Counter-terrorism' laws : a threat to political freedom, civil liberties and constitutional rights : critique and comment

During 2002, on the pretext of shielding the Australian people from terrorism, the Howard government has introduced legislation that arguably undermines fundamental democratic rights, including freedom of speech and political association and freedom from arbitrary detention. A package of 'counter-terrorism' legislation has handed unprecedented powers to the executive government and the intelligence and police agencies. The measures have introduced sweeping definitions of terrorism and treason, both now punishable by life imprisonment, which could outlaw many forms of political protest and industrial action. The legislation contains powers to proscribe organisations, freeze their funds and jail their members for alleged support of 'terrorism'. In addition, it reverses the burden of proof for a range of serious offences, effectively requiring defendants to prove their innocence. One part of the legislative package, which would authorise the Australian Security Intelligence Organisation (ASIO) to detain people in police custody without charge and interrogate them incommunicado, without access to legal advice, was referred to a Senate committee by the opposition parties in October 2002. This article examines the purported rationale for the legislation and argues that the laws infringe basic civil liberties, are unrelated or disproportionate to the threat of terrorism and possibly unconstitutional.