Submission to Inquiry Into ASIO Legislation Amendment (Terrorism) Bill 2002 (Cth) by Senate Legal and Constitutional References Committee

Abstract

This submission concentrates upon the following terms of reference for the inquiry: * The development of an alternative regime for questioning to obtain intelligence relating to terrorism * Recent overseas legislation dealing with the investigation of potential terrorist activities or offences * Whether the bill in its current or amended form is constitutionally sound * The implications for civil and political rights of the bill Whilst the report of the Joint Parliamentary Committee on the ASIO Legislation Amendment (Terrorism) Bill 2002 (Cth) proposed a number of sensible amendments to the bill, the intense time constraints for the inquiry and the lack of senior legal counsel appointed to assist the Committee meant that the Committee’s recommendations failed to address three critical issues: Firstly, the unacceptability of incommunicado detention of non-suspect citizens as a method of collecting intelligence. Secondly, real doubts about the constitutionality of executive detention. Thirdly, the availability of effective, non-detention alternatives already enacted in other jurisdictions such as Canada and the United Kingdom that are adaptable to Australian circumstances.