Bill
Counter-Terrorism and Other Legislation Amendment Bill 2023
passed, as at 2023-11-24. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2023-08-10
- second reading — 2023-08-10
- second reading — 2023-10-19
- second reading — 2023-10-19
- committee — 2023-10-19
- third reading — 2023-10-19
- introduced — 2023-11-06
- second reading — 2023-11-06
- second reading — 2023-11-06
- second reading — 2023-11-14
- third reading — 2023-11-14
- passed — 2023-11-14
- royal assent — 2023-11-24
Divisions
- Counter-Terrorism and Other Legislation Amendment Bill 2023 - Second Reading - Agree with the bill's main idea — 2023-11-14, Senate: affirmative, ayes 25, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-08-10.
The bill would extend several counter-terrorism powers and add safeguards to police and court procedures.
It would require the minister to consider rights impacts before declaring a prescribed security zone and the AFP Commissioner to notify oversight bodies within 72 hours.
The bill would extend police stop-and-search powers in Division 3A of the Crimes Act and control order and preventative detention order regimes in the Criminal Code until 7 December 2026.
- Extends the operation of Division 3A of the Crimes Act for three years to 7 December 2026.
- Requires the minister to consider reasonableness, proportionality, duration, and alternative powers before declaring a prescribed security zone.
- Requires the AFP Commissioner to notify the Commonwealth Ombudsman, INSLM, and PJCIS within 72 hours of a prescribed security zone declaration.
- Requires a police officer exercising stop-and-search powers under section 3UD to inform the person of their right to complain to the Commonwealth Ombudsman or relevant oversight body.
- Extends control order and preventative detention order regimes in the Criminal Code for three years to 7 December 2026.
- Limits issuing authorities for preventative detention orders to superior court judges only.
Police officers, the AFP Commissioner, the Minister, issuing courts, and persons subject to stop-and-search, control orders, or preventative detention orders.
Sources
em
em supp
em revised
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frl act