Australia has a federal form of government, and there is a division of power between the Federal Government and the various state governments. As in the US, security issues are dealt with federally, while day to day matters of law and order are dealt with at a state level.
The agency which the Australian government uses for internal security in Australia is the Australian Security Intelligence Organisation (ASIO).
In the wake of the Bali bombing, which deeply affected Australia, the government has been trying to broaden ASIO’s powers. However, they have not demonstrated how these new laws will actually make Australia safer, nor has there been any demonstrated inadequacies with the already ample powers that ASIO has.
The new law gives the government the right to hold someone for a week. This is not suspects we are talking about, it is dealing with people that might know something about terrorism. They ask you questions, you answer them, we all live happily ever after but they still have the power to detain you for a week.
Moreover, if there is new information that you reveal under questioning, the government have the power to apply for another warrant. There goes another week. And there is no limit to the number of warrants that the government can apply for. This can lead to indefinant confinement.
The provisions of the act are by no means hypothetical; the media is pointing out that journalists can be forced to reveal their sources. Either that, or face a five year jail term.
The key point is that this reform is not aimed solely at those who have committed a terrorism offence. The ASIO plan allows for people to be detained solely because they have information about a terrorism offence – a power even police officers do not have when questioning a suspected murderer.
The police are not given powers to detain people solely to gain information. As a society which respects human rights, this is seen as a power that is just too intrusive.
The issue is dealt with through criminal offences for concealing a major offence. There is no reason to think those laws will not apply to terrorism offences.
Moreover, the powers that the government now enjoy are pretty much unaccountable. The government say that there are sufficient accountability mechanisms in place already, but there’s actually no watchdog for ASIO.
The Australian government has acted very poorly throughout it’s long efforts to get this legislation passed. They haven’t demonstrated why there is such a pressing need for such an oppressive statute. The existing powers at their disposal remain quite adequate to deal with terrorism.
One can’t help but get the suspicion that this bill is a power-grab to take advantage of the troubled times that we live in.
Semi-cross posted from The Eye of the Beholder
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