Thursday 24 September 2009

Have your say on Australia's anti-terrorism laws before 25th September 2009


Australian Greens MPs have written to Attorney-General Robert McClelland about the Rudd Government's intention to expand Australia's anti-terrorism laws:
Dear Attorney-General,

I welcome the opportunity to comment on proposed changes to Australia's anti-terrorism legislation in a public consultation process.

I am concerned, that detailed changes to our laws are being proposed before the government has provided the promised White Paper on terrorism, or before the Independent Reviewer of Terrorism Laws has begun their work.

I am particularly concerned about the proposal that the Australian Federal Police be permitted to enter premises without a warrant under emergency circumstances that are not clearly defined.

While Dr. Haneef Aside would have benefited from a 7 day cap on being held without a charge, I am concerned that there has been no demonstrated need for the proposed 7 day preventative detention period, and that setting such a maximum could be a licence to use it.

I am not convinced that the proposed redefinition of the act of terrorism is an improvement,, rather the proposal significantly widens the offence. You have departed significantly from the proposals put forward by the Sheller Committee. Your changes will make the legislation more complex, and simultaneously uncertain. Some legal practitioners have suggested that it will be unworkable.

I do not support the strengthening of the National Security Information Act, which allows for closed court proceedings, effectively locking lawyers out of the room, and for some evidence to be closed to the accused and their legal representatives. It also requires security clearances for lawyers which threatens the right to a fair trial and limits the pool of lawyers permitted to act in cases. Your proposed changes would contravene the separation of powers established by chapter three of the Constitution.

As Australia played an active role in establishing the terms of the so-called war on terror, Australia has a role in reformulating what a legitimate response to terrorism should look like. This import role cannot be undermined by unconsidered, ineffective reform.

The Greens also have an online petition which can be signed before 25 September 2009:

The Greens have been calling for review of our anti-terrorism laws since well before the Rudd government was elected. Rammed through our Parliament in 2005, the Howard-Ruddock anti-terrorism laws demand urgent review and overhaul rather than strengthening, because of how seriously they undermine our human and civil rights.

If you would like to sign this petition go here.

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