INDEPENDENT REVIEWER OF TERRORISM LAWS BILL 2008 [NO. 2]

i Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

Contents

Part 1--Preliminary

1 Short title ....................................................................................................... 1

2 Commencement ............................................................................................. 1

3 Object of Act.................................................................................................. 2

4 Interpretation.................................................................................................. 2

5 Application of Act ......................................................................................... 2

Part 2--Independent Reviewer

6 Appointment of an Independent Reviewer of Terrorism Laws ..................... 3

7 Acting Independent Reviewer ....................................................................... 3

8 Functions of the Independent Reviewer ........................................................ 3

9 Conduct of reviews by the Independent Reviewer ........................................ 4

10 Power to obtain information and documents ............................................... 4

11 Independent Reviewer to report................................................................... 5

Part 3--Administrative Provisions

12 Terms and conditions of appointment ......................................................... 7

13 Resignation .................................................................................................. 7

14 Termination of appointment ........................................................................ 7

15 Disclosure of interests.................................................................................. 8

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008 1

A Bill for an Act to appoint an Independent

Reviewer of Terrorism Laws, and for related

purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Independent Reviewer of Terrorism

Laws Act 2008.

2 Commence ment

(1) Subject to subsection (2), this Act commences on a day to be fixed

by Proclamation.

Part 1 Preliminary

Section 3

2 Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

(2) If this Act does not commence under subsection (1) within the

period of 6 months beginning on the day on which it receives the

Royal Assent, it commences on the first day after the end of that

period.

3 Object of Act

The object of this Act is to appoint an independent person to ensure

ongoing and integrated review of the operation, effectiveness and

implications of laws in Australia relating to terrorism.

4 Inte rpretation

In this Act, unless the contrary intention appears:

terrorist act has the same meaning as in Part 5.3 of the

Criminal Code Act 1995.

terrorism laws means any law or part of a law directed to the

prevention, detection or prosecution of a terrorist act.

5 Application of Act

This Act applies both within and outside Australia and extends to

every external Territory.

Independent Reviewer Part 2

Section 6

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008 3

Part 2--Independent Reviewer

6 Appointment of an Independent Reviewer of Terrorism Laws

(1) For the purposes of this Act there must be an Independent

Reviewer of Terrorism Laws.

(2) The Independent Reviewer must be appointed by the

Governor-General.

(3) Before a recommendation is made to the Governor-General for the

appointment of a person as the Independent Reviewer, the Prime

Minister must consult with the Leader of the Opposition in the

House of Representatives about the appointment.

7 Acting Independent Reviewer

(1) The Prime Minister may appoint a person to act as the Independent

Reviewer:

(a) during a vacancy in the office of Independent Reviewer; or

(b) during any period, or during all periods, when the

Independent Reviewer is absent from duty or from Australia

or is, for any reason, unable to perform the duties of the

office;

but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.

(2) Before appointing a person to act as the Independent Reviewer, the

Prime Minister must consult with the Leader of the Opposition in

the House of Representatives about the appointment.

8 Functions of the Independent Reviewer

The functions of the Independent Reviewer are: at the request of

the responsible Minister; or of the Parliamentary Joint Committee

on Intelligence and Security; or of the Independent Reviewer's own

motion, to review the operation, effectiveness and implications of

Part 2 Independent Reviewer

Section 9

4 Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

laws relating to terrorist acts. The Independent Reviewer must be

free to determine priorities as he or she thinks fit.

9 Conduct of reviews by the Independent Reviewer

(1)

The Independent Reviewer must, before commencing a review into

legislation, inform the responsible Minister that the Independent

Reviewer proposes to conduct the review.

(2)

The Independent Reviewer may, for the purposes of this Act,

obtain information, including information that is classified as

confidential, from such persons, and make such inquiries, as the

Independent Reviewer thinks is necessary for the conduct of a

review.

(3) The Independent Reviewer must, before commencing a review of

legislation, have regard to the functions of the Inspector-General of

Intelligence and Security, Australian Security Intelligence

Organisation, the Australian Federal Police, the Human Rights and

Equal Opportunity Commission, the Auditor-General, the

Ombudsman, and the Privacy Commissioner, in relation to that

legislation, and may consult with all or any of them in relation to

the review, with a view to ensuring a cooperative and

comprehensive approach and to avoiding inquiries being conducted

unnecessarily by more than one of them.

10 Powe r to obtain information and documents

(1) Where the Independent Reviewer believes that a person is capable of

producing documents relevant to the review being undertaken, the

Independent Reviewer may, by notice in writing, require that person,

within such period as is specified in the notice and which must be

reasonable, to produce such documents to the Independent Reviewer.

