1003CCJ Law, Government & Justice: Law Reform Report on Terrorism

This report provides an in-depth analysis of the Counter-Terrorism Legislation Amendment Bill 2019 introduced by the Morrison government. It examines the bill's amendments to the Crimes Act 1914, focusing on sections related to bail, parole, and continuing detention orders. The report details the legislative process, including the bill's introduction, readings, and referral to the Parliamentary Joint Committee on Intelligence and Security (PJCIS). It explores the PJCIS's review, including any issues raised and recommendations made, as well as the concerns of legal scholars regarding human rights. The report also evaluates the government's rationale for the bill, its impact on individual rights versus community safety, and the balance struck between these competing interests, providing a comprehensive overview of the legal and political context surrounding the bill.

Running head: CIVIL LAW
Civil Law
Name of the Student
Name of the University
Author Note

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1.) What was the name of the Bill?
The name of the bill that has been introduced by the Morrison government is the Counter-
Terrorism Legislation Amendment Bill 2019 (www.aph.gov.au, 2019).
2.) What existing legislation, and what specific sections of the legislation does the bill
intend to amend? In your own words, what are the sections about?
The Counter-Terrorism Legislation Amendment Bill 2019 has been intended to make
amendments with respect to the Crimes Act 1914. The first provision that the bills has been introduced
amend is the provision contained in s 15AA of the Crimes Act 1914. These provisions speaks about the
provisions regarding bail and parole. This section provides for the grounds under which bail would not be
made available to certain offenders. It also provides rules that needs to be followed for the fixing of
parole periods relating to the children under 18 years. Again, it has been concerned with the amendment
to be carried out for the purpose of altering the continuing order for detention scheme that has been
provided for in division 105A pertaining to the Commonwealth Criminal Code. The provisions contained
under this division has been concerned with the continuing detention orders that has been extended
towards the offenders relating to terrorism posing a risk of the commission of serious offences when are
allowed to interact with the society, which are of unacceptable essence (Fenwick & Fenwick, 2019).
3.) When was the Bill first introduced? What is the next step in the approval of the
bill?
The bill has been introduced for the first time on the date of 20th February in 2019 for the first
reading of the bill. In this step, the text of the bill is required to be introduced in the parliament for the
first time. The second reading has been carried out on 20th of February only and has lapsed at dissolution
on 11th of April. The next step that is required to be followed is the third reading. At this stage the bill

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would be subjected to certain amendments by the house that has passed the same, and eventually would
be presented to the other house for consideration.
4.) What is the normal flow of the legislative process, namely what is the normal
process of a passing of a bill?
For the purpose of creating of new legislation or bringing alterations to an existing legislation
there are certain steps to be followed by the government introducing the proposed legislation. The
introduction needs to be made by introducing a bill in the parliament. Such a bill is required to be passed
by majority vote within the House of Representatives and the Senate. In this process, the first step taken is
the introduction of the bill in the House of Representatives for a first reading. Afterwards the debates on
the provisions of the bill is required to be carried out in a second reading. The voting process in this house
is required to be carried out in the third reading. The decision of the majority is required to be carried
forward to the House of Senate. The bill is introduced in this house by way of a first reading. All the
provisions are debated in the second reading by this house. Similarly, third wedding is required to be
carried out which contains the procedure of voting on the several points arising out of the bill. Afterwards
the bill is required to be passed after the availing of royal assent given by governor general and has the
effect of creating an Act of Parliament.
5.) Which Minister was responsible for introducing the Bill in the House of
Representatives (name and ministerial portfolio)? What is his/her current
position in government?
Scott John Morrison has been responsible for the purpose of introducing the bill in the
House of Representatives. He is currently holding the position of the prime minister in
the government.
6.) What reasons did the government give for introducing the Bill?

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The Counter-Terrorism Legislation Amendment Bill 2019 has been introduced for the purpose of
introducing amendments that has been made for the purpose of strengthening the framework of the
legislation that has been prevailing in Australia for the purpose of regulating the counter-terrorism
activities. The bill has been intended to effect a twofold area. Firstly, it strives to deal with the
restrictions upon the parole and bail and carry out amendments in the Crimes Act 1914 to that effect.
Secondly, it has been concerned with the amendment to be carried out for the purpose of altering the
continuing order for detention scheme that has been provided for in division 105A pertaining to the
Commonwealth Criminal Code. The provisions contained under this division has been concerned
with the continuing detention orders that has been extended towards the offenders relating to
terrorism posing a risk of the commission of serious offences when are allowed to interact with the
society, which are of unacceptable essence (Stoughton, 2019).
7.) When was it referred to the Parliamentary Joint Committee on Intelligence and
Security (PJCIS)?
The Counter-Terrorism Legislation Amendment Bill 2019 has been referred to the Parliamentary
Joint Committee on Intelligence and Security (PJCIS) on 20th as well as 21st of February 2019.
8.) Were there any issues brought up by the PJCIS? If none, based on what
rhetoric? If yes, what were these issues?
There has been a review that has been carried out by the PJCIS that has been regarding the issues that
might be considered prior to the consideration of the amendments that has been proposed by the Bill.
The Counter-Terrorism Legislation Amendment Bill 2019 has been introduced for the purpose of
introducing amendments that has been made for the purpose of strengthening the framework of the
legislation that has been prevailing in Australia for the purpose of regulating the counter-terrorism
activities. The bill has been intended to effect a twofold area. Firstly, it strives to deal with the
restrictions upon the parole and bail and carry out amendments in the Crimes Act 1914 to that effect.

