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INDEPENDENT REVIEWER OF TERRORISM LAWS BILL 2008

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2008

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES


Presented and read a first time



Independent Reviewer of Terrorism Laws Bill 2008

No. , 2008

(Mr Georgiou)

A Bill for an Act to appoint an independent reviewer of terrorism laws, and for related purposes




Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008
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Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008
Contents
Part I--Preliminary 1

 

1 Short title 1

 

2 Commencement 1

 

3 Object of the Act 1

 

4 Interpretation 2

 

5 Application of Act 2
Part II--Independent Reviewer 2

 

6 Appointment of an Independent Reviewer of Terrorism Laws 2

 

7 Acting Independent Reviewer 2

 

8 Functions of the Independent Reviewer 3

 

9 Conduct of reviews by the Independent Reviewer 3

 

10 Power to obtain information and documents 4

 

11 Independent Reviewer to report 5
Part III--Administrative Provisions 6

 

12 Terms and conditions of appointment 6

 

13 Resignation 6

 

14 Termination of appointment 6

 

15 Disclosure of interests 7


Part III Administrative Provisions


Section 12

Administrative Provisions Part III


Section 15

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008

Independent Reviewer of Terrorism Laws Bill 2008 No. , 2008


A Bill for an Act to appoint an independent reviewer of terrorism laws, and for related purposes



The Parliament of Australia enacts:


Part I--Preliminary

 

1 Short title

This Act may be cited as the Independent Reviewer of Terrorism Laws Act 2008.

 

2 Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

 

3 Object of the 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 Interpretation

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.

Part II--Independent Reviewer

 

6 Appointment of an Independent Reviewer of Terrorism Laws
(1) For the purposes of this Act there shall be an Independent Reviewer of Terrorism Laws.
(2) The Independent Reviewer shall 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 shall consult with the Leader of the Opposition in the House of Representatives.

 

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.

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 laws relating to terrorist acts. The Independent Reviewer shall be free to determine priorities as he or she thinks fit.

 

9 Conduct of reviews by the Independent Reviewer
(1) The Independent Reviewer shall, 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 shall, 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.

Power 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 shall 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 national security classification, the Independent Reviewer shall 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 six 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.

Independent Reviewer to report
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 shall, as soon as practicable after receiving a report of a review of terrorism laws by the Independent Reviewer:

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.
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, shall be made only to the Independent Reviewer.

    (3) As soon as practicable after 30 June each year, the Independent Reviewer shall provide to the Minister a report of the Independent Reviewer's activities during the preceding year and the Minister shall, 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 shall be considered by the Parliamentary Joint Committee on Intelligence and Security and included in its annual report to the Parliament.

Part III--Administrative Provisions

 

12 Terms and conditions of appointment

    (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

        (c)   fails, without reasonable excuse, to comply with section 15;
the Governor-General shall terminate the appointment of the Independent Reviewer.

    (3) An Independent Reviewer shall not be removed or suspended from office except as provided by this section.

 

15 Disclosure of interests

The Independent Reviewer shall 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.

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