Tuesday, December 06, 2005

AUSTRALIAN GOVT PASSES TOUGH NEW TERROR LAWS

Australia's parliament passed a tough new anti-terrorism package on Tuesday amid fears the laws will strip citizens of their civil rights and erode free speech.

The legislation, initiated after the July 7 London bombings, allow police to hold suspects without charge for seven days, keep tabs on them with electronic tracking devices and make support for insurgents in countries such as Iraq punishable by up to seven years in jail.

Prime Minister John Howard's conservative government used its one-seat majority in the upper house Senate -- the most powerful government mandate held in nearly 25 years -- to cut short debate and push through the package on Tuesday.

"These are powers and measures which are needed in the armoury for the fight against terrorism," Justice Minister Chris Ellison told the Senate.

The laws allow for the first time terror suspects to be detained without charge for up to 14 days as well as controls on their movement and communication for up to 12 months.

They also update sedition laws, give police tougher stop, search and seizure powers and allow greater use of security cameras.

Government amendments included giving more time for businesses to respond to anti-terror financing checks, enabling courts to consider a summary of grounds when deciding whether to issue the interim control order and greater access to lawyers for those facing preventative detention


While the Labor party broadly supported the package, Labor and minor opposition parties slammed Howard for ignoring recommendations from a Senate review committee that new sedition laws be dropped and a sunset clause cut from 10 years to five.

"Now John Howard has complete control in the Senate there is no check on his cynicism, there is no check on his arrogance -- hard won and much prized civil liberties will be the price," Labour Senator John Faulkner told the Senate.


The process by which the Government rammed the anti-terrorism legislation through the Senate today was practically 'seditious', according to the Australian Democrats' Senator For South Australia.


"The Government gagged and guillotined this debate, to the detriment of free speech and democracy," Democrats' Attorney-Generals Spokesperson Senator Natasha Stott Despoja said.

"This was arguably the most significant piece of legislation the Senate has dealt with in the last decade. Yet, the Government stopped Senators from speaking to the Bill and refused to allow debate on the majority of the proposed amendments.

"The Democrat amendments to the Bill were serious and constructive. We attempted to insert safeguards into the legislation to protect fundamental legal principles such as freedom of speech; the right not to be detained without charge; and, the protection of legal professional privilege.

"We also moved to incorporate the International Covenant on Civil and Political Rights into the Bill; protect the rights of children; restrict the power to authorise orders to appropriate courts; allow detainees access to full judicial review; remove sedition from the Bill; and, decrease the sunset clause to three years.

"These amendments deserved serious debate however, many were not even able to be discussed in the three and a half hours allocated for the committee stage of the Bill.

"In an affront to the role of the Senate, the Government showed no willingness to seriously consider the many amendments circulated by the Democrats and other opposition parties.

"Labor Senators sold out on sedition. They supported the legislation despite all their protestations, despite the sedition provisions remaining in the Bill, and despite none of their other amendments passing the Senate today.

"This is a shameful and sad day for democracy," Senator Stott Despoja said.


On the November 30 South Australia passed it's own new terror laws giving police greater power to search people, cars and buildings and prevent entry or exit from an area which is subject to a terrorist threat or attac
k. They will be subject to a review after two and five years and will expire in 10 years through a sunset clause.


Reuters, The Advertiser


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