The Parliamentary Joint Committee has been re-established in November 2004 under the Intelligence Services Act 2001, for the review on Australian Security and Intelligence Organisation (ASIO), Australian Secret Intelligence Service (ASIS) and Defence Signals Directorate (DSD). An inquiry was held into the effect and operation of the new ASIO law from 17 December 2004 to 24 March 2005. After the review, the committee will summit a report to the Head of Parliament and the Attorney-General.

The committee will start reviewing other anti-terrorism laws, such as Security Legislation Amendment (Terrorism) Act 2002 and Suppression of the Financing of Terrorism Act 2002, after 6 July 2005.

Some concerns of the civil groups and the opposition are included in the review: the provisions conferring upon ASIO the power to compulsory questioning and detaining persons suspected of having information related to a terrorism offence; all other key pieces of anti-terrorism legislation; and the provisions allowing the proscription of terrorist organizations under the Criminal Code.

To show concern, Australian residents can make submission to pjcaad@aph.gov.au during the inquiry. Others are also encouraged to send letter of concern to the authority. For more updated information about the Committee's activities, please go to http://www.aph.gov.au/house/committee/pjcaad/asio_ques_detention/index.htm.

Hotline Asia has been following the development of this Anti-terrorism legislation in Australia since its proposal in 2002. For further details and past development, please refer to SUA020328(6) and related updates.

Source:
Civil Rights Network

Attorney-General Philip Ruddock is planning again to push through three security bills which have been delayed in the last Parliament in June.

These bills have specific measures that will allow regulation of new surveillance technologies, give access to stored communications (eg. email and sms messages) and create new secrecy provisions for terror-related court hearings.

In addition, it was reported that Attorney Ruddock has not ruled out the re-introduction of controversial powers by the Senate to detail and strip search children as young as 12 years old to ensure that "powers are adequate for the inquiries we are pursuing" and granting new powers to the Australian Security and Intelligence Organisation to pursue terrorists.

Mr Ruddock expects the measures to be passed without further delay as they had already been reviewed by a Senate committee. Otherwise, the government will wait until July 2005 when it has a majority in the Senate.

Hotline Asia has been following up the development of this Anti-terrorism legislation in Australia since its proposal in March 2002. Concerns for the enactment of the anti-terrorism laws include: potential misuse especially on minorities, and breach of international human rights obligations (particularly Civil and Political and Rights of the Child) and its bypass of the criminal justice system. Further details and past development, please refer to SUA020328(6) and subsequent updates.

Source:
Sydney Morning Herald
Civil Rights Network

Further to the proposals on anti-terrorism laws approved by cabinet in March 2004, the Government introduced another piece of 'anti-terrorism' legislation into Parliament on 18 June 2004, including increased powers given to authorities and introducing new offence to those who have association with individuals linked with terrorist organizations. It would also intrude into the privacy of citizen by allowing investigators to access the National Criminal Investigation DNA database. For these proposals, only 2 weeks were given for the local people to respond.

Since March 2001, the Australian government introduced 6 new anti-terrorist laws to the Federal Parliament. SUA020328(6) was issued to support the call of local groups for a more adequate time frame for submissions to the two Senate inquiries. Some concerns of the civil groups and the opposition were: its threat to common law standards and fundamental rights, possible detention of people as young as 14 years of age and limitation on the accused people's access to and communication with a lawyer. After many amendments, the laws were eventually enacted in June 2003

Source:
Civil Rights Network Campaign http://www.civilrightsnetwork.org/

In March 2002, Hotline-Asia issued an urgent appeal SUA020328(6) to call for an extension of time for public hearing on anti-terrorism bills. The first set of laws was passed with a number of amendments in March 2002, after a Senate inquiry. The second set, which included the ASIO (terrorism) Bill, was also subject to a Senate inquiry but after many amendments, then eventually enacted in June 2003.

On 30 March 2004, the Government was scheduled to vote on a number of terrorists laws which have been approved by cabinet. These include giving state police powers to detain suspected terrorists for 24 hours; making it an offence to train with a terrorist organization and; banning people to profit by writing books about their experiences in training with terrorist organizations.

The Democrats' justice spokesman, Brian Greig, commented the last proposed item could have unintended consequences and could apply, for example, to Nelson Mandela's memoirs. Civil liberties groups said such a move was excessive.

In addition, the Attorney General Ruddock had proposed radical new terror laws that threaten civil rights. These include:

• Surveillance without warrant.
• Friends, family members, casual acquaintances of someone labelled a terrorist could face charges of consorting with terrorists. Consorting laws have a long history of abuse by police and have been phased out. This is a fundamental attack on principles of the criminal law which require evidence of wrong doing before someone can face charges and be convicted.
• Detention of non-citizens labelled as terrorist suspects indefinitely without trial.

The Prime Minister, John Howard reiterated there will be budgetary measures to support enforcement agencies, including Australian Federal Police.

Source:
www.civilrightsnetwork.org.,
"Terror Laws: A list for info and action on the proposed terrorism laws in Australia."

The Australian government first introduced 6 new anti-terrorist laws to the Federal Parliament in March 2001. The first set of laws was passed with a number of amendments in March 2002, after a Senate inquiry. The second set, which included the ASIO (terrorism), Bill, was also subject to a Senate inquiry but after many amendments, then eventually enacted in June 2003. Hotline issued SUA020328(6) to support the call of local groups for a more adequate time frame for submissions to the two Senate inquiries.

Plans to strengthen the ASIO (Antiterrorism) Bill have recently re-emerged.

A proposed new ASIO Bill is currently being rushed through the Federal Parliament.  Local Church, community and human rights groups say that it threatens to make it virtually impossible for the general community to monitor the use of the security legislation by the Australian Security Intelligence Organization (ASIO).

