AUSTRALIA MAY REMOVE REVIEWER OF TERRORISM LAWS

Like the UK, Australia has an independent reviewer of legislation relating to terrorism, including asset freezing / sanctions provisions. Like the UK’s Independent Reviewer of Terrorism Legislation, the Australian Independent National Security Legislation Monitor reviews the use, effectiveness and proportionality of laws relating to national security and terrorism.

The Monitor (currently Bret Walker SC) was established in 2010 by the Labour government in Australia.  The Monitor’s most recent annual report provides a detailed overview of Australian sanctions legislation, and questions aspects of the efficacy of terrorist financing laws and the way in which terrorist organisations are proscribed in Australia.  The Abbott government has now proposed its abolition on the grounds that all relevant legislation has already been reviewed (although the Monitor’s statutory duties are to review on an ongoing basis whether Australian legislation remains proportionate to the threat of terrorism / national security). The Australian Green party opposes the abolition.

David Anderson’s paper explaining the history and functions of the UK’s Independent Reviewer of Terrorism Legislation is here.  We have previously reported on his recommendations, and on the UK Government’s responses.

This entry was posted in Australia, Terrorist Sanctions by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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