(1)    Schedule 1, page 7 (after line 27), after item 17, insert:

17A After section 102.1 of the Criminal Code

         (1)    The Minister must, when considering whether an organisation should be listed as a terrorist organisation in accordance with this Act, consider the effect of any such proscription upon the following rights of individuals who are, have been, or may become, ordinary or other members of the organisation:

              (a)    freedom of opinion, conscience, belief and/or religion;

              (b)    freedom to manifest or practice their opinion, conscience, belief and/or religion;

              (c)    freedom of expression;

              (d)    freedom to associate with others.

         (2)    The Minister must include with any regulation that proscribes an organisation as a terrorist organisation, a Human Rights Impact Statement that includes:

              (a)    the extent to which the human rights listed in subsection (1) are likely to be limited and the classes of individuals or groups likely to be affected by the proscription; and

              (b)    the purpose or purposes of any proposed limitation on the human rights listed in subsection (1); and

              (c)    a statement of why any proposed limitation on the human rights listed in subsection (1) is, in the Minister’s opinion, necessary—the statement should include what alternative measures were considered and why such measures were rejected by the Minister; and

              (d)    a summary of any information, evidence and other material upon which the Minister relied in forming the opinion that the proposed limitation is necessary; and

              (e)    a summary of the Minister’s reasoning as to why the form of the proposed limitation is appropriate, the least intrusive and best adapted to achieve the purpose of the proposed limitation.

         (3)    No regulation made by the Governor-General in relation to proscription under this section can take effect until the Parliament has considered and approved, by a process to be established by the Parliament, the Human Rights Impact Statement attached to the regulation that would proscribe an organisation as a terrorist organisation.

(4)    Schedule 4, item 24, page 20 (after line 28), after subsection 104.4(2), insert:

      (2A)    When determining what is reasonably necessary, and reasonably appropriate and adapted, any person, police officer, issuing court or issuing authority exercising powers under this section must, when making, reviewing, confirming, implementing or otherwise acting consistent with powers in this section, have regard to the human rights standards contained in the scheduled international instruments. In particular, the person, police officer, issuing court or issuing authority must consider, and may require evidence to be provided as to:

              (a)    the extent to which the human rights contained in the scheduled international instruments are likely to be limited and what classes of individuals or groups, if any, are likely to be affected; and

              (b)    the purpose or purposes for which any limitation is proposed to be made; and

              (c)    whether such a limitation of the human rights contained in the scheduled international instruments is necessary to achieve the purpose or purposes, including what alternative measures were considered and whether they were properly rejected; and

              (d)    whether the form of the limitation of human rights proposed to be made has the least severe impact on the human rights contained in the scheduled international instruments of affected classes of individuals or groups.

       (2B)    For the purposes of this section, scheduled international instrument means the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child.

(3)    Amendment to government amendment (4), paragraph 104.2(3)(f), after “summary”, insert “of the primary facts and”.

(4)    Amendment to government amendment (6), paragraph 104.5(1)(h), after “summary”, insert “of the primary facts and”.

(5)    Amendment to government amendment (28), paragraph 105.7(2)(g), after “summary”, insert “of the primary facts and”.

(6)    Amendment to government amendment (30), paragraph 105.8(6)(e), after “summary”, insert “of the primary facts and”.

(7)    Amendment to government amendment (34), paragraph 105.11(2)(g), after “summary”, insert “of the primary facts and”.

(8)    Amendment to government amendment (37), paragraph 105.12(6)(d), after “summary”, insert “of the primary facts and”.

(9)    Amendment to government amendment (28), after paragraph (e), add:

             ; (f)    the right of the person to reasonable assistance to choose a lawyer and contact the lawyer in relation to the order.

(10)  Schedule 4, item 24, page 18 (line 18), at the end of subsection 104.2(2), add:

       ; or (c)    is satisfied that applying for an interim control order and the terms in which it is sought is the least restrictive means of achieving the purpose of the order.

(11)  Schedule 4, item 24, page 19 (after line 29), at the end of section 104.2, add:

         (6)    In giving consent in accordance with this section, the Attorney-General must be satisfied that an interim control order and the terms in which it is sought is the least restrictive means of achieving the purpose of the order.

(12)  Schedule 4, item 24, page 20 (line 22), at the end of subsection 104.4(1), add:

         ; and (e)   the court is satisfied that making a control order and the terms in which it is sought is the least restrictive means of achieving the purpose of the order.

