5531

2008

The Parliament of the

Commonwealth of Australia

THE SENATE

Independent Reviewer of Terrorism Laws Bill 2008

(Amendments to be moved by Senator Bob Brown on behalf of the Australian Greens in committee of the whole)

(1)     Page 2 (after line 8), at the end of clause 3, add:

             (2)  The person reviewing laws in Australia relating to terrorism under subsection (1) must also report on whether those laws are consistent with the International Covenant on Civil and Political Rights.

[ICCPR consistency]

(2)     Page 4 (after line 2), at the end of clause 8, add:

             (2)  The Independent Reviewer in reviewing laws under subsection (1) must also report on whether those laws are consistent with the International Covenant on Civil and Political Rights.

[ICCPR consistency]

(3)     Page 4 (after line 2), after clause 8, insert:

8A  Additional function of Independent Reviewer

             (1)  The Independent Reviewer must review the operation, effectiveness and implications of the provisions of Division 2 (Powers of detention) of Part IC of the Crimes Act 1914 , as they relate to terrorism offences, and the provisions of Division 105 (Preventative detention orders) of the Criminal Code Act 1995 .

             (2)  The review under subsection (1) must be completed within the period of 6 months commencing on the day on which this Act commences.

             (3)  The review under subsection (1) must also determine whether those provisions are consistent with the International Covenant on Civil and Political Rights.

             (4)  If the Independent Reviewer determines under subsection (3) that those provisions are not consistent with the International Covenant on Civil and Political Rights, the Independent Reviewer in his or her report of the review under subsection 11(1) must make recommendations that address those inconsistencies.

[review of detention provisions]