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Counter-Terrorism and Other Legislation Amendment Bill 2015
COUNTER-TERRORISM AND OTHER
LEGISLATION AMENDMENT BILL 2015
Explanatory Notes
For
Amendments to be moved during
consideration in detail by the Honourable
Jo-Ann Miller MP, Minister for Police, Fire
and Emergency Services and Minister for
Corrective Services
Short title of the Bill
Counter-Terrorism and Other Legislation Amendment Bill 2015
Objectives of the amendments
The amendments to be moved during consideration in detail amend the
Counter-Terrorism and Other Legislation Amendment Bill 2015 (the Bill) to give
effect to the Government's response to the Legal Affairs and Community Safety
Committee's (the Committee) report on the Bill.
The Committee's report on the Bill made four recommendations including that
the Bill be passed. Recommendations 2 and 3 of the Committee's Report
require legislative amendments to be made.
The Government Response supported Recommendation 2 and proposed that
the Bill be amended to require the Minister to provide a report to Parliament
within six months of the use of powers under the Terrorism (Preventative
Detention) Act 2005.
The Government Response also supported Recommendation 3 and proposed
that the Bill be amended to require the review to occur within 2 years of the
commencement of the section, with a report on the outcome of the review
required to be tabled within 3 years of commencement.
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Counter-Terrorism and Other Legislation Amendment Bill 2015
Achievement of the Objectives
Reporting requirements
Currently, section 743 (Monitor's annual report) of the Police Powers and
Responsibilities Act 2000 requires the Public Interest Monitor (PIM), as part of
the PIM's annual report, to report on the use of preventative detention powers
by the Queensland Police Service. The section also requires the Minister to
table the PIM's annual report in the Legislative Assembly within 14 days after
the Minister receives the report.
To ensure that Parliament is advised on the use of preventative detention
powers in a timely way, in addition to the PIM's annual report, the Bill is to be
amended to insert additional reporting requirements into the Terrorism
(Preventative Detention) Act 2005. These reporting requirements will include the
Commissioner of Police providing a report on the use of preventative detention
powers to the Minister within three months of an application for a Preventive
Detention Order being made. The amendments will also require the Minister to
prepare a report on the use of preventative detention powers and table the
report in the Legislative Assembly within six months of the application for a
Preventive Detention Order being made.
Review of the Terrorism (Preventative Detention) Act 2005
Clause 14 of the Bill provides for a new section 83A (Review of Act) to be
inserted into the Terrorism (Preventative Detention) Act 2005. The proposed
section 83A requires the Minister to commence a review of the need for, and
effectiveness of, the Terrorism (Preventative Detention) Act 2005 within four
years of the commencement of the new section 83A. Subsection 83A(b)
requires the Minister to prepare a report on the outcome of the review and table
the report in the Legislative Assembly within six years of section 83A
commencing.
In response to Recommendation 3 of the Committee's Report, clause 14 of the
Bill is to be amended requiring the Minister to commence the review within two
years of the commencement of the new section 83A. Clause 14 is to be further
amended to require the Minister to prepare a report on the outcome of the
review and table the report in the Legislative Assembly within three years of the
commencement of the new section 83A.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways to achieve the policy objectives.
Estimated Cost for Government Implementation
There are no costs associated with the amendments.
Consistency with Fundamental Legislative Principles
The amendments to be moved during consideration in detail are consistent with
fundamental legislative principles.
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Counter-Terrorism and Other Legislation Amendment Bill 2015
Consultation
The proposed amendments to be moved during consideration in detail have
been made as a result of the Committee's examination of the Bill which included
3 written submissions on the Bill and public and departmental hearings.
NOTES ON PROVISIONS
Amendment 1 inserts new clause 12A (Insertion of new Part 6A) into the Bill.
New Part 6A (Reporting Requirements) inserts new sections 76A to 76C into
the Terrorism (Preventative Detention) Act 2005.
New section 76 (Application of part) provides that new Part 6A applies if an
application is made for a Preventative Detention Order.
New Section 76B (Commissioner to report to Minister) sets out the timeframe
and reporting requirements for the Commissioner's report to the Minister on
the use of preventative detention powers. Subsections 76B(4) and (5)
establish the circumstances when the Commissioner's report under section
76B may be included in the Commissioner's report under section 8R of the
Public Safety Preservation Act 1986.
New section 76C (Minister to report to Parliament) sets out the time frame and
report requirements for the Minister's report on the use of preventative
detention powers. The section prescribes information that is to be included
and excluded from the Minister's report and is intended to promote
transparency by keeping the public informed and to ensure the Government is
accountable to Parliament for the use of preventative detention powers.
Subsections 76C(4) and (5) establishes the circumstances when the
Minister's report under section 76C may be included in the Minister's report
under section 8S of the Public Safety Preservation Act 1986.
Amendment 2 amends clause 14 (Insertion of new section 83A) of the Bill.
This amendment replaces the timing for the Minister to commence the review
of the Terrorism (Preventative Detention) Act 2005 from within four years of
the commencement of section 83A to within 2 years of the commencement of
the section.
Amendment 3 also amends clause 14 (Insertion of new section 83A) of the
Bill. This amendment replaces the timing for the Minister to cause a report on
the outcome of the review of the Terrorism (Preventative Detention) Act 2005
to be prepared and table such report in the Legislative Assembly from within 5
years of the commencement of section 83A to within 3 years of
commencement of the section.
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