Annual Report on Counter-Terrorism Powers

Under the Criminal Code Act 1995 and the Crimes Act 1914, The Attorney-General, Minister responsible for the Australian Federal Police Minister (AFP Minister), is required to provide a report in respect of control orders, preventative detention orders, post sentence orders and powers in relation to terrorist acts and terrorism offences.

Control orders

The AFP Minister is required under section 104.29 of the Criminal Code Act 1995 (the Criminal Code) to provide a report of control orders during the year ending on 30 June.

Commonwealth Ombudsman Report – Monitoring of Part 5.3 supervisory orders

Under section 3ZZUB of the Crimes Act 1914 (the Crimes Act), the Commonwealth Ombudsman (the Ombudsman) may inspect records of the AFP to determine compliance with Part IAAB of the Crimes Act, relating to monitoring of compliance with control orders. Under section 3ZZUH of the Crimes Act, the Ombudsman must report to the AFP Minister the results of any such inspection.

Under Section 104.29(1)(i) of the Criminal Code, the Ombudsman’s report must be included in the report of control orders.

Preventative detention orders

The AFP Minister is required by section 105.47 of the Criminal Code to provide a report of preventative detention orders during the year ending on 30 June.

Post sentence orders

The AFP Minister is required under section 105A.22 of the Criminal Code to provide a report of continuing detention orders and extended supervision orders during the year ending on 30 June.

Powers in relation to terrorist acts and terrorism offences

The AFP Minister is required under section 3UJB of the Crimes Act to provide a report of powers under Division 3A of Part IAA of the Crimes Act, in relation to terrorist acts and terrorism offences during the year ending on 30 June.