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 27

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