The Australian Government's draft Anti-Terrorism
Bill 2005 represents one of the most significant attacks on the
basic civil rights of all Australians and will extend Government
power to an unprecedented level. There are new powers for the
imposition of control orders that will force individuals to wear
tracking devices, limit their movements, stop them from using
the telephone or internet and stop them going to work. This legislation
will allow for even non-suspects to be detained without charge
for up to 14 days and includes notices to produce, increased stop
and search powers and drastically extended validity of ASIO search
warrants from 28 days to 90 days.
New sedition offences mean an individual can
be jailed for up to seven years if they "promote feelings
of ill-will or hostility between different groups" or urge
"disaffection against the Constitution or the Government."
Concerns have also been raised over an apparent new definition
for the use of lethal force. An AFP officer can kill someone if
the officer believes that it is necessary to protect the life
or safety of others, this includes a person attempting to escape
custody by fleeing. While there are already similar provisions
in the Crimes Act, the use of such force in relation to preventative
detention orders means that this force could be used on non-suspects.
The cornerstones of our civil and legal system are in serious
danger from the laws contained in this Bill. The presumption of
innocence and the right not to be detained without charge are
cornerstones of our democracy representing hundreds of years of
established practice - we must not allow them to be simply taken
from us.
Disturbingly, the Government is attempting to
use its majority in the Senate to stop public scrutiny of this
Bill by severely limiting committee inquiry. The underhanded manner
in which the Government has acted means that one of the most significant
Bills that Australia has seen may receive only a one day inquiry.
Australian democracy is built on an open and accountable system
of responsible government. By limiting public input and consultation
of such an important Bill the Government is showing nothing but
contempt for Australian democracy, parliamentary process and the
Australian people.