• require a plan to be put in place, including actions to be taken for the child’s rehabilitation to facilitate their transition into progressively less restrictive environments, and eventually out of detention. Children subject to national security laws (g) 357. The Commission recognises the importance of ensuring that intelligence and law enforcement agencies have appropriate powers to protect Australia’s national security and to protect the community from terrorism. However, the Commission is concerned that a number of national security measures limit children’s rights disproportionately: • The minimum age for the subject of a control order was recently lowered to 14.360 • In deciding what conditions should attach to a control order in relation to a child, an issuing court is required to consider the best interests of the child.361 However, under the law, protecting the public from a terrorist act is a ‘paramount consideration’, which could outweigh the best interests of the child.362 • Children may arbitrarily lose their citizenship as a result of 2015 amendments to the Australian Citizenship Act 2007, which provide for the cessation of citizenship where a dual citizen engages in terrorismrelated conduct.363 This applies to children aged 14 years or older. • There is a lack of clarity and an inconsistent approach when it comes to the procedure in trials of children for terrorism offences.364 • Section 19AG(2) of the Crimes Act 1914 (Cth), which compels the sentencing court to fix a single non-parole period of at least threequarters of the sentence imposed, applies to both children and adults sentenced in relation to relevant offences. The INSLM is currently reviewing this provision.365 • Section 15AA of the Crimes Act (Cth) establishes a presumption against bail for relevant terrorism offences and puts the onus on a defendant to reverse that presumption by establishing that there are ‘exceptional circumstances’.366 However, the Commission considers that the fact an accused person is under 18 should always be considered an exceptional circumstance. 64