Counter-Terrorism Legislation Amendment Bill (No. 1) 2018

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
45

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Summary

Amends the: Administrative Decisions (Judicial Review) Act 1977 to exclude from review decisions of senior Australian Federal Police (AFP) members in relation to consent for the purposes of applications to vary interim control orders; Criminal Code Act 1995 to: extend the operation of the control order regime, the preventative detention order (PDO) regime and the declared areas offences for a further three years; allow an issuing court to vary an interim control order; clarify the evidential weight that the issuing court must give to an original request for an interim control order during the confirmation proceedings; extend the minimum time period between an interim and a confirmation hearing for a control order; provide that the issuing court cannot make costs orders against a controlee except in limited circumstances; require the AFP to notify the Parliamentary Joint Committee on Intelligence and Security (PJCIS) after the making of initial or continued preventative orders or a prohibited contact order; create an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross; enable the Minister for Foreign Affairs to revoke a declaration of a declared area prior to the expiry of the declaration; enable the PJCIS to review a declaration of a declared area at any time while it is in effect and to table a report in both Houses of Parliament following its review; and amend provisions in relation to the protection of sensitive information in continuing detention order proceedings; Crime Act 1914 to: extend the operation of stop, search and seize powers for a further three years; require the AFP to report as soon as practicable after the exercise of these powers; and require the minister to report annually to the Parliament; Australian Security Intelligence Organisation Act 1979 to extend the questioning, and questioning and detention, warrant regime for a further 12 months; and Intelligence Services Act 2001 to: require the PJCIS to review the PDO regime, declared areas provisions and the stop, search and seize powers ahead of their sunset date; and enable the PJCIS to monitor and review the performance of the AFP in relation to its stop, search and size powers, and the exercise of the Minister for Home Affairs’ power to declare prescribed security zones.

Progress

House of Representatives
Introduced and read a first time 24 May 2018
Second reading moved 24 May 2018
Second reading debate 25 Jun 2018
Second reading agreed to 25 Jun 2018
Third reading agreed to 25 Jun 2018
Senate
Introduced and read a first time 26 Jun 2018
Second reading moved 26 Jun 2018
Second reading debate 16 Aug 2018
Second reading agreed to 16 Aug 2018
Third reading agreed to 16 Aug 2018
Finally passed both Houses 16 Aug 2018
Assent
  • Act no: 74
  • Year: 2018
24 Aug 2018

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Bills digest

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Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.