Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Honourable Michaelia Cash)Notes on Clauses
Preliminary
Clause 1 - Short title
1. This clause provides for the short title of the Act to be the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021.
Clause 2 - Commencement
2. This clause provides for the commencement of each provision in the Bill, as set out in the table. Table item 1 provides that the whole of the Act will commence on the day after the Act receives Royal Assent.
Clause 3 - Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.
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- Item 1 amends subsection 119.2(6) of the Criminal Code, which has the effect of extending the operation of the declared area provisions for a further three years until 7 September 2024.
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- Items 2, 3 and 4 amend the Intelligence Services Act to provide that the PJCIS may review the operation, effectiveness and proportionality of declared areas provisions (sections 119.2 and 119.3 of the Criminal Code) by 7 January 2024, nine months prior to their new sunset date of 7 September 2024. This will allow the PJCIS to report on the declared areas provisions and Government to consider and implement the PJCIS recommendations as necessary prior to the sunset date.
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- Item 5 amends subsections 104.32(1) and (2) of the Criminal Code, which has the effect of extending the operation of the control order regime for a further 15 months until 7 December 2022.
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- Item 6 amends subsections 105.53(1) and (2) of the Criminal Code, which has the effect of extending the operation of the preventative detention order regime for a further 15 months until 7 December 2022.
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- Item 7 amends subsections 3UK(1), (2) and (3) of the Crimes Act, which has the effect of extending the operation of the stop, search and seizure powers for a further 15 months until 7 December 2022.
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- Item 8 repeals subparagraph 6(1)(a)(ia) of the INSLM Act. This has the effect of removing the INSLM's review of Division 105A of the Criminal Code from the list of reviews that the INSLM may carry out on "his or her own initiative", as the INSLM is required to complete the review.
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- Item 9 amends subsection 6(1C) of the INSLM Act, which has the effect of extending the reporting date for the INSLM's review of Division 105A of the Criminal Code from 7 December 2021 (the end of 5 years after the day the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 received the Royal Assent), to as soon as practicable after 7 December 2021.