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Secondly, it has been concerned with the amendment to be carried out for the purpose of altering the
continuing order for detention scheme that has been provided for in division 105A pertaining to the
Commonwealth Criminal Code. The provisions contained under this division has been concerned
with the continuing detention orders that has been extended towards the offenders relating to
terrorism posing a risk of the commission of serious offences when are allowed to interact with the
society, which are of unacceptable essence. In this regard, it can be stated that the committee has
accepted the acceptance of all the transcript and submissions in review.
9.) What were the recommendation/s made by the PJCIS?
The Counter-Terrorism Legislation Amendment Bill 2019 has been introduced for the purpose of
introducing amendments that has been made for the purpose of strengthening the framework of the
legislation that has been prevailing in Australia for the purpose of regulating the counter-terrorism
activities. The bill has been intended to effect a twofold area. Firstly, it strives to deal with the restrictions
upon the parole and bail and carry out amendments in the Crimes Act 1914 to that effect. Secondly, it has
been concerned with the amendment to be carried out for the purpose of altering the continuing order for
detention scheme that has been provided for in division 105A pertaining to the Commonwealth Criminal
Code. The provisions contained under this division has been concerned with the continuing detention
orders that has been extended towards the offenders relating to terrorism posing a risk of the commission
of serious offences when are allowed to interact with the society, which are of unacceptable essence. The
PJCIS has been concerned with the recommendation that the bill needs to be harmonized with the human
rights recommendations and legislations that has been prevailing for the purpose of non-violation of the
humanity.
10.) Does the PJCIS support the bill?

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PJCIS supports the bill but has been concerned with the harmonization of the bill with the
provisions of the human rights that has been prevailing in the country. The PJCIS has been concerned
with the recommendation that the bill needs to be harmonized with the human rights recommendations
and legislations that has been prevailing for the purpose of non-violation of the humanity (Zedner, 2019).
11.) Who wrote submissions to the PJCIS inquiry?
The submissions to the PJCIS inquiry has been written and by the secretariat of the
committee.
12.) Summarise the concerns raised by Dr Rebecca Ananian-Welsh (Senior Lecturer
in Law, University of QLD), Dr Tamara Tulich (Senior Lecturer in Law,
University of WA), Dr Nicola McGarrity (Senior Lecturer in Law, University of
NSW), Professor George Williams AO (Dean, Faculty of Law, University of
NSW)
The concerns that has been raised by the Dr Rebecca Ananian-Welsh (Senior Lecturer in Law, University
of QLD), Dr Tamara Tulich (Senior Lecturer in Law, University of WA), Dr Nicola McGarrity (Senior
Lecturer in Law, University of NSW), Professor George Williams AO (Dean, Faculty of Law, University
of NSW) was the viability of the amendments under the provisions relating to the human rights law. It
also has been posed with the concern of probable threats that the amendments has the potential to present
to the society (www.aph.gov.au, 2019).
13.) Do you think the federal government struck the right balance between the need to
protect the community and the need to protect individual rights?
Yes, there has been a right balance between the need to protect the community and the need to
protect individual rights struck by the federal government. All these has been extended towards the
society for the purpose of ensuring the safety of the potential offenders under the existing provisions that

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has been suggested to be eradicated and amended by the introduction of the present bill
(www.aph.gov.au, 2019).

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Reference
Fenwick, H., & Fenwick, D. (2019). National Counter-Terrorism (CT) Policies and Challenges to Human
Rights and Civil Liberties: Case Study of United Kingdom: Developing a Multifaceted
Preventive Counter-Terror Response in the UK. International Human Rights and Counter-
Terrorism, 1-41.
Stoughton, C. (2019). Free Expression, Pre‐Crime and Counter‐Terrorism Legislation. The Political
Quarterly.
www.aph.gov.au. (2019). Review of the Counter-Terrorism Legislation Amendment Bill 2019 –
Parliament of Australia. Retrieved 30 August 2019, from
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/
CTLABill2019
Zedner, L. (2019). The Hostile Border: Crimmigration, Counter-Terrorism, or Crossing the Line on
Rights?. New Criminal Law Review: An International and Interdisciplinary Journal, 22(3), 318-
345.