List of Recommendations

Recommendation 1

3.8

The Committee recommends that the Australian Government take into account the decisions of the High Court, in current relevant cases related to the counter-terrorism legislative framework and any associated impacts on the Temporary Exclusion Order regime, including but not limited to the question of whether the issuing authority be retained as a power of the Minister or the Regime be amended so that a Temporary Exclusion Order may only be issued by a Court on application by the Minister. If there was a High Court decision that impacted the Regime that would require additional legislative changes the Committee recommends that such legislation be referred to the Committee for inquiry.

Recommendation 2

3.17

The Committee recommends that paragraph 10(2)(b) of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 remain as currently in force.

Recommendation 3

3.19

The Committee recommends that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 be amended so that an assessment made by ASIO under paragraph 10(2)(b) of the Act, or the grounds upon which such an assessment was made, must be provided to the Minister.

Recommendation 4

3.24

The Committee recommends that, for the avoidance of doubt and to assist the Inspector General of Intelligence and Security, the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 be amended so that it is clear that procedural fairness is not intended to apply to ASIO’s assessments under paragraph 10(2)(b) of the Act.

This recommendation should be actioned in conjunction with the Office of the Inspector-General of Intelligence and Security to provide the clarity requested.

Recommendation 5

3.30

The Committee notes that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 expressly provides that service of Return Permits must be effected by personal service. However, in the event that personal service is not possible because it is not safe or practicable, the Committee recommends that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 be amended so that return permits can be served via alternative means (including email or text message).

Further, the Committee recommends that service of a return permit on the individual may be made in person upon their arrival into Australia where all other means (including email and text) have been exhausted.

Any such amending language must take into account the offence provision in section 9 of the Act and must make clear the circumstances in which a person may legally convey a person to Australia where a Temporary Exclusion Order is in place and a return permit has not been served, but it is known that one will be lawfully served on the individual upon their arrival into Australia.

Recommendation 6

3.37

The Committee recommends that section 29(1) (cc) of the Intelligence Services Act 2001 be amended so that if the Committee resolves to do so—it may commence, three years following the tabling of this report, a review of the Counter Terrorism (Temporary Exclusion Orders) Act 2019.

| Contents |