Counter-Terrorism and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill expands police powers to respond to terrorist attacks and other declared emergencies in Queensland. It lets police compel anyone to hand over information needed to manage an emergency, creates new 'evacuation area' powers, allows detention orders against terrorism suspects whose name isn't known, and makes operational changes to corrective services and Commonwealth intelligence agency assumed identities.
Who it affects
Mainly affects Queensland Police, businesses and individuals who hold information relevant to emergencies, people caught inside declared areas, terrorism suspects, and prisoners. It also gives ASIO and ASIS new access to Queensland birth certificates for assumed identities.
New police power to compel information in emergencies
Police commanders can require any person or agency to hand over information, answer questions or produce documents needed to manage a declared emergency, terrorist emergency or chemical/biological/radiological emergency. People can also be ordered not to tell anyone they were asked. Refusing, lying or tipping off others is an offence, with up to 10 years' imprisonment in aggravated cases.
- Police can force companies and individuals to give information (including CCTV, records, documents) during a declared emergency
- Tipping off others or refusing without reasonable excuse can result in up to 1 year's jail (or 10 years in aggravated cases)
- People forced to give information are protected from being sued or prosecuted, and can ask for permission to get legal advice
- The power cannot be used against a person police reasonably suspect of having committed an indictable offence directly related to the emergency
Stronger terrorist emergency powers
Police can extend a terrorist emergency declaration from 14 days up to 28 days by ministerial decision, and further by regulation. New 'declared evacuation areas' can cover reception centres, evacuation routes and buses used to move people. Police gain powers to stop and search vehicles entering or leaving declared areas, to direct government agencies without consultation in urgent cases, and to require date of birth in addition to name and address.
- Terrorist emergency can be extended to 28 days by Premier and Minister, then further by regulation (14-day blocks)
- New Terrorist Emergency Reception Centre Commander can declare evacuation areas, routes and vehicles as 'declared evacuation areas'
- Police can now stop and search vehicles without warrant near declared areas
- Police can skip consultation with other government agencies when giving urgent directions
- Police can demand a person's date of birth, not just their name and address
Preventative Detention Orders against unnamed persons
A court can now issue a Preventative Detention Order against a terrorism suspect whose real name is unknown, using a photograph, nickname, partial name or physical description. Urgent detention orders can be applied for orally without a prepared written application, and a Prohibited Contact Order can be made at the same time.
- Detention orders can be made using a photo, nickname or description if the person's name is not known
- Urgent applications can be made orally by phone, email, radio or video without a written application first
- Police can take identifying particulars (fingerprints etc.) to confirm a detained person's identity
- Prohibited Contact Orders can be applied for at the same time as a detention order
Corrective services operational changes
Registered nurses can now carry out routine health examinations of prisoners on safety, maximum-security, segregation or separate-confinement orders (previously only doctors could). Biometric identification (including eye, voice and vein scans) is explicitly authorised for prisoners and visitors. Prisoners must now seek permission before applying to change their name in any Australian state.
- Nurses can replace doctors for routine health checks on segregated prisoners
- Biometric identification systems explicitly authorised for prisoners and visitors (photos, fingerprints, eye/voice/vein scans)
- Prisoners need written permission to apply to change their name in any state, not just Queensland
- Remanded prisoners' transfer for assessment after sentencing cannot be reviewed by prisoner
Assumed-identity birth certificates for Commonwealth intelligence agencies
ASIO and ASIS (Commonwealth intelligence agencies) can now apply to the Queensland Supreme Court for approval to create a fake birth certificate for an assumed identity, extending a scheme already available to law-enforcement bodies.
- ASIO and ASIS can seek Supreme Court approval to create Queensland birth certificates for assumed identities
- Intelligence agencies must indemnify the Registrar-General for civil liability
- Birth certificates must be destroyed when the approval is cancelled
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee19 Apr 2016View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the Counter-Terrorism and Other Legislation Amendment Bill 2016 and recommended it be passed. The bill proposed amendments to four Acts to enhance counter-terrorism and emergency management powers. The committee identified several fundamental legislative principle concerns, particularly around administrative power, onus of proof, power to enter premises, protection against self-incrimination, and immunity from proceedings. No dissenting views were recorded.
Key findings (5)
- The bill proposed to amend the Public Safety Preservation Act 1986, Terrorism (Preventative Detention) Act 2005, Police Powers and Responsibilities Act 2000, and Corrective Services Act 2006 to enhance counter-terrorism powers.
- The Queensland Council for Civil Liberties raised concerns about the breadth of emergency powers, including powers to declare evacuation areas, search without safeguards, and retain biometric information after prisoners have served their sentences.
- The Bar Association of Queensland argued that the power to extend a terrorist emergency should rest with the Supreme Court rather than the Premier, and sought additional safeguards for biometric data collection.
- The committee identified potential fundamental legislative principle issues regarding administrative power, reversal of onus of proof, power to enter premises, self-incrimination protections, and immunity from proceedings.
