1st Floor, 212 King Street, Melbourne Vic 3000
(Incorporation Reg. No. A0013713H)
Tel: 9602 4949 Fax: 9602 4948
25 June 2003 Media Release
The Federation of Community Legal Centres believes that a loophole
in the Australian Security Intelligence Organization Legislation Amendment (Terrorism)
Bill 2002 could allow for the indefinite detention of people through rolling 7
day warrants.
As the Bill presently stands the Attorney
General can authorize the issuing of one seven day warrant, during which time
three eight hour blocks of interrogation can occur. However, through the
loophole, the Attorney General can issue further, limitless warrants, irrespective
of the fact that ASIOs opportunity to question has already occurred.
Notwithstanding the Government's claim
that a "new warrant can only be issued if there is fresh information that
was not obtained during the first interrogation", the only real limit on
the AG's power is his own judgement:
the AG must consider that there are reasonable grounds for believing
that detention will substantially assist the collection of intelligence that is
important in relation to a terrorism offence.
The Federation of CLCs spokesperson,
Peter Noble, said "Opposition Senators must satisfy themselves that the
Bill is not a regime for rolling warrants. The timing of any subsequent warrant
and the grounds which give rise to it, require greater regulation."
Mr Noble called on Opposition Senators
"Not to support the Bill where there was any possibility of indefinite
detention."
"If this issue cannot be resolved in
the remaining period of this Parliamentary sitting, then the debate must be
delayed until after the winter break. Contrary to the Government's criticisms,
delaying the Bill would demonstrate that the issue of National Security is
sufficiently important for the Senate to not give it's approval to a half baked
Bill" Mr Noble said.
"This loophole has been discovered
on the run because there has not been sufficient time to scrutinize all facets
of the Bill. Remember that there are no precedents regarding laws like this.
There is no template or existing model to work off," Mr Noble said.
For further information (including
details of further reservations about the Bill) contact The Federation of
Community Legal Centres:
Peter Noble (Fitzroy Legal Service) 94193744 or 0412088403
Debbie Kirkwood (Federation Secretariat) 9602 4949 or 0421791802
The correct email address for Simon Crean
is S.Crean.MP@aph.gov.au
Helen Yandell
Western Suburbs Legal Service
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