Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 o Creates new offences about the disclosure of information relating to SIOs that unduly infringe freedom of expression • The Commission has expressed concerns that the Foreign Fighters Bill contains measures that are inconsistent with human rights and not able to be justified as necessary and proportionate responses. • In particular, the Commission has expressed concerns that the Bill: o Enables continued use of control orders; preventative detention orders; stop, search and seizure powers; and Australian Security Intelligence Organisation’s (ASIO) special warrant powers without addressing significant concerns about the breadth of these powers and without demonstrating that the retention of these powers is justified o Reduces the threshold for Customs officers to detain people to a level that is too low o Introduces new criminal offences relating to ‘declared areas’ and ‘advocating terrorism’ that are poorly defined and insufficiently targeted to their intended purpose. Recommended actions: That the Government: 1. Swiftly appoint a new INSLM and ensure that they have sufficient resources to monitor recent changes and proposed changes to national security legislation. 2. Does not proceed with the Foreign Fighters Bill unless and until significant concerns about the Bill are addressed, including: a. Appropriate safeguards are provided for the use of control orders; stop, search and seizure powers; and ASIO’s special warrant powers b. Preventative detention orders are discontinued c. Appropriate monitoring and review mechanisms are put in place for the matters covered by the Bill. 93. The Commission acknowledges the critical importance of ensuring that our security agencies have appropriate powers to protect our national security. Human rights law provides significant scope for such agencies to have expansive powers, even where they impinge on individual rights and freedoms. Such limitations must, however, be clearly expressed, unambiguous in their terms, and legitimate and proportionate responses to potential harms. 94. The Commission welcomed the creation of the INSLM through the passage of the Independent National Security Legislation Monitor Act 2010 (Cth). The INSLM has produced annual reports to the federal Parliament which identify concerns about the operation of the suite of counter-terrorism laws in Australia. 95. The INSLM is required to assist in ensuring that Australia’s Counter-terrorism (CT) Laws are effective in deterring and preventing terrorism, are effective in 24