Australia: 'Appalling' anti-terrorism laws draw criticism

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Last Update: Tuesday, September 27, 2005. 7:20pm(AEST)

'Appalling' anti-terrorism laws draw criticism
Civil libertarians and lawyers say the anti-terrorism laws agreed upon by the Commonwealth and the states today are appalling.

Under the laws, which Prime Minister John Howard describes as "unusual", state and territory police will be given extra tracking powers and will be able to detain terrorism suspects for up to two weeks without charge.

The laws will also make provisions for a review after five years and a sunset clause at 10 years.

Terry O'Gorman, of the Australian Council for Civil Liberties, says the agreement is an appalling state of affairs.

"I think it just shows what a sorry state civil liberties have reached in this country that someone will now be able to be held for 14 days without charge on the basis that the premiers have been secretly briefed by ASIO," he said.

Patrick Emerton, who is an assistant law lecturer at Monash University, says the definition of terrorism under Australia law is too broad.

"If someone sent money to Aceh to help with tsunami relief and that money ended up in the hands of the rebels in Aceh who control significant parts of Aceh, the person who sent the money could be a terrorist," Mr Emerton said.

"If someone went there and taught those rebels how to rebuild houses that person would be training with terrorists and so are criminals under Australian law."

Australian Lawyers Alliance president Richard Faulks says the laws are totalitarian and un-Australian.

"Depending on what the final version is, I think it is a retrograde step, and one that we didn't need," Mr Faulks said.

"Australians value their freedom and even though everyone is concerned about terrorism and rightly so, there are steps that can be taken that are still consistent with proper safeguards which are part of our everyday life."

Balance

However, the state and territory leaders say the laws strike a balance between security and personal freedoms.

New South Wales Premier Morris Iemma says he is satisfied the new laws will better protect the community from terrorism without harming civil liberties.

"We've proven that it is possible to get tougher laws on terror and at the same time protect individual liberties," Mr Iemma said.

"The protections the safeguards that are part of this package are important to ... our way of life."

Some state leaders, such as ACT Chief Minister Jon Stanhope, went to today's Council of Australian Government meeting unconvinced of the need for the laws.

But a briefing from the Australian Security and Intelligence Agency (ASIO) and the Office of National Assessments (ONA) has changed their minds.

Mr Stanhope says his fears over the impact of the laws on civil liberties have changed.

"Faced with blunt advice from the head of ASIO, from the head of the Office of National Assessments and from the head of the Australian Federal Police that we do indeed face grave circumstances in Australia, it really isn't possible for any head of government to turn away," he said.

"There are people within Australia that our officials have grave concerns about in relation to their intentions.

"The situation is serious."

The legislation will be drafted within weeks.

In other developments:
The state and territory leaders have reached an agreement with the Commonwealth over proposed anti-terrorism legislation. (Full Story)
A human rights watchdog has reacted with alarm to calls for police to be protected from civil suits that may arise as a result of the new anti-terrorism laws. (Full Story)
The union for the Australian Federal Police (AFP) says it does not have enough officers to take on the new airport security functions approved today. (Full Story)
Former Labor foreign minister Gareth Evans has downplayed the risk of a terrorist attack occurring in Australia. (Full Story)

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