Terms of Reference

Under section 29(1)(bb)(i) and (ii) of the Intelligence Services Act 2001, it is a function of the Parliamentary Joint Committee on Intelligence and Security (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.
On 12 August 2020, the Committee resolved to expand the scope of this review to include section 29(1)(cb) of the Intelligence Security Act 2001 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.
PJCIS completed these reviews as one inquiry.

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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