Friday 10 October 2014

It is time to be afraid, very afraid, in Abbott's Australia


There are realistic and credible circumstances in which it may be necessary to conduct coercive questioning of a person for the purposes of gathering intelligence about a terrorism offence….
The existence of other, less intrusive methods of obtaining the intelligence will continue to be a relevant but non-determinative consideration in decisions made under subsection 34D(4).
[Australian Security & Intelligence Organisation (ASIO), October 2014, submission to to Parliamentary Joint Committee on Intelligence and Security Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014]

ASIO detention powers should be repealed not extended. Detaining non-suspects for up to seven days, virtually incommunicado and without effective review at the time, removing the right to silence on penalty of imprisonment, and criminalizing any disclosure of detention, is excessive and disproportionate in view of existing powers, the level of terrorist threat, and the absence of any declared public emergency justifying derogation from protected human rights. The regime violates the freedom from arbitrary or unlawful detention under Article 9(1) of the ICCPR and the right to effective judicial review of detention under Article 9(4) of the ICCPR.
[Ben Saul, Professor of International Law (Syd Uni), 1 October 2014, submission to Parliamentary Joint Committee on Intelligence and Security Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014]

If you reveal it, you’re guilty. If it goes to court the question is whether a journalist revealed information, not whether they’re justified in revealing that information. 
[Professor George Williams, Director of Public Law, University of NSW, Statement to Media Watch re National Security Amendment Bill (No 1) 2014, 1st October, 2014]

Australia now stood alone as the only country in the world with the types of control order and preventative detention order the government wanted to keep, after Britain substantially amended its regime.
[Professor George Williams, The Guardian, 3 October 2014]

But the key provision is section 35P, which bans disclosure of any information that relates to a SPECIAL Intelligence Operation.
This ban applies to any person.
So journalists, whistleblowers, bloggers and even tweeters could all end up behind bars. 
[Paul Barry, ABC Media Watch, 6 October 2014, re National Security Amendment Bill (No 1) 2014]

[North Coast Voices, preview of An Untold Story insert which will be displayed every time this blog judges that Abbott Government laws make it unsafe to mention or debate an issue of importance]

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