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Statutes Amendment (Terror Suspect Detention) Bill
November 29, 2017
Adjourned debate on second reading.
(Continued from 16 November 2017.)
The Hon. J.A. DARLEY (11:40): I rise to indicate Advance SA's support for this bill. In a nutshell, the bill will see those who have been charged with a terrorism offence have bail or parole presumed against them unless they can provide a compelling reason for why they should be bailed or paroled. The bill also provides mechanisms for a terrorism notification to be made against an individual, in which case bail or parole will also be presumed against them. This is the government's response to protecting the community from terror suspects. It is unfortunate that we live in a day and age where this is necessary; nonetheless, it is necessary and I support these measures.
With regard to terrorism notifications, I have a question as to what stage people are advised that a notification is being made against them. I understand it will not be a matter of course that people will be told when a terror notification is made against them. I am not suggesting that this should be the case; I can see that this would, in fact, be counter-productive for intelligence-gathering purposes. However, if a person has had notification made against them, and is arrested for an unrelated offence—say, armed robbery—they will have bail presumed against them and they will not know why.
Similarly, if a terrorism notification is being made against a person who is already incarcerated, their application for parole will be kiboshed for reasons they are not aware of. I would appreciate the government advising whether people in these and similar circumstances will be told or otherwise made aware of the terrorism notification made against them.