(13)  Schedule 4, item 24, page 29 (line 16), at the end of subsection 104.14(3), add:

         ; and (c)   whether the making of a control order and the terms in which it is sought is the least restrictive means of achieving the purpose of the order.

(14)  Schedule 4, item 24, page 27 (after line 13), at the end of paragraph 104.12(1)(a), add:

                  (iii)    the person shall be provided with a copy of the order and the reasons for the decision, including the materials on which the order is based; and

(15)  Schedule 4, item 24, page 27 (line 23), after “(ii)”, insert “or (iii)”.

(17)  Schedule 4, item 24, page 69 (line 1), at the end of subsection 105.32(1), add:

         ; and (c)   a copy of the order and the reasons for the decision, including the materials on which the order is based.

(18)  Schedule 1, item 24, page 72 (line 24), omit “but solely”, substitute “including”.

(19)  Schedule 1, item 24, page 72 (after line 30), after paragraph 105.37(1)(a), insert:

            (aa)    obtaining at any time during the period of detention advice in relation to their detention; or

(20)  Schedule 1, item 24, page 74 (after line 7), before subsection 105.38(1), insert:

      (1A)    The provisions of this section apply only after the police officer exercising authority under the preventative detention order has first lodged with the issuing authority a written statement setting out the basis of the reasonable grounds on which it is believed that the consultation will interfere with the purpose of the order.

(21)  Schedule 4, item 24, page 82 (after line 9), at the end of section 105.42, add:

         (4)    Any questioning which occurs under this section must be videotaped and a copy of the videotape must be given to the detained person, or the detained person’s lawyer.

         (5)    Any questioning which occurs under this section may only occur, subject to there being no prejudice to national security, in the presence of the detained person’s lawyer.

(22)  Schedule 5, item 24, page 85 (line 26) to page 86 (line 17), omit section 105.47, substitute:

         (1)    The Attorney-General must, as soon as practicable after each 30 June and each 31 December, cause to be prepared a report about the operation of this Division during the preceding 6 months.

         (2)    Without limiting subsection (1), a report relating to a 6-month period must include the following matters:

              (a)    the number of initial preventative detention orders made under section 105.8 during the year;

              (b)    the number of continued preventative detention orders made under section 105.12 during the year;

              (c)    whether a person was taken into custody under each of those orders and, if so, how long the person was detained for;

              (d)    particulars of any complaints in relation to the detention of a person under a preventative detention order made or referred during the year to:

                    (i)    the Commonwealth Ombudsman; or

                   (ii)    the Internal Investigation Division of the Australian Federal Police;

              (e)    the number of prohibited contact orders made under sections 105.15 and 105.16 during the preceding 6 months; or

               (f)    the number of interim control orders, urgent interim control orders, urgent control orders and control orders made under Division 104 during the preceding 6 months.

         (3)    The Attorney-General must cause copies of the report to be laid before each House of the Parliament within 5 sitting days of that House after the report is completed.

(24)  Schedule 5, item 10, page 96 (after line 16), after subsection 3UD(2), insert:

           (2A)   Any search of a person conducted under this section must be conducted:

                      (a)   in an area that provides adequate personal privacy to the person being searched; and

                      (b)   be conducted by a person of the same sex as the person being searched.

(27)  Schedule 7, item 12, page 112 (after line 29), after section 80.2, insert:

              (a)   in the creation, performance, exhibition or distribution of an artistic work; or

              (b)   in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or

              (c)   in making or publishing:

                    (i)    a fair and accurate report of any event or matter of public interest; or

                   (ii)    a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.

(28)  Schedule 10, page 134 (after line 22), after item 12, insert:

12A After subsection 25(10)

Insert:

         (10A)   A warrant may only be extended for more than 28 days in the case of any investigation relating to a suspected terrorist activity or a terrorism offence.

(29)  Schedule 10, page 135 (after line 10), after item 16, insert:

16A After subsection 27(4)

Insert:

           (4A)   A warrant may only be extended for more than 28 days in the case of any investigation relating to a suspected terrorist activity or a terrorism offence.

(30)  Schedule 10, page 135 (after line 12), after item 17, insert:

17A After subsection 27AA(9)

Insert:

           (9A)   A warrant may only be extended for more than 28 days in the case of any investigation relating to a suspected terrorist activity or a terrorism offence.

(31)  Schedule 10, page 135 (after line 19), after item 20, insert:

20A After subsection 27A(3)

Insert:

           (3A)   A warrant may only be extended for more than 28 days in the case of any investigation relating to a suspected terrorist activity or a terrorism offence.