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The federal government has passed an extension to its Counter-Terrorism Legislation Amendment Bill, allowing the continued use of the government’s tough counter-terrorism powers.
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The government passed the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021 earlier this week, enabling the extension of counter-terrorism powers wielded by the government such as control orders and preventative detention orders.
The federal government however noted that the parliamentary joint committee on intelligence and security is currently undertaking a review of these provisions.
According to a release by the Attorney General and Minister for Home Affairs’ offices, the legislation permits federal courts to impose control orders on people within the community to manage the risk that an alleged offender could cause to the community.
Since the national terror level was raised to “probable” in September 2014, some 21 control orders had been delivered.
The government further confirmed that the bill will extend the deadline for the Independent National Security Legislation Monitor’s report on detention orders.
Speaking in the Senate, Attorney General and Minister for Industrial Relations Michaelia Cash argued that the extension of the counter-terror laws would help to combat extremism, and continue to keep Australians safe.
“The emergency stop, search and seizure powers ensure that police are able to respond consistently and effectively to a terrorist incident or threat,” Minister Cash said.
“The parliamentary joint committee on intelligence and security is currently conducting a statutory review of control orders, preventative detention orders and the stop, search and seizure powers. This bill ensures that these powers do not cease while this important review is going on.”
The government’s optimism towards the bill wasn’t mirrored by those opposite.
The Greens’ senator Lidia Thorpe accused the government’s anti-terror legislation of violating people’s human rights.
“Stop, search and seizure powers in division 3A of part IAA of the Crimes Act allow a police officer to stop, question and search people as well as seize items without a warrant, as long as the police officer suspects that someone is committing or about to commit a terrorist act. That says a lot about human rights," Senator Thorpe said.
According to a release from the ministers, Australia’s first continuing detention order was made against Abdul Nacer Benbrika in December 2020.
Benbrika in 2008 was found guilty and convicted of being the leader of a terrorist organisation. Throughout the trial, the prosecution revealed some 500 phone conversations by Benbrika and 11 other accused.
While finishing his sentence in 2020, the Department of Home Affairs applied to the Victorian Supreme Court to keep Benbrika in detention.
[Related: The Taliban 2.0 – Learning from the past]