Provisions that deny interviewees the right to talk to their friends and family about their interrogation by ASIO means those ASIO activities will be completely shrouded in a cloak of secrecy.  Journalists,  doctors,  lawyers, friends  and  family members would all be prevented  from  speaking  out about any knowledge they may have of ASIO's activities  for  a  full  two years  after  someone  has  been detained or questioned.

Local groups are concerned that this ASIO Bill may breach the International Covenant on Civil and Political Rights as it discriminates against people from non-English speaking backgrounds who are most likely to be targeted by ASIO.  They are calling on the Senate (upper house of the Federal Parliament) to ensure that the Bill is not rushed through Parliament in the current sitting, but is referred to a Senate Committee for adequate review and public consultation.  The Greens, a minor political party, have raised a motion in the Senate to refer the Bill to the Senate Legal and Constitutional References Committee.

You can help by contacting the following politicians to put pressure on both the Australian Labor Party (the major opposition party) and the Democrats to support the Greens motion:
M.Latham.MP@aph.gov.au (ALP)
R.McClelland@aph.gov.au (ALP)
senator.faulkner@aph.gov.au (ALP)
senator.bartlett@aph.gov.au (Dems)
senator.greig@aph.gov.au (Dems)

Sources:
Australian Catholic Social Justice Council; Federation of Community Legal
Centres
TerrorLaws - A list for information and action on the proposed terrorism
laws in Australia

31 July 2003
Security Bill Passed in Parliament

On 26 June 2003, Federal Parliament passed the Australian Security and Intelligence Organisation (Terrorism) Bill. The authorities can now detain people without charge for up to 7 days for interrogation and children as young as 16 can be removed from their homes for questioning (raising issues of Australia's compliance with the Convention on the Rights of the Child). People can now be detained not because they are suspected of having committed a crime, but because they 'might' have information of value to the Australian Security and Intelligence Organization (ASIO). Opponents of the legislation criticize the lack of a right to remain silent: people refusing to answer questions face penalties of up to 5 years imprisonment. The burden of proof is placed on the suspect. People can nominate a preferred lawyer but ASIO has the power to veto the person's choice.

The minor political parties opposed the enactment of this legislation and the opposition Australian Labor Party (ALP), whose votes enabled the passage of the Bill is now promising to repeal it if the ALP wins the next Federal Election. The Australian Catholic Social Justice Council (ACSJC) has argued strongly against this legislation over the past two years. Their concerns include the likely treatment of vulnerable groups such as young people and cultural minorities, and the threat to common law standards and fundamental rights such as freedom from arbitrary detention or interference, a fair hearing on a criminal charge with proper defence, and the presumption of innocence.

As the new laws must be reviewed under a three-year sunset clause, and a Parliamentary review undertaken after 30 months, the ACSJC urges citizens and community leaders to remain alert to its implementation.

The Australian government first introduced 6 new anti-terrorist laws to the Federal Parliament in March 2001. The first set of laws was passed with a number of amendments in March 2002, after a Senate inquiry. The second set, which included the ASIO (terrorism) Bill, was also subject to a Senate inquiry but after many amendments, then eventually enacted in June 2003. Hotline issued SUA 020328(6) to support the call of local groups for a more adequate time frame for submissions to the two Senate inquiries. The number of delays in bringing the ASIO Bill back to the upper house for enactment reflects the success of local groups in lobbying for amendments.

Sources:
Australian Catholic Social Justice Council
TerrorLaws - A list for information and action on the proposed terrorism laws in Australia

Further information:
www.socialjustice.catholic.org.au/content/media_releases/2003_07_3_1057838399.html
www.socialjustice.catholic.org.au/content/media_releases/2003_06_12_1056417980.html
www.socialjustice.catholic.org.au/content/media_releases/2002_12_10_1039736144.html
www.humanrights.gov.au/human_rights/terrorism_sub/asio_asis_dsd.html

The proposed anti-terrorism legislation in Australia was defeated when the Government would not accept the Australian Labour Party? proposed changes to the bill, during the marathon sitting of Parliament, of over 30 hours, on the last day of Parliament in December 2002. The Government appears determined to pass its legislation without any substantial amendments. The Senate's rejection of the bill meant the bill, which destroys fundamental civil and political rights, can not be passed until February.

The delay in this bill allows a brief extension of time to urge political leaders to prevent this legislation from being passed. Legal academics, Church and community groups continue to campaign for the complete rejection of these laws. Minor opposition parties such as the Australian Greens and the Democrats are also opposing the bill.

The Government's and Australian Labor Party's versions of the bill are both dangerous and unsupportable. Those opposing the bill are urging people to write to Prime Minister John Howard and leader of the Australian Labour Party, Simon Crean to raise their concerns over the ASIO Bill.

Local civil rights groups have the following concerns about the proposed legislation:

• its bypass of the criminal justice system
• it allows the detention of a person for up to seven days without charge
• it removes the individual's right to silence
• it undermines the presumption of innocence
• it allows detention of people as young as 14 years of age
• it limits the accused's access to and communication with a lawyer

Useful addresses:

Prime Minister John Howard
Canberra Tel: (02) 6277 7700 Fax: (02) 6273 4100
Electorate Tel: (02) 9251 5454 Fax: (02) 9251 5711
Email: go to webpage http://www.pm.gov.au/your_feedback/feedback.htm

Simon Crean, Leader of the Opposition
Canberra Tel: (02) 6277 4022 Fax: (02) 6277 8495
Electorate Tel: (03) 9545 6299 Fax: (03) 9545 6211
Email: S.Crean.MP@aph.gov.au

You can write to both c/o Parliament House, Canberra, ACT 2600, Australia.

Source:
Australian Catholic Social Justice Council