Counter-Terrorism and Other Legislation Amendment Bill 2023

The majority voted in favour of a motion to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill for a second time. This means they can now consider the bill in more detail.

What does this bill do?

According to the bills digest:

• The main purpose of the Counter-Terrorism and Other Legislation Amendment Bill 2023 (the Bill) is to extend provisions relating to control orders, preventative detention orders and terrorism-related stop, search and seizure powers, currently due to sunset on 7 December 2023, for a further three years to 7 December 2026.
• These powers have been subject to sunset clauses since their enactment in 2005 and this will be the fifth time in which they have been extended.
• The Bill will also implement the Government’s response to certain recommendations made by the Independent National Security Legislation Monitor (INSLM) and the Parliamentary Joint Committee on Intelligence and Security (PJCIS) in their most recent reviews of those provisions. Both the INSLM and the PJCIS recommended that stronger safeguards be imposed with respect to these powers.
• The Bill will also amend the list of conditions that may be imposed as part of the control orders scheme to give the court the discretion to impose ‘a very broad range of conditions directed at all aspects of a person’s life’.
• Stakeholders, including the Law Council of Australia and the Australian Human Rights Commission, have previously raised concerns about the operation and extension of these provisions.
• Parliamentary committees, including the Senate Standing Committee on the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights, have also previously raised concerns about these powers, including the justification for their extension.