Home Parliamentary Business Committees Joint Committees Parliamentary Joint Committee on Intelligence and Security Review of AFP Powers Review of police powers in relation to terrorism, the control order regime, the preventative detention order regime and the continuing detention order regime

Review of police powers in relation to terrorism, the control order regime, the preventative detention order regime and the continuing detention order regime

October 2021

View the report as a single document:

View the report as separate downloadable parts:

Membership of the Committee

Terms of Reference

Abbreviations

List of Recommendations

1. Introduction

  Conduct of the inquiry
  Report structure
  Legislative history
  Review of AFP powers since introduction
  The current security environment
  Committee review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020

2. Stop, search, seizure and entry powers

  Overview of the stop, search, seizure and entry powers
  Prior reviews
  Necessity of powers
  Prescribed security zones
  Reporting Provisions
  Sunset provisions
  Committee Comment

3. Control orders

  Overview of the provisions
  Review history
  Use of the provisions
  Necessity of the Regime
  Provision of legal assistance
  Committee Comment

4. Preventative detention orders

  Overview of the provisions
  Review history
  Use of the provisions
  Necessity of the provisions
  Committee Comment

5. Continuing detention orders

  Overview of the provisions
  Legislative history
  Use of provisions
  Necessity of the provisions
  Drawing inferences about future risk
  Treatment of those subject to continued detention
  Transparency and reporting
  Extended supervision orders
  Committee Comment

A. List of submissions

B. Witnesses appearing at public and private hearings

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Intelligence and Security
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 2360
pjcis@aph.gov.au

About this inquiry

Under section 29(1)(bb)(i)(ii) and (iii) 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.

The Committee is also conducting a review into 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 has commenced these reviews as one inquiry.

Past Public Hearings

01 Dec 2020: Canberra
25 Sep 2020: Canberra

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