On 18 June 2020, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) commenced an inquiry into AFP Powers. Under section 29(1)(bb)(i)(ii) and (ii) of the Intelligence Services Act 2001, it is a function of the PJCIS to review, by 7 January 2021, the operation, effectiveness and implications of:

• Division 3A of Part IAA of the Crimes Act 1914 (which provides for police powers in relation to terrorism) and any other provision of the Crimes Act 1914 as it relates to that Division; and,
• Divisions 104 and 105 of the Criminal Code (which provide for control orders and preventative detention orders in relation to terrorism) and any other provision of the Criminal Code Act 1995 as it relates to those Divisions.

Further on 12 August 2020, the Committee resolved to expand the scope of this review to include section 29(1)(cb) of the Intelligence Services Act and review the operation, effectiveness and implications of Division 105A of the Criminal Code (which provides for continuing detention orders) and any other provision of that Code as far as it relates to that Division.

The PJCIS is conducting these reviews as one inquiry.

Making a submission
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are advised that any submission to the Committee’s inquiry must be prepared solely for the inquiry and should not be published prior to being accepted by the Committee. Documents do not attract parliamentary privilege until they are accepted by the Committee.

Submissions are requested by 28 August 2020 for Government submitters and Thursday 10 September 2020 for non-Government submitters. Further information about making a submission to a parliamentary committee inquiry is available here.