[LINK] New secret search powers

[Kim Holburn]

http://www.smh.com.au/news/national/new-secret-search-powers/ 
2007/07/31/1185647903263.html?s_cid=rss_news

> New secret search powers
>
> Tom Allard
> August 1, 2007
>
> POLICE and security agencies will be given unprecedented "sneak and  
> peek" powers to search the homes and computers of suspects without  
> their knowledge under legislation to go before Federal Parliament  
> next week.
>
> The extensive powers - which also give federal police the right to  
> monitor communications equipment without an interceptions warrant -  
> come amid growing public disquiet about counter-terrorism powers  
> following the bungled handling of the Mohamed Haneef case.
>
> Under the laws, officers from the federal police and other agencies  
> would be able to execute "delayed notification warrants", allowing  
> them to undertake searches, seize equipment and plant listening  
> devices in businesses and homes.
>
> Police and security officers will be able to assume false  
> identities to gain entry and conduct the surreptitious searches.
>
> But the person affected by the raid does not have to be informed  
> for at least six months, and can remain in the dark for 18 months  
> if the warrant is rolled over.
>
> The warrant is to be issued by the head of a police service or  
> security agency without the approval of a judicial officer. It can  
> also be extended for more than 18 months with the sanction of the  
> minister.
>
> The lack of judicial oversight was justified by the Minister for  
> Justice and Customs, David Johnston, on the grounds that a court or  
> judicial officer might leak news of the warrant.
>
> "I don't want to impugn anyone, but the security of these  
> operations has to be pristine," Senator Johnston told the Herald.
>
> Moreover, the warrant can be issued for any offence that carries a  
> prison term of 10 years or more, despite a strong recommendation  
> from a bipartisan Senate committee earlier this year that it only  
> be used for investigations into terrorism, organised crime and  
> "offences involving death or serious injury with a maximum penalty  
> of life imprisonment".
>
> The new powers have their genesis in a meeting of state, territory  
> and federal police ministers two years ago to create uniform search  
> warrants.
>
> They are scheduled to be introduced to the Senate on Tuesday when  
> Parliament resumes.

.....

--
Kim Holburn
IT Network & Security Consultant
Ph: +39 06 855 4294  M: +39 3494957443
mailto:kim at holburn.net  aim://kimholburn
skype://kholburn - PGP Public Key on request

Democracy imposed from without is the severest form of tyranny.
                           -- Lloyd Biggle, Jr. Analog, Apr 1961