Chapter 1 – Report of the Policy, Law and Complaints Group inquiry (Section 10(6)) as well as the provision for indefinite detention without trial as matters of serious concern and in breach of the right to a fair trial according to Article 5 of the Federal Constitution as well as Article 10 of the Universal Declaration of Human Rights (UDHR). The Commission asserts that the right to a fair trial is absolute and cannot be limited. Furthermore, arbitrary detention is a serious threat to liberty and to the enjoyment of all other fundamental rights. (v) Ousted Right to Judicial Review The Commission regrets the absence of a right to judicial review, save for the review of procedural matters, as provided under Sections 19(1) and (2), which is an affront to the right to a fair hearing and the right to have the legitimacy of one’s detention determined by an independent and competent court of law. This is a clear denial of the rights of the detained person and also violates fundamental liberties enshrined in the Federal Constitution. In contrast, Australian law states that a person may be subjected to a control order under Division 12 of the Australia Criminal Code Act 1995 if it helps to prevent a terrorist attack. This order can only be issued by a court of law, and the application made by the Australian Federal Police (AFP) must have the consent of the Attorney General. This control order cannot be for a period of more than 12 months. At the same time, a person may apply to the court to vary the order, revoke it, or declare it to be void, and the court will then consider the circumstances (including financial and personal circumstances) of the person.25 POTA seems to deny every route to question the validity of detentions under and operations of POTA, by virtue of its Section 19. (vi) Revival of Repealed Laws The Commission notes with serious concern that POTA is bringing back the elements of previously repealed laws including the ISA and the RRA. Section 13(3) of POTA provides for the restriction of movement of any person for a period not exceeding five years. This section is similar to a provision of the RRA. The RRA gives the Minister power to detain a person, and under POTA, power is now given to the Board to determine whether a person should be confined in a particular state or district. In consideration of the above, the Commission urges for a revision of POTA, with full and meaningful consultations with all stakeholders, including the Commission. Such consultations will allow for the exchange and consideration of views with the primary aim of aligning the 25 http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/Australiascounterterrorismlaws.aspx 63 BOOK-ANR2016-01-latest.indb 63 08/04/2016 3:32 PM