Submission to the Independent National Security Legislation Monitor - October 2012

NSWCCL has made a Submission to the Independent National Security Legislation Monitor

Questions addressed include:

  1. Is the last resort requirement for a questioning warrant under the ASIO Act too demanding?
  2. Are the time limits (e.g. 7 days detention for 24 hours questioning) applicable to questioning warrants too long, too short or about right?
  3. Are the time limits for questioning warrants where interpreters have been used commensurate with the limits applying otherwise?
  4. Are there sufficient safeguards including judicial review in relation to the surrender or cancellation of passports, in connexion with questi oning warrants?
  5. Is the abrogation of privilege against self-incrimination under a questioning warrant sufficiently balanced by the use immunity?
  6. Do the conditions permitting use of lethal force in enforcing a warrant sufficiently clearly require reasonable apprehension of danger to life or limb?
  7. Are the three several conditions for issuing a questioning and detention warrant stringent enough?
  8. Should anything be done about doubtful aspects of the constitutional validity of control orders and preventative detention orders under the Criminal Code?

View the submission here