Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
control order, the preventative detention order, and ASIO detention warrant
regimes.99
108.
The Commission has previously advised the Australian government that it has
concerns about questioning and detention warrant powers under Division 3 of
Part III of the Australian Security Intelligence Organisation Act 1979 (Cth).
These concerns, particularly in relation to the lack of adequate safeguards
against abuse, have been set out in previous Commission submissions.100
109.
Accordingly, the Commission is very concerned that the Foreign Fighters Bill
proposes to reduce the standard for the grant of a questioning and detention
warrant from the Minister being satisfied that ‘relying on other methods of
collecting that intelligence would be ineffective’ to the Minister needing only to
be satisfied that ‘having regard to other methods (if any) of collecting the
intelligence that are likely to be as effective, it is reasonable in all the
circumstances for the warrant to be issued.’101
110.
The Commission considers that the Australian government has not
established that the power to issue control orders and preventative detention
orders, anti-terrorism stop, search and seizure powers and ASIO’s special
warrant powers is necessary and proportionate to a legitimate aim of
protecting the Australian public against terrorism.
111.
The parliamentary Joint Committee on Intelligence and Security released a
report on the Foreign Fighters Bill on 17 October 2014. The report makes37
recommendations on matters relating to the bill. Recommendation 13, in
particular, urges that the use of control orders; preventative detention orders;
stop, search and seizure powers; and ASIO special warrant powers be
extended for a period of approx. 3 years. Further, it recommends that the Joint
Committee review their operation 6 months prior to the proposed date that
they cease.102
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