act 2004 to extend to ESO proceedings the court-only evidence provisions and special advocates scheme in the Act which currently may apply in control order proceedings;
• Crimes Act 1914 to extend law enforcement search warrant powers available to monitor compliance with a control order to monitor compliance with an ESO and ISO;
• Surveillance Devices Act 2004 to extend certain surveillance powers available to monitor compliance with a control order to monitor compliance with an ESO and ISO, and to allow agencies to apply for surveillance device warrants or computer access warrants authorising the use of surveillance device powers to obtain information to inform the AFP Minister’s decision whether to apply for an ESO or continuing detention order (CDO);
• Telecommunications (Interception and Access) Act 1979 to extend the telecommunication interception warrant regime that is currently available to monitor compliance with a control order to monitor compliance with an ISO or ESO, and to allow a law enforcement officer to seek a telecommunications service warrant, or telecommunications named person warrant to authorise the use of telecommunication interception powers to obtain information to inform the AFP Minister’s decision whether to apply for an ESO or CDO;
• Administrative Decisions (Judicial Review) Act 1977 to exclude decisions made by the Minister for Home Affairs under Division 105A of the Criminal Code from judicial review under that Act;
• Australian Security Intelligence Organisation Act 1979 to put beyond doubt that a condition imposed by an ESO or ISO, or an action relating to electronic monitoring, is not a prescribed administrative action for the purpose of the definition of an ‘adverse security assessment’ under that Act.

Making a submission
The Committee invites written submissions addressing any or all aspects of the bill.

Prospective submitters are advised that any submission to the Committee’s inquiry must be prepared solely for the inquiry and should not be published prior to being accepted by the Committee. Submissions are requested by 29 October 2020.

Further information about making a submission to a parliamentary committee inquiry is available here.