The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has today tabled its report for its review into the operation, effectiveness and implications of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019.
The Counter-Terrorism (Temporary Exclusion Orders) Act 2019 established the TEO Regime, with:
- ‘temporary exclusion orders’ (TEOs) to prevent the return of individuals to Australia without a return permit; and
- ‘return permits’ to enable pre-entry and post-entry conditions to be imposed on returning individuals.
The Committee found that the TEO Regime is operating as expected and is operationally effective, but the Committee made six recommendations to ensure that the TEO Regime will continue to work as needed to protect Australia’s national security.
The recommendations include:
- that the Australian Government consider the decisions of the High Court in current relevant cases related to the counter-terrorism legislative framework and any associated impacts on the Temporary Exclusion Order regime;
- that the Act be amended so that an assessment made by ASIO under paragraph 10(2)(b) of the Act, or the grounds upon which such an assessment was made, must be provided to the Minister.
- in the event that personal service is not possible because it is not safe or practicable, the Committee recommends that the Act be amended so that return permits can be served via alternative means (including email or text message).
Chair of the Committee Mr Peter Khalil MP said “the TEO Regime strikes the right balance between the right of return for Australian citizens and national security, particularly the safety of the Australian community. The amendments recommended by the Committee will ensure the TEO Regime remains fit for purpose for the future.”
Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website.
