World

Australia rushes in new terror laws

12:05 pm on 21 September 2014

Australia is beefing up its anti-terrorism laws, expanding already controversial measures used during this week's counter-terror raids in Sydney and Brisbane.

Australia's Prime Minister Tony Abbott (L) holds a news conference with Federal Police Commissioner Andrew Colvin, during an anti-terror crackdown. Photo: AFP

The first of three packages of counter-terrorism law is set to be introduced into Federal Parliament next week.

The ABC reports it has seen draft amendments to a range of legislation including the Criminal Code and Crimes Act. New legislation would allow the national security service, ASIS, to share foreign intelligence with the domestic security intelligence agency, ASIO.

The draft amendments include a significant lowering of the threshold applying to police officers when considering whether to arrest someone for terrorism offences without a warrant. Police officers would need only to "suspect on reasonable grounds" that a person has committed or is committing a terrorism offence.

Laws in place since the mid-1990s have required officers to "believe on reasonable grounds" that this was the case, which carries a higher legal standard of proof.

The amendments also would make it easier for authorities to apply for control orders, intended to prevent terrorist acts by restricting the movement or activities of certain people, such as forcing them to wear an electronic tag or making them report regularly to police.

Under the current law a senior member of the Australian Federal Police can apply to the Attorney-General for such an order only when they "consider on reasonable grounds" that people have been involved in terrorism activities overseas.

Under the proposed amendment, they would only need to "suspect" that this had taken place.

Queensland Barrister Stephen Keim QC said the Federal Government was moving too quickly with proposed changes.

"That causes me real concern because this type of legislation shouldn't be rushed through the parliament and if we are talking about passing something through parliament within weeks then that meets my definition of rushing it through parliament," he said.

"Lawyers associations, police associations, academics, journalists who may be affected - everybody - should have the proper opportunity to study the legislation and make submissions."

Other planned changes include new provisions allowing the government to enforce three-week suspensions of the passports of Australians who are suspected to be planning to "prejudice the security of Australia or a foreign country".

Members of the Sydney Muslim community pray prior to a rally against counter-terrorism raids Photo: AAP

Also proposed are new laws to better keep track of terrorist organisations, such as when they change their name, and a provision for it to be made illegal for Australians to travel to certain places overseas except to do humanitarian or government work.

These banned areas could be smaller than entire countries or even straddle national borders.

Attorney-General George Brandis said in Brisbane on Saturday that ASIO and the Australian Federal Police had expressed a "high level of satisfaction" with the proposed legislation, but the police had asked the government for amendments to allow "expedited control orders".

He provided no details of the proposed amendments.

"The Australian people expect the Government to act strongly here," Senator Brandis said.

"They don't expect to see us mucking around."

Justice Minister Michael Keenan said there would be "an enormous number of safeguards" in the legislation, without providing details.