Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Universal Periodic Review, 15 April 2015, [37]-[38]. At
https://www.humanrights.gov.au/submissions/australia-s-second-universal-periodic-review (viewed 11
September 2017).
164 Divisions 104 and 105 of Part 5.3 of the Criminal Code contain the control order and preventative
detention order (PDO) regimes respectively.
165 See for example: Human Rights and Equal Opportunity Commission (as the Commission was then
known), Submission No 158, 158A and 158B to Senate Legal and Constitutional Legislation
Committee, Inquiry into the Anti-Terrorism Bill (No 2) 2005, 11 November 2005. At
http://www.humanrights.gov.au/submission-anti-terrorism-bill-no-2-2005 (viewed 11 September 2017);
Australian Human Rights Commission, A Human Rights Guide to Australia’s Counter-Terrorism Laws
(2008). At https://www.humanrights.gov.au/human-rights-guide-australias-counter-terrorism-laws
(viewed 11 September 2017).
166 Australian Human Rights Commission, Submission No 11 to Independent National Security
Legislation Monitor, Australian Government, Statutory Deadline Review, 15 May 2017, 4-5 [10]. At
https://www.inslm.gov.au/sites/default/files/submissions/11-australian-human-rights-commission.pdf
(viewed 11 September 2017).
167 Australian Human Rights Commission, Submission No 11 to Independent National Security
Legislation Monitor, Australian Government, Statutory Deadline Review, 15 May 2017, 4-5 [10]. At
https://www.inslm.gov.au/sites/default/files/submissions/11-australian-human-rights-commission.pdf
(viewed 11 September 2017).
168 Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016.
169 Australian Human Rights Commission, Submission No 8 to Parliamentary Joint Committee on
Intelligence and Security, Inquiry into Criminal Code Amendment (High Risk Terrorist Offenders) Bill
2016, 12 October 2016, 11 [34]. At http://www.aph.gov.au/DocumentStore.ashx?id=32397a66-a1794a07-a5fb-ab60b776676f&subId=414693 (viewed 11 September 2017).
170 Human Rights Committee, Views: Communication No. 1629/2007, 98th sess, UN Doc
CCPR/C/98/D/1629/2007 (10 May 2010) (‘Fardon v Australia’). At
http://juris.ohchr.org/Search/Details/1574 (viewed 11 September 2017); Human Rights Committee,
Views: Communication No. 1635/2007, 98th sess, Doc CCPR/C/98/D/1635/2007 (10 May 2010)
(‘Tillman v Australia’). At http://juris.ohchr.org/Search/Details/1576 (viewed 11 September 2017).
171 Division 3A of Part IAA of the Crimes Act 1914 (Cth).
172 See Australian Human Rights Commission, Submission No 11 to Independent National Security
Legislation Monitor, Statutory Deadline Reviews (15 May 2017) 9-10. At
https://www.inslm.gov.au/sites/default/files/submissions/11-australian-human-rights-commission.pdf
(viewed 11 September 2017).
173 Division 119 of Part 5.5 of the Criminal Code (Cth).
174 To date, two areas have been declared under s 119.3 of the Criminal Code, namely Al Raqqa
Province in Syria and Mosul District in Iraq. See Criminal Code (Foreign Incursions and Recruitment –
Declared Areas) Declaration 2014—Al-Raqqa Province, Syria (4 December 2014); Criminal Code
(Foreign Incursions and Recruitment—Declared Areas) Declaration 2015—Mosul District, Ninewa
Province, Iraq (2 March 2015). See Australian Human Rights Commission, Submission No 11 to
Independent National Security Legislation Monitor, Australian Government, Statutory Deadline
Review, 15 May 2017, 10-13 [33]-[45]. At https://www.inslm.gov.au/sites/default/files/submissions/11australian-human-rights-commission.pdf (viewed 11 September 2017).
175 The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015.
176 Australian Human Rights Commission, Submission No 13 to Parliamentary Joint Committee on
Intelligence and Security, Inquiry into the Australian Citizenship Amendment (Allegiance to Australia)
Bill 2015 (16 July 2015). At http://www.aph.gov.au/DocumentStore.ashx?id=8cfea01e-ec16-40748edf-dcc4d0625ee2&subId=354238 (viewed 11 September 2017).
177 National Security Legislation Amendment Act (No.1) 2014 (Cth), Counter-Terrorism Legislation
Amendment (Foreign Fighters) Act 2014 (Cth) and Counter-Terrorism Legislation Amendment Act
(No.1) 2014 (Cth). The Commission's concerns about this legislation are detailed in its submissions on
the proposed legislation. See Submission to the Parliamentary Joint Committee on Intelligence and
Security Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 (21 August 2014).
At https://www.humanrights.gov.au/submissions/submission-inquiry-national-security-legislationamendment-bill-no-1-2014 (viewed 11 September 2017); Australian Human Rights Commission,
Submission to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the
Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (2 October 2014). At
https://www.humanrights.gov.au/submissions/inquiry-counter-terrorism-legislation-amendment-foreignfighters-bill-2014 (viewed 11 September 2017) and Australian Human Rights Commission, Submission
to the Parliamentary Joint Committee on Intelligence and Security Inquiry into the Counter-Terrorism 55