Introduction of national security legislation
Robert McClelland
posted Thursday, 18 March 2010
Attorney-General, Robert McClelland, today introduced legislation implementing a number of key changes to Australia’s national security and counter-terrorism laws.
The National Security Legislation Amendment Bill 2010 seeks to achieve an appropriate balance between the Government’s responsibility to protect Australia, its people and its interests and instilling confidence that our national security and counter-terrorism laws will be exercised in a just and accountable way.
Key amendments contained in the Bill include:
- new powers for police to enter a premises without a warrant in emergency circumstances relating to a terrorism offence where there is material that may pose a risk to the health or safety of the public;
- extending the time available for police to re-enter a premises under a search warrant from one hour to 12 hours in emergency circumstances;
- establishing a maximum seven day limit on the amount of time that can be specified by a magistrate and disregarded from the investigation period when a person has been arrested for a terrorism offence;
- including a specific right of appeal for both the prosecution and the defendant against a decision to grant or refuse bail relating to terrorism and serious national security offences;
- expanding the ‘urging violence’ offence so that it applies to individuals as well as groups who incite violence on the basis of race, religion, nationality, national or ethnic origin or political opinion;
- extending the expiration period of regulations proscribing a terrorist organisation from two to three years;
- amending the National Security Information (Criminal and Civil Proceedings) Act 2004 so that national security and counter-terrorism court proceedings may be expedited;
- establishing a Parliamentary Joint Committee on Law Enforcement to extend parliamentary oversight to both the Australian Federal Police and the Australian Crime Commission; and
- extending the role of the Inspector-General of Intelligence and Security to inquire into an intelligence or security matter relating to any Commonwealth Department or agency.
These amendments have been the subject of extensive public consultation and implement measures outlined in the Australian Government’s Discussion Paper on National Security Legislation, released in August 2009, following recommendations contained in a number of independent reviews of national security and counter-terrorism legislation.
The Australian Government remains committed to ensuring the focus of Australia’s national security and counter-terrorism laws remains on preventing a terrorist attack from occurring in the first place – not just waiting to punish those who would commit these crimes after they occur.
The measures contained in the Bill will give the Australian community confidence that our law enforcement and security agencies have the tools they need to fight terrorism, while ensuring these laws and powers are balanced by appropriate safeguards and are accountable in their operation.