Independent National Security Legislation Monitor’s Statutory Deadline Review

Liberty Victoria has made a submission to the Independent National Security Legislation Monitor’s (INSLM) Statutory Deadline Review of:

1. Division 3A of Part IAA of the Crimes Act 1914 (Cth) (Crimes Act) (Stop and Seize powers);
2. Sections 119.2 and 119.3 of the Criminal Code 1995 (Cth) (Criminal Code) (Declared areas); and
3. Division 104 and 105 of the Criminal Code (Control Orders and Preventive Detention Orders), including the interoperability of the control order regime and the High Risk Terrorist Offenders Act 2016 (Cth).

Liberty Victoria acknowledges the important and difficult role that law enforcement agencies play in keeping Australia safe. These agencies must have appropriate powers to combat the persistent threat of violent extremism. But we must also fiercely protect the fundamental rights and freedoms that are constitutive of life in Australian society. Maintenance of this way of life depends on carefully scrutinising any proposed expansion of law enforcement powers, to ensure that they strike the right balance between security and fundamental rights and freedoms.

Meaningful reviews are required to ensure that counter-terrorism laws are necessary and effective in the prevention or response to any terrorist threat. Such laws must remain just and proportionate having regard to the competing and compelling public interest in the protection of fundamental rights and freedoms.

This submission addresses only the first and third areas of review. Consistent with our previously stated position, Liberty Victoria maintains its concern in relation to the content of Stop and Seize powers and the regime for Control Orders and Preventive Detention Orders.