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