Law Enforcement Powers of Commonwealth Agencies
In order to assist them in investigating and prosecuting breaches of Commonwealth law, agencies such as the Australian Federal Police are able to exercise considerable powers.
For example, under the Crimes Act 1914, police may be authorised to exercise powers of arrest, questioning, entry, search and seizure; powers to conduct controlled operations; and powers to take forensic samples.
Under the Telecommunications (Interception and Access) Act 1979, police may be authorised to intercept telephone calls, access stored communications, such as emails, or access call or web browsing records.
Under the Surveillance Devices Act 1984, police may be authorised to install listening or tracking devices.
The exercise of those powers adversely impacts on individual's privacy and liberty.
The Law Council supports measures to prevent, prosecute and punish criminal activity. However, the Law Council is of the view that such measure must be justified by, and proportionate to, the pursuit of a legitimate and clearly indentified objective.
For that reason the Law Council carefully monitors and frequently comments upon proposals:
- to expand law enforcement powers;
- to alter the threshold test which must be met before such powers may be exercised;
- to alter the circumstances in which external authorisation must be sought for the exercise of those powers; and
- to decrease or diminish external monitoring or supervision of the exercise of those powers.
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