(2) Where documents are produced, the Independent Reviewer may take

possession of, make copies of, or take extracts from such documents

and may retain possession of them for such period as the

Independent Reviewer considers is necessary.

(3) Where the Independent Reviewer requires access to documents for

the purposes of a review under this Act, and the documents have a

Independent Reviewer Part 2

Section 11

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008 5

national security classification, the Independent Reviewer must

make arrangements with relevant agencies for protection of the

documents while they remain in the Independent Reviewer's control,

and for the secure return of the documents.

(4) Where the Independent Reviewer takes possession, copies or

extracts of documents, the documents will be held securely by the

Independent Reviewer and will be destroyed within 6 months of the

completion of the inquiry.

(5) Where the Independent Reviewer believes that a person is capable of

providing information relevant to the review being undertaken, the

Independent Reviewer may, by notice in writing, require that person

to attend before the Independent Reviewer to answer questions as

relevant.

(6) A person is not liable to any penalty under the provisions of any

other enactment by reason of his or her giving the information to the

Independent Reviewer or producing the document to the

Independent Reviewer.

(7) For the purposes of the Privacy Act 1988, the giving of the

information to the Independent Reviewer or the production of the

document to the Independent Reviewer is taken to be authorised by

law.

11 Independent Reviewer to report

(1)

Upon completion of each review of the operation, effectiveness and

implications of a law relating to terrorism, the Independent

Reviewer will report to the relevant Minister.

(2) A Minister must, as soon as practicable after receiving a report of a

review of terrorism laws by the Independent Reviewer:

(a) present to each House of the Parliament a copy of the report,

subject to the Independent Reviewer's certification that the

report should be so presented and the deletion of any part

whose publication the Independent Reviewer certifies may

affect adversely national security or certifies should not be

published on other compelling grounds;

Part 3 Ad min istrative Provisions

Section 11

6 Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

(b) present to each House of the Parliament a response to the

report, provided that a response to any report not certified for

presentation, or any part whose publication the Independent

Reviewer has certified should be deleted, must be made only

to the Independent Reviewer.

(3) As soon as practicable after 30 June each year, the Independent

Reviewer must provide to the Minister a report of the Independent

Reviewer's activities during the preceding year and the Minister

must, as soon as practicable after receiving the report, present to

each House of the Parliament a copy of the report, subject to the

Independent Reviewer's certification that the report should be so

presented and the deletion of any part whose publication the

Independent Reviewer certifies may affect adversely national

security or certifies should not be published on other compelling

grounds.

(4) A report of the Independent Reviewer that has been presented to

the Parliament must be considered by the Parliamentary Joint

Committee on Intelligence and Security and included in its annual

report to the Parliament.

Admin istrative Provisions Part 3

Section 12

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008 7

Part 3--Administrative Provisions

12 Terms and conditions of appointme nt

(1) The Independent Reviewer holds office for such period, not

exceeding 5 years, as is specified in the instrument of appointment

but, subject to subsection (2), is eligible for re-appointment.

(2) A person is not eligible to be appointed to the office of

Independent Reviewer more than twice.

(3) The Independent Reviewer may be appointed on a full-time or

part-time basis.

13 Resignation

A person appointed as Independent Reviewer may resign that

office by writing signed by the Independent Reviewer and

delivered to the Governor-General.

14 Termination of appointment

(1) The Governor-General may terminate the appointment of the

Independent Reviewer by reason of misbehaviour or physical or

mental incapacity.

(2) If the Independent Reviewer:

(a) becomes bankrupt, applies to take the benefit of any law for

the relief of bankrupt or insolvent debtors, compounds with

creditors or makes an assignment of remuneration for their

benefit;

(b) being a person holding office on a full-time basis:

(i) engages, except with the approval of the Prime Minister,

in paid employment outside the duties of his or her

office; or

(ii) is absent from duty, except on leave, for 14 consecutive

days or for 28 days in any period of 12 months; or

Part 3 Ad min istrative Provisions

Section 15

8 Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

the Governor-General must terminate the appointment of the

Independent Reviewer.

(3) An Independent Reviewer must not be removed or suspended from

office except as provided by this section.

15 Disclosure of interests

The Independent Reviewer must give written notice to the Prime

Minister of all interests, pecuniary or otherwise, that the

Independent Reviewer has or acquires and that could conflict with

the proper performance of the Independent Reviewer's functions.

Commonwealth of Australia Bills

INDEPENDENT REVIEWER OF TERRORISM LAWS BILL 2008 [NO. 2]