Supplementary submission: Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020
The Law Council of Australia appeared before the Parliamentary Joint Committee on Intelligence and Security in relation to a public hearing on 10 March 2021, as part of its review of the above Bill.
This supplementary submission addresses two matters that Law Council witnesses took on notice at the hearing, namely:
- Senator the Hon Kristina Keneally asked the Law Council about its recommendation to limit issuing authorities for the three new warrant types to superior court judges, and the basis for its concerns about the appointment of members of the Administrative Appeals Tribunal (AAT) as issuing authorities. The Law Council undertook to provide a reference to relevant publicly available information concerning data held by the AAT about the length of time spent by relevant AAT members in determining warrant applications; and
- during questioning by the Hon Mark Dreyfus QC MP, the Law Council offered to provide further information about international comparators with the proposed powers in the Bill, from among Australia’s counterparts in the Five Eyes alliance, concerning the existence and scope of powers, and authorisation requirements.
You can read the full submission below.