Review of Divisions 104 and 105 of the Criminal Code (including the interoperability of Divisions 104 and 105A): Control orders and Preventative Detention orders

National security Terrorism Counter-terrorism Australia
Attachment Size
apo-nid116701.pdf 1.52 MB

This is one of three reports provided simultaneously to the Prime Minister as required by s 6(1B) of the INSLM Act. Each report concerns counter-terrorism legislation which, unless renewed, is due to expire by 7 September 2018.

The INSLM Act requires me to provide reports of these reviews by 7 September 2017 so that the PJCIS can undertake its own review of the same laws within six months (s 6(1B)).

Each report is self-contained, although there are some common chapters concerning the national security and counter-terrorism landscape, relevant human rights and other obligations and constitutional and inter-governmental arrangements.

My recommendations can only be fully understood by considering each report as a whole; however for the convenience of readers, I now provide a brief summary of my conclusions detailed in this report.

Division 104 of the Criminal Code concerns control orders. Division 105 concerns PDOs. Division 105A concerns CDOs: it was inserted by the HRTO Act and commenced on 7 June 2017.

To be clear, this review directly concerns divs 104 and 105 rather than div 105A. However, I have been asked to consider issues concerning the interoperability of divs 104 and 105A and have done so in the present review. The issues addressed in this report are detailed in table 1 in the next chapter (para 1.15), which outlines the scope of the present review.

The three divisions concern different matters and I deal with them separately.

Publication Details


Publication Year: