Conclusion

4.251  The ALRC concludes that the following Commonwealth laws should be further reviewed to determine whether they unjustifiably limit freedom of speech:

• Pt IIA of the RDA, in conjunction with consideration of anti-vilification laws more generally.

• Legislative provisions that protect the processes of tribunals, commissions of inquiry and regulators, for example s 170 of the Veterans’ Entitlements Act.

• Secrecy offences, including the general secrecy offences in ss 70 and 79 of the Crimes Act.

• Criminal Code s 80.2C (advocating terrorism), ss 102.1, 102.3, 102.5, 102.7 (prescribed terrorist organisations) and s 105.41 (preventative detention orders). These provisions are subject to review by INSLM and the Intelligence Committee as part of their ongoing roles.

• Section s 35P of the ASIO Act (special intelligence operations). This provision is also subject to review by INSLM and the Intelligence Committee as part of their ongoing roles.