Australian Anti-Terror Laws.

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    The Outsider

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    Do you agree with them?


    Anti-terror laws introduced
    By Paul Osborne
    03nov05

    POLICE will be armed with tough new anti-sedition powers and control orders for terror suspects under the Howard Government's counter-terrorism package released today.

    After weeks of talks with the states over concerns the draft laws failed to properly protect civil rights, the fine-tuned legislation was tabled in Parliament today.
    The laws toughen jail terms for inciting race hatred or violence against the community, but have been criticised as an attack on free speech.

    But the Bill includes better safeguards, including shorter control orders imposed on 16- to 18-year-olds, and a greater role for judges and the courts in issuing and reviewing detention and control orders.

    The Bill was introduced half an hour before a special sitting of the Senate approved an urgent change to existing national security laws.









    Prime Minister John Howard said the amendment was needed to tackle a potential terrorist threat identified this week, but legal experts said there was no need for the change.

    Attorney-General Philip Ruddock introduced the new package of measures into Parliament today, warning Australia needed the toughest laws possible to fight terrorism.

    "The Bill ensures that we are in the strongest position to prevent new and emerging threats to stop terrorists carrying out their intended acts," Mr Ruddock told Parliament.

    A key section of the Bill makes it an offence to promote ill-will or hostility between different groups, urge violence against the Government, or assist "an enemy at war" with Australia.

    Anyone found guilty of those three offences faces a seven-year jail term, but can argue in court that their comments are made in good faith.

    Journalists' union president Chris Warren said the laws would radically alter the nature of public debate in Australia.

    "Any person or organisation could be charged with sedition without, as existing law requires, having urged force or violence," Mr Warren said.

    He said journalists could be jailed for five years for reporting about a person in preventative detention and would be forced to hand over information if it was believed to help in the investigation of terrorism.

    Mr Howard today stood by the changes to sedition offences.

    "The idea that anybody should be allowed to encourage violence and the doing of physical harm to Australians fighting in the name of this country overseas is something that Australians will not accept," he told Southern Cross Broadcasting.

    The laws allow people suspected of terrorist activity to be subject to a judge-issued control order of up to 12 months, which could include home detention.

    But the control orders will take into account personal circumstances and will initially only be issued on an interim basis before a court decides to confirm, void or revoke them.

    A suspect in preventative detention, which can last for up to 14 days, will be able to contact a family member and lawyer under less restrictive rules than apply to spy agency ASIO.

    New safeguards revealed today included a three-month limit to control orders on 16 to 18-year-olds, instead of 12 months, and judicial review on the merits of the case when police seek to extend a preventative detention order.

    Police will still be able to shoot to kill in certain circumstances, but state laws will apply rather than federal law.

    Mr Ruddock said the Bill also toughened measures to crack down on terrorist financing.

    The Bill includes a five-year review and a 10-year sunset clause, as agreed at the Council of Australian Governments anti-terror summit.

    The Senate today agreed to set up an inquiry into the Bill, to report back on November 28.

    Mr Howard dismissed criticism that the terror laws were timed to be a distraction from his Government's contentious industrial relations reforms.

    "The idea that in some way something I believed in very strongly for more than 20 years, I would want to smother is itself absurd," Mr Howard said.

    Meanwhile, Mr Ruddock revealed he had been "anxious" since being briefed on Monday about the potential terrorist threat.

    "I wouldn't be bringing the matters that I did to the Prime Minister's attention if I were not of the view that I would be accused of a very fundamental dereliction of duty, having received the information I had, if we didn't act on it," he said.

    ACT Chief Minister Jon Stanhope declined to sign off on the laws today, saying they still did not comply with Australia's international human rights obligations.

    But he said he was committed to legislate for preventative detention orders as soon as possible.

    Source
     
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    Link04

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    Will

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