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Posts tagged national security
Independent review of the Australian Criminal Intelligence Commission and associated Commonwealth law enforcement arrangements

By Stephen Merchant, Greg Wilson

In 2023 the Government commissioned a ‘first principles’ independent review of the Australian Criminal Intelligence Commission (ACIC) and associated Commonwealth law enforcement arrangements.

The review assessed the effectiveness of the ACIC’s legislative framework and found that comprehensive reform was needed to ensure ACIC could operate effectively as Australia’s national criminal intelligence agency. The review recommended ACIC shift away from its existing law enforcement and investigative functions towards providing unique intelligence on serious and organised crime to Commonwealth, state and territory law enforcement agencies.

The independent review’s recommendations set out a blueprint to transform the ACIC in response to the significant and ongoing threat of serious and organised crime. The Government has agreed or agreed in-principle with 27 of the 29 recommendations - as set out in the government response.

Key recommendations

  • Undertake robust legislative reforms to address significant deficiencies in the existing legislative frameworks and ensure the ACIC has appropriate powers for the collection of intelligence.

  • Incorporate appropriate oversight and safeguards for the ACIC, including in relation to its use of coercive powers.

  • Reinvigorate national governance and coordination arrangements for responding to serious and organised crime.

  • Reinforce the independence of the Australian Institute of Criminology.

BARTON, ACT : Attorney-General's Department (Australia), 2024. 68p.

State of the Art: How Cultural Property Became a National-Security Priority

By Nikita Lalwani

For much of the twentieth century, the United States did little to help repatriate looted antiquities, thanks to a powerful coalition of art collectors, museums, and numismatists who preferred an unregulated art market. Today, however, the country treats the protection of cultural property as an important national-security issue. What changed? This Essay tells the story of how a confluence of events—including the high-profile destruction and looting of cultural property in Afghanistan and Iraq, as well as the revelation that looted antiquities were helping to bankroll terrorist organizations in the Middle East—convinced both Congress and the State Department to take the issue seriously. It then asks what this shift says about how the United States sets its policy agenda and reflects on how cultural property law should evolve from here.

Yale Law Journal, VOLUME 130, 2020-2021