Submission to Inquiry into Counter-Terrorism Legislation Amendment Bill (No 1) 2014

Abstract

The amendments proposed add two additional sets of grounds for the seeking of an interim control order - covering circumstances where the control order requested "would substantially assist in preventing the provision of support for or the facilitation of a terrorist act" or where there is a suspicion on "reasonable grounds that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country" In providing these expanded and additional sets of grounds for the application for and obtaining of a control order, the request process of the Attorney General's consent made by the senior AFP member is then abbreviated by the proposed amendments - see amendments proposed to ss 104.2 (3) and 104.2 (4) of the Criminal Code, presumably to minimise the preparation of documentation by the AFP to put before the Attorney General, as part of the consent process to making an application request for an interim control order. This measure again seems to be part of a Government pre-occupation with "efficiencies" - which whilst appropriate in some portfolio areas - in the present context threatens and may seriously undermine carefully constructed balances and accountability measures in the legislation.