Terrorism: Legislating for Security

• NCJ Number: 193764
• Author(s): Nathan Hancock
• Date Published: 2001
• Length: 2 pages
• Sale Source: Parliament of Australia Dept of the Parliamentary Library
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia
• Note: Research Note Number 24, 2001-02. Downloaded March 5, 2002

Annotation

This document describes the debate in Australia on whether it should enact specific anti-terrorist laws.

Abstract

Australia has had little or no experiences of terrorism. There is no specific anti-terrorism state in Australia. The country has been forced to consider the nature and extent of terrorist threats and appropriate responses due to the September 11 attacks on the United States. The Terrorism Act 2000 in the United Kingdom and the PATRIOT Act of 2001 in the United States both make membership or support of a terrorist organization an offense and place duties of disclosure on third parties. Both confer strong law enforcement powers, particularly in relation to search and seizure warrants. Areas of particular interest have been preventive detention and particular terrorist offenses. Key Australian legislation includes entry and deportation of aliens, intelligence services agencies, proscribed organizations, suspect transactions, investigation and enforcement, criminal procedure, and specific offenses. Key Australian legislative measures proposed to date by the government include control over terrorist finances, extraterritorial application of laws, questioning of non-suspects before a prescribed authority, arrest of persons by State and Federal police to protect the public, and specific terrorist offenses. The first two proposals would make minor adjustments to a relatively extensive legislative regime. The remaining three give rise to various questions regarding whether there is a need for a separate terrorist offense, before whom should persons be questioned, and whether there are dangers in protective detention. The major issue for Parliament is that it may be enacting strong laws largely in response to overseas events. A clear appreciation is needed of the subject matter of the laws, their purpose or object, and the standards against which they will be measured in terms of intended effects and incidental effects. The major challenge is balancing liberty with safety. 3 endnotes