Senate debates

Tuesday, 28 October 2014

Bills

Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014; In Committee

8:09 pm

Photo of Penny WrightPenny Wright (SA, Australian Greens) Share this | Hansard source

The Australian Greens indicate that these proposed amendments from the government are positive steps forward in limiting how powers can be delegated and putting some outer limits on how long a security assessment can remain in force, but they certainly do not go as far as the Australian Greens' proposed amendments. Again, I will be dealing with those when we come to them on the running sheet.

The particular concern that we have in relation to the suspension of Australian passports is that the bill seeks to supplement existing travel document cancellation powers by empowering the minister to suspend Australian and foreign travel documents for 14 days at the request of an ASIO officer where that officer believes on reasonable grounds that the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country and suspension of travel documents is necessary to prevent the person from engaging in the conduct. While the Australian Greens accept that a range of experts, including the Independent National Security Legislation Monitor, have agreed that this provision is needed to fill a genuine legislative gap, we are concerned about the way that the new power has been drafted. We have concerns that the proposed new power does not fully conform to the relevant recommendations of the INSLM, which specifically recommended an initial suspension period of 48 hours which could be extended by further suspensions of up to 48 hours at a time for a maximum period of seven days. We believe that the bill, even with the amendment, would still contain insufficient safeguards to prevent ongoing multiple suspensions.

We consider that the new powers should be amended. I seek the guidance of the chair or the Clerk as to whether or not it will be possible to move the Australian Greens' amendments in this regard, as it is indicated that there is some conflict with the Australian Greens' amendments (5), (6) and (8) on sheet 7594.

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