[LINK] RFI: Post-Sep-2001 Legislation
Roger Clarke
Roger.Clarke at xamax.com.au
Wed Nov 22 10:11:31 AEDT 2006
I've gone looking for a summary of the measures taken by governments
since September 2001 that have been justified using the 'war on
terror' rhetoric and have constrained civil liberties.
My immediate purpose is a presentation on Friday in Sydney, but this
is a resource that we all need ready to hand.
The outstanding formal resource is the Parliamentary Library Page:
http://www.aph.gov.au/library/intguide/law/terrorism.htm
I also wanted resources that consider the scores of pieces of
legislation with a critical eye. (From personal observation, a few
have been reasonable adjustments to old laws, but the vast majority
have been extremist social control measures that threaten freedom and
democracy far more than they threaten terrorists).
The best single resource appears to be the Terror Laws Booklet of the
Australian Muslim Civil Rights Advocacy Network (AMCRAN):
http://www.amcran.org/images/stories/booklet/AntiTerrorLaws2ndEd.pdf
Of the sites listed at:
http://www.privacy.org.au/Resources/Contacts.html#PAdvO
the most directly useful was NSWCCL.
The list below provides a flavour. It's so extensive that it needs
some kind of organising framework.
Thanks for any leads that list-subscribers can offer.
_________________________________________________________________________
Rough and Incomplete List of 'War on Terror' Legislation
Most Recent First
Anti-Money Laundering Bill 2006
Massive and highly intrusive extensions
Stronger Identity checks for pre-paid mobile phones
April 2006
Unlimited power to demand personal information, including biometric identifiers
Citizenship Bill 2005
Cave-in by all State and Territory Parliaments resulting in
complementary legislation in all jurisdictions, e.g.
Terrorism Legislation Amendment (Warrants) Act 2005 (NSW)
search warrants covert and not related to any investigation
Anti-Terrorism Act (No 2) 2005
- control orders' based on suspicion alone
- warrantless preventative detention
- sedition law changed to encompass expression of opinion
- AFP notice to produce information powers for 'other serious offences'
- optical surveillance provisions
- extended powers of Customs officers
http://www.alhr.asn.au/downloads/alhrterrorsubmission.pdf
Border Security Legislation Amendment Act 2002
ASIO Powers of Arbitrary Arrest and Detention unrelated to an offence
used in the case of Scott Parkin in September 2005
Passports Act replaced, wiping out carefully balanced protections
Blanket authorisation for the addition of any form of biometrics
Refusal by DFAT to provide information about the passport design
2004-05
Anti-Terrorism Bill 2004
National Security Information (Criminal Proceedings) Act 2004
Surveillance Devices Act 2004
Telecommunications (Interception) Amendment (Stored Communications) Bill 2004
Terrorism (Police Powers) Act 2002 (NSW)
DNA testing and database regime involving all Australian jurisdictions
2002
________________________________________________________________________
Here's the Attorney-General's Dept's own page on:
Australian Laws to Combat Terrorism
http://www.nationalsecurity.gov.au/agd/www/nationalsecurity.nsf/AllDocs/826190776D49EA90CA256FAB001BA5EA?OpenDocument
--
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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