1st Aug 2019, 12:48 PM – Senate Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019 - in Committee - Sunset clause

The majority voted against an amendment introduced by NSW Senator Kristina Keneally (Labor), which means it failed.

Senator Keneally explained that:

The government are proposing to not act on the requirements put on them by the Parliamentary Joint Committee on Intelligence and Security some 18 months ago, the requests made of them by three Independent National Security Legislation Monitors and, indeed, the evidence given by ASIO to the Parliamentary Joint Committee on Intelligence and Security to repeal questioning and detention warrants and to reform questioning warrants.

[...]

So Labor are moving an amendment to say the government don't need 365 days; they've already had 1,000 days. Our amendment is that the government should have three more months—90 more days—to bring forward the changes that our national security agencies want and need and to repeal a power that has been described by Roger Gyles AO QC as 'odious' and that three Independent National Security Legislation Monitors say has no role in our Australian democracy.

Motion text

Amdt 8713 - Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019

(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Section 34ZZ

Repeal the section, substitute:

34ZZ Cessation of effect of Division

(1) This Division (apart from Subdivision C of this Division) ceases to have effect on 7 December 2019.

(2) Subdivision C of this Division ceases to have effect on 7 September 2019.

[sunsetting dates]

What is the bill's main idea?

This bill was introduced to extend the operation of certain special powers relating to suspected terrorism offences to 7 September 2020. Currently, those powers are due to sunset (that is, stop being part of our law) on 7 September 2019.

What are the special powers?

The special powers extended by this bill are the power to issue questioning warrants (QWs) and questioning and detention warrants (QDWs) in relation to suspected terrorism offences. They are extraordinary because they can be issued in relation to someone even though they are not suspected of, or charged with, any offence. In other words, these warrants are an intelligence-gathering and preventative power. Someone might be subject to these warrants because they can provide information about a potential terrorism offence and they may be detained in order to prevent them from damaging evidence or alerting someone involved in a terrorism offence that their actions are being investigated.

These powers have been extended several times since they were first introduced in 2002. More information is available in the bills digest.