SOURCE:
Sydney Morning Herald newspaper, 14th August, 2004.
GPO Box 506, Sydney
NSW 2001 Australia
(Phone: +61/2/9282 2822) (E-Mail: letters@smh.fairfax.com.au )
( http://www.smh.com.au/ )
Outrage at rushed terrorism and gay marriage laws
By Cynthia Banham
August 14, 2004
People convicted of associating with terrorists can be imprisoned for three years, after new anti-terrorism
laws were rushed through Parliament yesterday.
Two counter-terrorism bills, and laws banning same-sex marriage, passed through the Senate after a deal
was struck between the Federal Government and Labor to cut short debate on the legislation.
Debate was slashed to 3 hours on each of the two issues, outraging the minor parties.
The terrorism laws will give ASIO new powers to confiscate foreign passports from dual citizens or foreigners
to prevent them leaving the country, and will allow terrorist prisoners to be transferred to jails in other states.
The most controversial aspect of the terrorism legislation, however, were the consorting laws.
They were condemned last week by a bi-partisan Senate committee that said they were unnecessary and went
too far, with fears they could apply to investigative journalists and religious activities.
But they passed with Labor's support, and with only minor amendments to soften bail requirements
for those charged with consorting offences. The presumption against bail that applies to accused terrorists will not now apply
to associates.
An exemption for lawyers will also be expanded. The laws will be reviewed next year.
The Attorney-General, Philip Ruddock, this week rejected many of the Senate committee's recommendations
as unhelpful, saying that if they were adopted they would make successful prosecutions under the consorting laws impossible.
He also dismissed the view of the committee - which included the Government senators Marise Payne, Brett
Mason and Nigel Scullion - that there was no need for a new consorting offence and that the Government was guilty of "legislative
overreach" in implementing the measures.
"It is not in the interests of our society to have terrorist organisations being able to flourish and grow,"
Mr Ruddock said.
It is understood that there are a number of people under surveillance at present for terrorist-related activities
who cannot be charged because no consorting laws exist.
Instead, law enforcement and intelligence agencies have been restricted to interviewing them to let them
know that they are being watched, in an effort to curb their alleged behaviour.
Mr Ruddock said he no longer thought laws allowing the Government to intern foreign terrorists were necessary,
because last Friday's High Court decision, which said indefinite immigration detention was lawful, would cover such a situation.
He said that based on current intelligence the terrorist threat level would not be raised for the coming
election. "At this time we know of no specific threat related to an election".
Asked whether he believed Australia now had enough laws to guard against a terrorist attack, Mr Ruddock
said his dilemma in relation to the terrorist threat was: "I know what we know, but I don't know what we don't know."
An emotional Democrats leader, Senator Andrew Bartlett, said the counter-terrorism laws were extremely dangerous,
and would take away individual rights and freedoms.
On the gay-marriage ban, he said in a choked voice that they would "prevent people from being able to marry
the person they love".
The Greens leader, Senator Bob Brown, accused Labor of "voting for discrimination".
Gay lobbyists have threatened to challenge the new laws in the High Court.
