The Albanese government will try to block legal challenges by people charged after an elaborate Australian federal police sting using the encrypted An0m application.
The attorney general, Mark Dreyfus, introduced laws to prevent any legal challenge to Operation Ironside on Thursday, despite special leave already being granted to the high court for an appeal by people charged in South Australia as a result of the sting.
The surveillance legislation (confirmation of application) bill will “clarify” that information or a record obtained under 10 specified warrants issued to the AFP was not intercepted while passing over a telecommunications system and was lawfully obtained under those warrants.
That addresses a key legal challenge to whether the evidence that resulted in charges against hundreds of people was lawfully obtained, the explanatory memorandum states.
The bill refers to 10 warrants specifically issued to the AFP between 2018 and 2021 for Operation Ironside. It will not apply to any other warrants.
Operation Ironside was regarded as one of the greatest law enforcement triumphs this century, with the AFP heavily involved in developing the covert investigation which ensnared 800 organised crime figures across the globe.
But the aftermath of the operation has been marked by questions about its legality.
“Challenges to evidence obtained from AN0M have arisen in several proceedings and may continue to be raised in future proceedings,” the explanatory memorandum said.
“The bill would not alter the existing law, or the operation of the SD [Surveillance Devices] Act, Crimes Act or TIA [Telecommunications Interception and Access] Act, and so would not alter the circumstances in which the AFP or other agencies may collect information using powers provided for by those acts.
“Rather, the bill would clarify that information or records obtained by the AFP under relevant warrants was obtained in a manner that was consistent with the Parliament’s intent.”
The bill is aimed at adopting the same position as the South Australian supreme court and court of appeal, although it is the decision of the latter of those courts that will be heard in the high court.
Guardian Australia understands Bret Walker SC, one of the country’s most prominent silks, has been briefed to appear in that case. He could not be contacted for comment.
Craig Caldicott, an experienced Adelaide lawyer who represented several people charged with offences after Operation Ironside, said he was concerned the bill was unconstitutional and questioned its timing.
“There’s been people held in prison for the past four years, why have they just decided to do this now?” he said.
Dreyfus said in his second reading speech last night that the bill was “targeted in its scope and designed only to respond to challenges from defendants in prosecutions arising from Operation Ironside”.
