Counter-Terrorism and Other Legislation Amendment Bill 2016

Introduced: 19/4/2016By: Hon B Byrne MPStatus: PASSED

Safety & Emergency Justice & Rights Government & Elections

This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

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

How this affects you

Safety & Emergency

•Police can order you or your business to hand over information during a declared terrorist or other emergency, and you can go to jail for up to a year for refusing (10 years if people could be harmed)Clause 28 (new s 8AE, 8AG)The emergency commander or a police officer may require a person to give information necessary to manage or resolve the declared emergency, with up to 40 penalty units or 1 year's imprisonment for non-compliance, rising to 10 years in aggravated circumstances.
•A terrorist emergency can now run for up to 28 days (previously 14), and even longer if extended by regulationClause 36 (new s 8H, 8HA)The Premier and Minister may extend a terrorist emergency beyond the initial seven days up to a maximum of 28 days, and a regulation may further extend by up to 14 days at a time.
•If you're near a declared area, police can stop and search your car or bus without a warrantClause 44 (new s 8P)A terrorist emergency officer may, without a warrant, stop, detain and search a vehicle about to enter, in, or reasonably suspected of having recently left a declared area.
•Police can direct you to evacuate to a reception centre and stay there while a terrorist emergency is activeClauses 35, 41, 45 (new s 8GA, 8M, 8PC)The TERC commander may declare evacuation areas (including reception centres, routes and vehicles), and officers may direct persons to go to and stay in a declared evacuation area.

Justice & Rights

•Police can get a Preventative Detention Order against a terrorism suspect even if they don't know the person's real name, using a photo or descriptionClauses 62, 63Initial and final Preventative Detention Orders can be made where the applicant does not know the name of the person, using part of the name, an alias, nickname, physical description or photograph sufficient to identify the person.
•You can be told not to tell anyone that police asked you for information, and face jail if you doClause 28 (new s 8AI, 8AJ)During a declared emergency it is an offence to disclose to an unauthorised person the fact that an information requirement was made or the nature of the information sought, with up to 1 year's imprisonment (10 years in aggravated cases).
•If forced to give information you're protected from being sued, prosecuted or disciplined for it, and you can ask to have a lawyer told so you can get legal adviceClause 28 (new s 8AL, 8AQ)A person acting honestly and without negligence is not civilly, criminally or administratively liable for giving information, and may request that a disclosure notice be given to a lawyer to seek legal advice.
•Urgent applications for terrorism detention orders can now be made orally by phone, email or radio without a written applicationClause 68 (new s 79, 79A)A police officer may apply orally in urgent circumstances without preparing the written application otherwise required under section 15, provided they state each matter that would have been in writing.

Government & Elections

•Emergency commanders can now order other government agencies around during a terrorist emergency without first consulting them, if the matter is urgentClause 46The government agency must be consulted before the direction is given, unless it is not practicable because compliance is required urgently or is necessary for the safety of the officer or someone else.
•ASIO and ASIS can now get fake birth certificates from the Queensland Supreme Court for assumed identities, not just law-enforcement bodiesClause 15The chief executive officer of a Commonwealth intelligence agency may apply to the Supreme Court of Queensland for an order authorising the creation of a birth certificate for an assumed identity under Part IAC of the Crimes Act 1914 (Cth).
•Prisons can use biometric systems (eye, voice, vein and fingerprint scans) to identify prisoners and visitorsClauses 3, 11, 12Clarifies that corrective services officers may collect and store biometric information of prisoners and visitors, including through an electronic biometric identification system.

Bill Journey

Introduced19 Apr 2016

First Reading

Committee

Committee Report12 July 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent29 Aug 2016

Referenced Entities

Sectors Affected

Disaster Management Corrective Services Criminal Law Policing

Classified using AGIFT/ANZSIC Australian government standards