SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002 No. 65, 2002 - SECT 4 Public and independent review of operation of Security Acts relating to terrorism

Commonwealth Numbered Acts

Public and independent review of operation of Security Acts relating to terrorism

(1): The Attorney-General must cause a review of the operation, effectiveness and implications of amendments made by the Security Legislation Amendment
(Terrorism): Act 2002 , Suppression of the Financing of Terrorism Act 2002 , Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002 , Border Security Legislation Amendment Act 2002 and Telecommunications Interception Legislation Amendment Act 2002 .
(2): The review must be undertaken as soon as practicable after the third anniversary of the commencement of the amendments.
(3): The review is to be undertaken by a committee consisting of:

(a): up to two persons appointed by the Attorney-General, one of whom must be a retired judicial officer who shall be the Chair of the Committee; and
(b): the Inspector-General of Intelligence and Security; and
(c): the Privacy Commissioner; and
(d): the Human Rights Commissioner; and
(e): the Commonwealth Ombudsman; and
(f): two persons (who must hold a legal practising certificate in an Australian jurisdiction) appointed by the Attorney-General on the nomination of the Law Council of Australia.

(4): The Attorney-General may reject a nomination made under subsection (3)(f). If the Attorney-General rejects a nomination, the Law Council of Australia may nominate another person.
(5): The committee must provide for public submissions and public hearings as part of the review.
(6): The committee must, within six months of commencing the review, give the Attorney-General and the Parliamentary Joint Committee on ASIO, ASIS and DSD a written report of the review which includes an assessment of matters in subsection (1), and alternative approaches or mechanisms as appropriate.
(7): The Attorney-General must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Attorney-General.
(8): Before the copy of the report is tabled in Parliament, the Attorney-General may remove information from the copy of the report if the Attorney-General is satisfied on advice from the Director-General of Security or the Commissioner of the Australian Federal Police that its inclusion may:

(a): endanger a person's safety; or
(b): prejudice an investigation or prosecution; or
(c): compromise the operational activities or methodologies of the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service, the Defence Signals Directorate or the Australian Federal Police.

(9): The Parliamentary Joint Committee on ASIO, ASIS and DSD must take account of the report of the review given to the Committee, when the Committee conducts its review under paragraph 29(1)(ba) of the Intelligence Services Act 2001 .

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