Senate debates

Tuesday, 25 November 2014

Bills

Counter-Terrorism Legislation Amendment Bill (No. 1) 2014; In Committee

5:44 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

Perhaps I could facilitate matters by pre-empting the government in moving their amendments and indicate the Labor opposition's position with respect to those amendments. It might save the committee some time later in the discussion. It has consistently been Labor's position that all national security legislation should be rigorously examined to make sure not only will it be effective in protecting our nation but also that it does not unduly infringe on important rights and freedoms. In keeping with that position, Labor insisted to the government that these three new measures be introduced in a separate bill and subject to public scrutiny and a full Parliamentary Joint Committee on Intelligence and Security inquiry. In its report the intelligence committee recommended the bill be passed and made 15 substantive recommendations. Significant recommendations include amendment to the bill to require the AFP to provide the Attorney-General with a summary of facts when seeking consent to apply to the court for each control order, including any facts why it should not be made; retention of the requirement for the AFP to explain to the issuing court each condition in a draft control order—the bill, as introduced, would only require the AFP to justify the control order as a whole; shortening of periods for notification of the relevant minister where agencies issue emergency authorisations; that the government urgently appoint a new Independent National Security Legislation Monitor and task it with reviewing whether recommendations for safeguards on the control order regime recommended by the 2013 COAG review should be implemented; and finally, it recommended a range of oversight measures.

Labor has asked the government to implement those recommendations and the government has agreed to do so. Labor will accordingly support the bill. The recommendations will improve the accountability and transparency of decision making by national security agencies. The recommendations will also ensure that control order applications are closely and appropriately scrutinised.

In the absence of the Attorney, I might move through government amendments number by number, although that possibly would not have been necessary had the Attorney been here to move them. I notice the Attorney is here, so I will let him proceed with his amendments.

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