Stop, Search and Seizure Powers, Control Orders and Preventative Detention Orders Submission
6 November 2017
The Law Council provided a submission, on 3 November 2017, to the Parliamentary Joint Committee of Intelligence and Security on Intelligence and Security (PJCIS) on the Independent National Security Legislation’s Monitor’s (INSLM’s) recent reports on:
- on stop, search and seizure powers provided for under Division 4A of Part IAA of the Crimes Act 1914 (Cth); and
- the control order (CO) regime provided for under Division 104 of the Criminal Code Act 1995 (Cth) (Criminal Code) and the preventative detention order (PDO) regime provided for under Division 105 of the Criminal Code.
The Law Council previously made a submission to the INSLM in May 2017.
The latest INSLM reports reflected numerous positions of the peak legal body.
In the most recent November submission, in addition to commenting on the role of the INSLM more broadly, the Law Council maintained its position on important points and made important recommendations to the PJCIS to carefully reconsider his position on several issues, including:
- measures to obtain a warrant in emergency situations;
- the decision to declare areas to be prescribed security zones;
- when preventative detention orders should be able to be obtained;
- whether certain decisions should be exempt from juridical review; and
- the unacceptable risk standard that needs to be met when an application for a continuing detention order is made.