Report into counter-terrorism legislation welcomed

Attorney-General, Robert Clark, has welcomed the Report from the Victorian Review of Counter-Terrorism Legislation, tabled in Victorian Parliament today.

Mr Clark said the Victorian Coalition Government has supported or supported in principle 12 of the committee’s 13 recommendations.

“The report identifies several areas where definitions should be clarified and amendments made to ensure authorities have appropriate powers to investigate and, where necessary, detain suspects,” Mr Clark said.

The report examines a range of elements of the Terrorism (Community Protection) Act 2003  including the definition of terrorist acts, preventative detention orders and provisions of the Act in relation to the Charter of Human Rights and Responsibilities Act 2006.

Recommendations supported or supported in principle include those in respect of:

• amending the definition of a terrorist act to be more consistent  with the Commonwealth;
• enabling covert search warrants to authorise remote access of data held on target computers;
• making clear that covert search warrants can authorise searches of vehicles, vessels and aircraft; and
• enabling preventative detention orders to be sought in respect to any imminent threat rather than being limited to threats expected within a 14-day period.

The Government does not support a recommendation proposing that occupiers be given delayed notice after the event that a covert search has been conducted of their property using  a covert search warrant. The Government has considered views on this issue from Victoria Police and the Australian Federal Police, which have both expressed concern that such notifications could potentially jeopardise ongoing investigations.

The Government thanked the Committee chaired by former County Court Judge David Jones AM, Lieutenant General Mark Evans AO DSC (retired) and former Deputy Commissioner of Police Kieran Walshe APM.

The full report and Victorian Government response are available on the Department of Justice website: www.justice.vic.gov.au/ctreview.