One of the most hotly debated and controversial issues of law reform in Australia over the past decade is anti-terrorism legislation. The tragic murder of a Police employee outside police headquarters in Parramatta, has once again ignited the debate on the powers that police and law enforcement have in relation to national security and the prevention of acts of terror.
While last week’s tragedy cannot be confirmed as an act of terror, the sentiment remains, thus the purpose of this article is to provide a brief summary of the proposed changes being grappled by parliament as we speak, some of which have already been made law. The new laws can be categorised into three stages:
Stage 1:
- Allows one search warrant to cover an entire computer network, meaning that ASIO can access a range of different computers thought to be used in the preparation of acts of terror.
- Gives ASIO criminal and civil immunity from prosecution in carrying out their work.
- Allows Australia’s overseas spy agency to spy on Australians overseas with greater ease.
Stage 2:
- Makes it easier to identify and charge Australians who have been engaged in terrorist activities overseas.
- Allows the suspension of a person’s passport for 14 days if they are suspected of terrorist activity.
- Makes it an offence to travel to a declared area of terrorist activity without a valid reason.
- Makes it an offence to advocate terrorism, for example, on social media.
- Makes it easier for authorities to put in place preventative detention orders to prevent terrorist activity.
- Allows the suspension of welfare payments for people assessed as a serious threat.
Stage 3:
- Requires telecommunications companies (telcos) to retain customer’s phone and computer metadata for two years.
- Requires telcos to keep information such as phone numbers, length of phone calls and email addresses etc.
- Requires telcos to give Security Agencies access to this data if they can make a case that it is reasonably necessary in the course of an investigation.
The overarching theme of the changes is to make it easier for Australian intelligence agencies (in particular ASIO) to take preventative action against people who are suspected of planning acts of terrorism at home or abroad.
These laws are a delicate balance between the private rights of individuals in our country and the importance of national security and are sure to continue to be hotly debated.
