Counter-Terrorism and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill keeps Queensland's preventative detention terrorism laws from expiring and extends police counter-terrorism powers beyond state borders. It also widens who is responsible for fire safety in buildings, protects police review commissioners from being sued, and updates Queensland laws to recognise the new federal Australian Border Force.
Who it affects
All Queenslanders are affected by the continuation of preventative detention powers for another 10 years, while landlords and accommodation managers face wider fire safety responsibilities.
Preventative detention extended 10 years
Queensland's Terrorism (Preventative Detention) Act 2005 was set to expire on 16 December 2015. This bill extends it until 2025 and adds a requirement for the Minister to review the Act within 4 years.
- Sunset date pushed out 10 years so preventative detention powers continue
- Minister must start a review within 4 years and table a report within 5 years
- Public Interest Monitor, Supreme Court review, and free legal help for detainees are retained
Police powers reach beyond Queensland
The Public Safety Preservation Act and Terrorism (Preventative Detention) Act now apply outside Queensland. Police can respond to terrorist incidents on vessels out to 200 nautical miles at sea, or where a vehicle crosses into another state.
- Terrorist emergency declarations can be made for areas outside Queensland
- Declarations around vehicles or vessels continue even if they cross a state border or go into the Territorial Sea
- Police can enforce Preventative Detention Orders on boats and in the 'adjacent area'
Fire safety occupier definition widened
The Fire and Emergency Services Act 1990 now defines 'occupier' more broadly, matching the Criminal Code. This captures absent owners, rent-masters who sub-let, and managers of unsafe rental accommodation.
- Absent owners and sub-letting 'rent-masters' can be held liable for fire safety breaches
- Managers of illegal or unsafe rental accommodation fall within the definition
Police review commissioner immunity
Civil liability protections for police review commissioners are moved from regulation into the Police Service Administration Act 1990. People who take part in a review or give evidence are also protected.
- Review commissioners not liable for good-faith acts without negligence
- People who apply for or give evidence in a review are protected from being sued
- The State may still be vicariously liable for its employees' conduct
Australian Border Force recognition
Queensland laws are updated so that 'officer of Customs in the Australian Border Force' replaces references to the old Australian Customs Service. Retrospective cover is provided back to 1 July 2015 when the federal agencies merged.
- Border Force officers are exempt from the Weapons Act 1990 when carrying weapons on duty
- The federal Department of Immigration and Border Protection is recognised as an approved law enforcement agency for police information sharing
- Retrospective cover from 1 July 2015 closes a legal gap
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Sept 2015View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill and recommended it be passed, with three additional recommendations all supported by the Queensland Government. The committee focused on safeguards around preventative detention orders, including enhanced parliamentary reporting requirements and an earlier independent review of the legislation.
Key findings (5)
- The bill would extend the Terrorism (Preventative Detention) Act 2005 for a further ten years, continuing preventative detention powers for counter-terrorism purposes
- The committee sought stronger accountability mechanisms, recommending the Minister report to Parliament within six months of any use of preventative detention powers
- The committee recommended bringing forward the independent review of the Act from four years to two years after commencement
- The bill also extended the territorial application of counter-terrorism legislation from three nautical miles to 200 nautical miles from the Queensland coast
- The committee also examined fire safety regulation in budget accommodation and civil liability protections for police service review commissioners
Recommendations (4)
- The committee recommends that the Counter-Terrorism and Other Legislation Amendment Bill 2015 be passed.
- The committee recommends the bill be amended to require the Minister to provide a stand-alone report to Parliament within six months of the use of powers under the Terrorism (Preventative Detention) Act 2005.
- The committee recommends the Act be amended to require an independent review to occur within two years of the Act's commencement, with a report required no later than within three years of the Act's commencement.
- The committee recommends the Minister advise the House of whether the government is progressing further work with local government authorities in respect of improving fire safety regulation in budget accommodation.
Committee report tabled
▸Second Reading11 Nov 2015View Hansard
▸16 members spoke16 support
Introduced the bill and moved government amendments implementing all four committee recommendations. Emphasised the need for unity in legislating against terrorism and the importance of the bill for the 2018 Commonwealth Games.
“We must legislate in unity. We must ensure that whatever preventative mechanisms are needed are put in place in unity.”— 2015-11-11View Hansard
Confirmed the opposition would not oppose the bill and supported the committee recommendations and minister's amendments. Questioned whether the government considered lowering the preventative detention age below 16.
“The opposition supports the committee recommendations. The opposition supports the amendments moved by the minister.”— 2015-11-11View Hansard
Spoke as committee chair noting bipartisan support and the four recommendations. Highlighted evidence from Deputy Commissioner Barnett about the deteriorating security situation and the upcoming Commonwealth Games as justification for extending the powers.
