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representatives vote 2019-07-30#3
Edited by
mackay staff
on
2019-08-22 12:39:33
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Title
Bills — Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019; Consideration in Detail- Australian Security Intelligence Organisation Amendment (Sunsetting of Special Powers Relating to Terrorism Offences) Bill 2019 - Consideration in Detail - Sunset clauses
Description
<p class="speaker">Mark Dreyfus</p><p>I move the opposition amendment circulated in my name:</p><p class="italic">(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:</p>- The majority voted against an [amendment](https://www.openaustralia.org.au/debates/?id=2019-07-30.118.1) introduced by MP for Isaacs [Mark Dreyfus](https://theyvoteforyou.org.au/people/representatives/isaacs/mark_dreyfus), which means it failed.
- Mr Dreyfus [explained his amendment](https://www.openaustralia.org.au/debates/?id=2019-07-30.118.1) as:
- > *a very simple amendment. The effect of it would be to extend the sunset date for the questioning warrant power until 7 December 2019 and to retain the existing sunset date for the questioning and detention warrant power of 7 September 2019. That's the power that's never been used.*
- ### What does the bill do?
- This bill was introduced to extend the operation of certain special powers relating to suspected terrorism offences to 7 September 2020. Currently, those powers are due to sunset (that is, stop being part of our law) on 7 September 2019.
- ### What are the special powers?
- The special powers extended by this bill are the power to issue questioning warrants (QWs) and questioning and detention warrants (QDWs) in relation to suspected terrorism offences. They are extraordinary because they can be issued in relation to someone even though they are not suspected of, or charged with, any offence. In other words, these warrants are an intelligence-gathering and preventative power. Someone might be subject to these warrants because they can provide information about a potential terrorism offence and they may be detained in order to prevent them from damaging evidence or alerting someone involved in a terrorism offence that their actions are being investigated.
- These powers have been extended several times since they were first introduced in 2002. More information is available in the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd004).
<p class="italic">1 Section 34ZZ</p><p class="italic">Repeal the section, substitute:</p><p class="italic">34ZZ Cessation of effect of Division</p><p class="italic">(1) This Division (apart from Subdivision C of this Division) ceases to have effect on 7 December 2019.</p><p class="italic">(2) Subdivision C of this Division ceases to have effect on 7 September 2019.</p><p>It's a very simple amendment. The effect of it would be to extend the sunset date for the questioning warrant power until 7 December 2019 and to retain the existing sunset date for the questioning and detention warrant power of 7 September 2019. That's the power that's never been used.</p> <p class="speaker">Tony Smith</p><p>The question is that the amendment moved by the member for Isaacs be agreed to.</p>
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