Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

5636

2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

 

 

 

Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]

 

 

(1)     [Amendment to Senator Troeth’s amendment (1) on sheet 5632]

At the end of paragraph (g) of the definition of terrorism laws , add:

                   ; (h)  any other law or part of a law of the Commonwealth under which a power is conferred or a liability is established in connection with, either directly or indirectly, a terrorist act (whether or not a terrorist act has occurred or will occur).

[definition of terrorism laws]

(2)     [Amendment to Senator Troeth’s amendment (2) on sheet 5632]

At the end of paragraph 8(c), add “, at least every 2 years”.

[frequency of review on own motion]

(3)     [Amendment to Senator Troeth’s amendment (2) on sheet 5632]

Paragraph 8(f), after “human rights”, insert “, privacy and other international”.

[consistency with international obligations]

(4)     [Amendment to Senator Troeth’s amendment (2) on sheet 5632]

After paragraph 8(f), insert:

                    (fa)  continue to be necessary; and

                    (fb)  are proportional to the extant threat of terrorism; and

[functions]

(5)     [Amendment to Senator Troeth’s amendment (2) on sheet 5632]

At the end of clause 8, add:

             (2)  The Independent Reviewer also has the following additional functions:

                     (a)  investigation of the manner in which relevant law enforcement agencies interpret and implement terrorism laws; and

                     (b)  investigation of the use of their powers by relevant law enforcement agencies in interpreting and implementing terrorism law.

             (3)  The Independent Reviewer may, of his or her own motion:

                     (a)  make submissions to parliamentary or other committees examining bills making, amending or otherwise affecting terrorism laws; and

                     (b)  participate in reviews of terrorism laws, such as reviews by the Council of Australian Governments.

[functions]

(6)     Clause 9, page 4 (line 12), omit “must”, substitute “may”.

[regard to other agencies’ functions]

(7)     Clause 10, page 5 (after line 13), after subclause (5), insert:

          (5A)  If a person is required to attend before the Independent Reviewer under subsection (5), the Independent Reviewer may:

                     (a)  require the person, before answering questions, either to take an oath or to make an affirmation in a form approved by the Independent Reviewer; and

                     (b)  administer an oath or affirmation to the person.

[oath or affirmation]

(8)     Clause 12, page 7 (line 5), omit “5 years”, substitute “3 years”.

[term of appointment]