Hon Greg Hunt MP
Federal Member for Flinders
P.O. Box 274
Hastings 3915
September 19, 2005
Dear Greg,
Proposed legislation package anti-terror laws.
I am writing to make clear my objection to the policies of the Howard government in legislation purportedly aimed at terrorism. I say purportedly aimed, because the specific measures proposed make substantive inroads against fundamental democratic rights and do nothing to combat terrorism.
The provisions being drafted go much further than simply raising the bar to counter potential terrorism. The rights that are directly affected include freedoms of speech, association and movement, and the right not to be detained without trial. In my estimation the proposed changes further propel Australia towards a police state. To wit the recent expulsion of American antiwar activist Scott Parkin, an individual that could hardly be described as radical given his commitment to non-violent action.
The specific provisions that I consider absolutely objectionable and potentially totalitarian measures are:
Control orders: Granting the Australian Federal Police 12 month control orders to impose tracking devices, travel bans and other restrictions because a security agency accuses someone of being a “terrorist risks.”
These conditions are nothing short of draconian impositions - proposed through secret court hearings, a provision reminiscent of an eastern bloc police state.
Preventative Detention: This grants ASIO the power to secretly lock people away for 48 hours. Essentially this is nothing less that detention without trial.
The particular detestable nature of this legislation is that it goes beyond ASIO’s already unprecedented detention powers and extends detention because of what a suspect may intend to do in the future. An offense need not be committed, nor need a “suspect” even be alleged to have “information” relevant to terrorism to be detained under this power.
In addition, I understand Prime Minister Howard will ask premiers at the September 27th “counter-terrorism summit” to introduce state laws providing for even longer periods of detention, similar to the 14 days recently introduced by the Labour government in Britain. A danger of further increase to the preventative detention period later is manifestly possible. In the U.K. changes to the detention period are already proposed to 3 months from 14 days. A future push to match Australia’s detention period with Britain seems a justified suspicion if such laws were passed in this country.
Advocating terrorism - proposal to grant unilateral powers to ban organisations without a court hearing to include groups that “advocate” terrorism.
The Criminal Code definition of terrorism is sweeping enough to include traditional forms of political dissent and demonstrations where property damage or injury might occur; this law could be misused in circumstances where fundamental democratic rights could be seen as targeted.
“Notice to Produce” powers - proposal to give power to Australian Federal Police to stop, question and search people on the street, seize documents and obtain airline passenger information.
This is an obvious quasi police state power. These powers could severely affect free speech, be used to compel journalists to hand over notes and influence media scrutiny.
Sedition offences: Extending existing sedition offences to make it a crime to write or speak in a way that supports Australia’s “enemies,” or promotes ill-will or hostility toward any group in the community.
The danger in extending the sedition laws is possible misapplication against individuals whose views might be construed as encouraging attacks on Australian troops. Such a potential is highlighted when Prime Minister Howard refused to rule out the possibility that journalists could be prosecuted for exposing Australian conduct abroad, if their reporting caused reprisals against Australians.
It is inaccurate for Prime Minister Howard to say these additional powers are needed to fight terrorism – as every conceivable terrorist offence, from murder to kidnapping, from arson to supporting, financing or planning such conduct is already a serious crime.
I am opposed to this vast expansion of the government’s powers as no evidence to justify the latest measures exists. Rather than protecting Australian society these laws are a potential nightmare.
Yours sincerely,
John Stoker
No comments:
Post a Comment