Budget 2009 10: Legal issues and
the Attorney-General's portfolio
National Security Legislation Monitor
Monica Biddington
The Government will provide $1.4 million over four years to
establish the Office of the National Security Legislation Monitor
in the Department of the Prime Minister and Cabinet, to review the
operation of counter‑terrorism and national security
legislation. The legislation required to establish the Office is
likely to be introduced in the Winter Sittings.
The cost of this measure will be met from within the existing
resourcing of the Attorney‑General's portfolio, with the
funding being transferred from that portfolio to Prime Minister and
Cabinet.[1] As a
comparison, the establishment of this Office is not a significant
financial output when compared with the Office of the Information
Commissioner which is to be $20.1 million over 4
years.[2]
The establishment of the Office of National Security Legislation
Monitor will also coincide with a Council of Australian Governments
(COAG) review of the operation of terrorism-related laws that were
introduced in 2004.[3] If COAG proceeds with this agreement, this review would
therefore be scheduled to start in December 2010 and would cover
the laws in the Crimes Act 1914 and the Criminal Code
Act 1995 allowing broader police powers, control orders,
preventative detention orders, as well as the definition of
terrorist organisation and terrorist financing provisions.
Depending on how any comprehensive review of terrorism laws might
progress, the Government might choose to delegate the undertaking
of this review to the new Office of Security Legislation
Monitor.
[1].
Australian Government, Portfolio budget statements
2009-10, budget related paper no.1.15A: Prime Minister and
Cabinet Portfolio, p.25, viewed 18 May 2009,
http://www.dpmc.gov.au/accountability/budget/2009-10/pbs/pbs_2009-10.pdf
[2].
Australian Government, Portfolio budget statements
2009-10, budget related paper no.1.15A: Prime Minister and
Cabinet Portfolio, p.25.
[3].
Council of Australian Governments, Special Meeting on
Counter-Terrorism, Communiqué, 27 September 2005,
viewed 14 May 2009,
http://www.coag.gov.au/coag_meeting_outcomes/2005-09-27/index.cfm