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Counter-Terrorism Legislation Amendment Bill (No. 1) 2018

Originating house
House of Representatives


Amends the: Administrative Decisions (Judicial Review) Act 1977 to exclude from review decisions of senior Australian Federal Police (AFP) members in relation to consent for the purposes of applications to vary interim control orders; Criminal Code Act 1995 to: extend the operation of the control order regime, the preventative detention order (PDO) regime and the declared areas offences for a further three years; allow an issuing court to vary an interim control order; clarify the evidential weight that the issuing court must give to an original request for an interim control order during the confirmation proceedings; extend the minimum time period between an interim and a confirmation hearing for a control order; provide that the issuing court cannot make costs orders against a controlee except in limited circumstances; require the AFP to notify the Parliamentary Joint Committee on Intelligence and Security (PJCIS) after the making of initial or continued preventative orders or a prohibited contact order; create an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross; enable the Minister for Foreign Affairs to revoke a declaration of a declared area prior to the expiry of the declaration; enable the PJCIS to review a declaration of a declared area at any time while it is in effect and to table a report in both Houses of Parliament following its review; and amend provisions in relation to the protection of sensitive information in continuing detention order proceedings; Crime Act 1914 to: extend the operation of stop, search and seize powers for a further three years; require the AFP to report as soon as practicable after the exercise of these powers; and require the minister to report annually to the Parliament; Australian Security Intelligence Organisation Act 1979 to extend the questioning, and questioning and detention, warrant regime for a further 12 months; and Intelligence Services Act 2001 to: require the PJCIS to review the PDO regime, declared areas provisions and the stop, search and seize powers ahead of their sunset date; and enable the PJCIS to monitor and review the performance of the AFP in relation to its stop, search and size powers, and the exercise of the Minister for Home Affairs’ power to declare prescribed security zones.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 24/05/18  
Second reading moved 24/05/18  
Second reading debate 25/06/18  
Second reading agreed to 25/06/18  
Third reading agreed to 25/06/18  
Introduced and read a first time 26/06/18  
Second reading moved 26/06/18  
Second reading debate 16/08/18  
Second reading agreed to 16/08/18  
Third reading agreed to 16/08/18  
Finally passed both Houses 16/08/18  
Assent 24/08/18 Act no: 74 - Year: 2018

Text of bill

  • First reading

  • As passed by both Houses


Explanatory memoranda

  • Explanatory memorandum


Second reading speeches

Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

Bills Digest

  • Referred to Committee (24/05/2018): Parliamentary Joint Committee on Intelligence and Security; Committee report (07/06/2018)
  • Considered by scrutiny committee (20/06/2018): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2018
  • Considered by scrutiny committee (26/06/2018): Parliamentary Joint Committee on Human Rights; Report 10 of 2018
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)