“This bill clearly demonstrates the government's commitment and our position as being tough on crime.”— 2015-11-11View Hansard
Supported the bill with particular focus on the reporting requirements under recommendation 2. Emphasised the impact of social media on terrorism recruitment and the need to give front-line agencies every tool available.
“It is incumbent upon us in this House to give the men and women who work in those front-line agencies every tool available to allow them to continue the great work that they do.”— 2015-11-11View Hansard
Supported the bill, highlighting the importance of extending extraterritorial police powers from three to 200 nautical miles and enabling terrorist emergency declarations for vessels before they enter Queensland.
“The ability to interdict vessels outside of Queensland's coastal waters creates a significant buffer to protect Queenslanders from acts of terrorism.”— 2015-11-11View Hansard
Supported the bill as Queensland's response to the COAG agreement on counterterrorism. Noted the need to balance individual rights with community safety and that the powers had not been abused during the initial 10-year period.
“A balance must be considered between individual rights and liberties, community safety and practical application: 'it is better to have them and not need them, than to need them and not have them'.”— 2015-11-11View Hansard
Supported the bill as a committee member, providing detailed analysis of the safeguards including the 24-hour initial detention limit, judicial oversight, and the new six-monthly and two-year review requirements.
“There are extraordinary powers for extraordinary times. We have seen over the last decade or two the need for us to have these extraordinary powers with adequate safeguards in place.”— 2015-11-11View Hansard
Briefly supported the bill, noting the changed security environment since 2005 and the challenge of terrorism recruitment through social media and the internet.
“I support what this bill is trying to do in trying to keep us a free nation—a nation where we can minimise attacks from individuals who want to destroy our free nation and our way of life.”— 2015-11-11View Hansard
Supported the bill with a focus on the fire safety amendments, particularly the broadened definition of 'occupier' to capture absent owners and rent masters who sublet unsafe accommodation.
“There is no place for exploitive housing in Queensland. Our firefighters do great work in identifying unsafe accommodation.”— 2015-11-11View Hansard
Supported the bill and discussed the broader policy context of education and deradicalisation. Called for stronger action against terrorist supporters including suspension of privileges and consideration of the death penalty for certain terrorist acts.
“Stopping the spread of extremist agendas and insular ideologies can only be addressed through engaging the disenfranchised, the disaffected and the marginalised from a very young chronological age.”— 2015-11-11View Hansard
Supported the bill, drawing on his personal experience living near Lavarack Barracks and knowing Defence personnel who served in Afghanistan. Argued the terrorism threat warranted extending these powers.
“I am satisfied that recent terrorism links across Australia warrant the extension of these powers in Queensland. I hope and pray that we never get to use these in any circumstance.”— 2015-11-11View Hansard
Supported the bill as a former police officer, emphasising the importance of giving police the legislative tools to deal with terrorism threats in a timely manner, particularly given the increasing sophistication of terrorist organisations.
“There can be nothing more frustrating for a police officer than to watch a criminal walk free or to fail to prevent an offence from occurring because they do not have the necessary legislative powers.”— 2015-11-11View Hansard
Supported the bill, noting the increasing threat of low-tech terrorism and the need for police to intervene early. Commended the Queensland Police Service for their performance during the G20 summit.
“Our highest and first duty as lawmakers is to provide for the safety of our citizens.”— 2015-11-11View Hansard
Supported the bill, highlighting the importance of these powers for major events including the 2018 Commonwealth Games on the Gold Coast. Noted that the legislation helped ensure security during the G20.
“Rather than live in fear of these monsters, we must adopt proactive measures that give our police and judges powers to deal harshly with perpetrators and their associates.”— 2015-11-11View Hansard
Supported the bill as a timely and balanced response to the terrorism threat, noting the increasing difficulty of detecting lone-actor attacks and praising the QPS performance during the G20.
“When it comes to the Terrorism (Preventative Detention) Act, it is far better to have it and not need it than need it and not have it.”— 2015-11-11View Hansard
Supported the bill as a continuation of Queensland's preventative detention regime, emphasising the parliamentary oversight function provided by the new reporting requirements.
“This bill will provide the policy and legislative backing that police and emergency services require to perform their most difficult duty: stopping political violence that cuts at the heart of our community.”— 2015-11-11View Hansard
▸In Detail11 Nov 2015View Hansard
Inserted new Part 6A into the Terrorism (Preventative Detention) Act requiring the Commissioner of Police to report to the Minister within three months of any preventative detention order application, and the Minister to table a report in the Legislative Assembly within six months.
Reduced the statutory review timeframe from four years to two years for commencement of the review, and from five years to three years for tabling the report on the outcome of the review.
Referenced Entities
Legislation
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Sectors Affected
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