COMMITTEES

Senator DEAN SMITH (Western Australia) (16:27): I present Scrutiny digest 10 of 2026 of the Standing Committee for the Scrutiny of Bills, together with ministerial correspondence received by the committee. I move: That the Senate take note of the report. As Chair of the Senate Standing Committee for the Scrutiny of Bills, I rise to speak to the tabling of the committee's Scrutiny digest 10 of 2026.

The digest contains the committee's consideration of 13 bills introduced during the period of 11 August to 13 August 2026. The committee has also concluded its consideration of one previously introduced bill. I wish to draw senators' attention to the committee's consistent scrutiny concerns relating to coercive powers.

The committee draws attention to this matter under Senate standing order 24(1)(a)(i), which requires the committee to scrutinise whether bills unduly trespass on personal liberties and rights. The committee's consideration of the Counter-Terrorism Legislation Amendment Bill 2026 demonstrates the relevance of such concerns. The bill would extend by three years significant counterterrorism measures in the Criminal Code Act 1995 that are due to sunset on 7 December 2026.

These measures include powers that authorise a police officer to stop, question and search a person or seize items in a Commonwealth place or prescribed security zone without a warrant. The bill would also extend the operation of the control order regime under which a court may impose conditions on, or restrict the activities of, a person without charge. The committee has a well-established history of questioning the repeated extension of these measures since their enactment in 2005.

The committee has once again requested advice about the appropriateness of the deferral of sunsetting in this instance. The bill would also repeal provisions in the Criminal Code that limit control orders imposed on children aged 14 to 17 years to three months. This amendment would extend the maximum duration of control orders for children within this age group from three to 12 months, in line with adults.

The committee has noted that a robust assessment of any anticipated detriment that may be caused to children should be addressed in an explanatory memorandum and has sought further information from the minister. Finally, the bill would seek to expand monitoring and surveillance powers to the Surveillance Devices Act 2004 and the Telecommunications (Interception and Access) Act 1979 when consideration is being given to seek a control order against a serious terrorist offender.

These powers may only be exercised under a warrant that is issued by a judicial officer or certain members of the Administrative Review Tribunal. The committee has reiterated its consistent position that warrants or orders authorising the use of coercive powers should be issued only by judicial officers and has drawn this matter to the attention of senators. Where a bill would confer coercive powers such as those proposed in the Counter-Terrorism Legislation Amendment Bill 2026, the committee expects the explanatory memorandum to set out why those powers are appropriate, the safeguards that exist and whether the approach taken is consistent with the Guide to framing Commonwealth offences, infringement notices and enforcement powers as published by the Attorney-General's Department.

The committee considers it essential that coercive powers be tightly controlled with sufficient safeguards to protect individual rights and liberties. With these comments, I commend the committee's Scrutiny digest 10 of 2026 to senators. I seek leave to continue my remarks later.

Leave granted; debate adjourned.