- The Queensland Nurses Union supported corrective services amendments on the condition that nurses are assessed as competent for the required examinations and workloads are monitored.
Recommendations (1)
- The committee recommends the Counter-Terrorism and Other Legislation Amendment Bill 2016 be passed.
Committee report tabled
▸Second Reading17 Aug 2016View Hansard
That the amendment be agreed to
Vote on an amendment during the debate, carried 43-42 on party lines
The motion passed.
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Ayes (43)
Noes (42)
Vote on a motion
Vote on a motion during the debate, defeated 41-44
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (44)
▸13 members spoke12 support1 mixed
As minister introducing the bill, argued it provides police with the legislative tools needed to respond rapidly to terrorism and other emergencies while maintaining appropriate safeguards.
“The bill includes a number of amendments to the Corrective Services Act that will support efficiencies in the operational practices of Queensland Corrective Services... The threat of terrorism is real, and this bill provides police with strong powers to enable them to rapidly and effectively respond to and prevent acts of terrorism and other public emergencies which place the safety of the community at risk.”— 2016-08-17View Hansard
Shadow minister supported the bill, arguing that terror threats necessitate giving police tools they need while criticising the government's approach on organised crime.
“The LNP will always support measures that keep our community safe. We have tremendous respect for our law enforcement agencies, the Queensland Police Service and the Crime and Corruption Commission and the men and women who do what they can do to keep our community safe. In that regard, we will be supporting the bill before the House.”— 2016-08-17View Hansard
Supported the bill but raised concerns about the potential for radicalisation and recruitment of other prisoners by those incarcerated on terrorism-related charges.
“My point is that our prisons are fertile grounds for terrorists to recruit others, and as such we have to give serious consideration to how we are going to manage the issue so that we as a society are not developing a breeding ground for other lone wolf terrorist activities in our prison system.”— 2016-08-17View Hansard
Supported the bill, emphasising the need to close loopholes in search powers and provide police with tools to respond quickly in a changed threat environment.
“The legislative amendments within this bill are an essential component to enhance our strategic and operational capacity to face this growing global issue and defeat those who wish to cause us harm.”— 2016-08-17View Hansard
Supported the bill, emphasising the need for information-gathering powers during emergencies and the balance with safeguards.
“This bill will give the Queensland police the necessary powers to enhance their ability to prevent and respond to acts of terrorism and go towards safeguarding those we love.”— 2016-08-17View Hansard
Supported the bill, citing recent overseas attacks and the Lindt cafe siege, emphasising the need for preparedness particularly with the 2018 Commonwealth Games approaching.
“The amendments proposed in this 2016 bill will provide stronger safeguards to deal with and prevent acts of terrorism. Importantly, they will help keep Queenslanders safe.”— 2016-08-17View Hansard
Supported the bill as necessary to equip police with tools for early intervention against terrorism.
“I support this legislation as it will provide our relevant law enforcement agencies in Queensland with the necessary tools that allow for early intervention to prevent a terrorist attack.”— 2016-08-17View Hansard
Supported the bill, emphasising the information-gathering powers and the safeguards built in to protect individual rights.
“The bill achieves an appropriate balance between enabling police to obtain necessary information for the management or resolution of an emergency to protect the community and protecting the rights and liberties of the individual.”— 2016-08-17View Hansard
Supported the bill but argued it did not go far enough, controversially calling for the prohibition of sharia law in Queensland as a counter-terrorism measure.
“In conclusion, I support the bill. It goes a little way to help but I believe we must identify the sources of terrorism and the very real risks in our nation and respond to them.”— 2016-08-17View Hansard
Premier supported the bill as expanding police capability while maintaining safeguards, emphasising consistency with national approach and social cohesion measures.
“The laws proposed in this bill today will expand the capability of the Queensland Police Service when responding to acts of terrorism and natural disasters. Not only will these laws sharpen the tools available to police in handling an emergency, they will also ensure that our laws are consistent with the national approach to countering terrorism.”— 2016-08-17View Hansard
Supported the bill as enabling law enforcement agencies to rapidly deal with emergency situations.
“Therefore it is the role of parliamentarians to implement laws that enhance public safety by enabling law enforcement agencies to have the tools to rapidly deal with emergency situations. This bill certainly goes a long way to deal with that.”— 2016-08-17View Hansard
Supported the bill citing RAAF Base Amberley in his electorate and the need for strong anti-terrorism laws.
“The new laws proposed by this bill will equip the police with the powers they need to swiftly respond to any emergency should there be an incident that affects or has the potential to affect the security of Amberley RAAF base.”— 2016-08-17View Hansard
Supported the bill, highlighting the importance of equipping police for the Gold Coast Commonwealth Games and lone-actor terrorism threats.
“With the Gold Coast due to host the Commonwealth Games in just over 18 months, any opportunity to update legislation to improve police powers—especially in the area of counterterrorism—would be very welcome by Gold Coast locals.”— 2016-08-17View Hansard
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Sectors Affected
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