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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/oct/04/turnbull-defends-proposed-anti-terrorism-laws-as-constitutional
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| Version 3 | Version 4 |
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| Turnbull defends proposed anti-terrorism laws as constitutional | Turnbull defends proposed anti-terrorism laws as constitutional |
| (6 months later) | |
| A proposed uniform law to allow terrorism suspects to be held without charge for 14 days is constitutional because a judge will have to approve extended detention, Malcolm Turnbull has said. | A proposed uniform law to allow terrorism suspects to be held without charge for 14 days is constitutional because a judge will have to approve extended detention, Malcolm Turnbull has said. |
| Speaking to ABC’s AM on Wednesday the prime minister defended a suite of proposed new anti-terrorism laws to be discussed at the Council of Australian Governments on Thursday, including new commonwealth criminal offences for possession of instructional terrorist material and engaging in terrorism hoaxes. | Speaking to ABC’s AM on Wednesday the prime minister defended a suite of proposed new anti-terrorism laws to be discussed at the Council of Australian Governments on Thursday, including new commonwealth criminal offences for possession of instructional terrorist material and engaging in terrorism hoaxes. |
| At a doorstop in Melbourne Bill Shorten said Labor would wait to see final detail but “takes a bipartisan approach to good ideas about keeping Australians safe”. | At a doorstop in Melbourne Bill Shorten said Labor would wait to see final detail but “takes a bipartisan approach to good ideas about keeping Australians safe”. |
| In 2015 the attorney general, George Brandis, suggested federal laws for extended detention of terrorism suspects without charge could be a breach of the constitution if the executive was seen as wielding judicial power. | In 2015 the attorney general, George Brandis, suggested federal laws for extended detention of terrorism suspects without charge could be a breach of the constitution if the executive was seen as wielding judicial power. |
| On ABC’s AM, the president of the Law Council, Fiona Mcleod, questioned whether uniform detention laws would “risk being seen as punitive, in other words do they risk breaching the separation of powers doctrine and undermining the integrity of the court”. | On ABC’s AM, the president of the Law Council, Fiona Mcleod, questioned whether uniform detention laws would “risk being seen as punitive, in other words do they risk breaching the separation of powers doctrine and undermining the integrity of the court”. |
| “Certainly if the government say they are finding the right balance, at 14 days, that’s an important consideration … 14 days to me sounds like a long time but it’s consistent with New South Wales,” she said. | “Certainly if the government say they are finding the right balance, at 14 days, that’s an important consideration … 14 days to me sounds like a long time but it’s consistent with New South Wales,” she said. |
| Turnbull said the proposal for all states and territories to adopt a NSW law that allows a magistrate to extend pre-charge detention to 14 days was “constitutionally defensible” and “absolutely consistent with ensuring there is proper judicial oversight”. The law applies to children as young as 14. | Turnbull said the proposal for all states and territories to adopt a NSW law that allows a magistrate to extend pre-charge detention to 14 days was “constitutionally defensible” and “absolutely consistent with ensuring there is proper judicial oversight”. The law applies to children as young as 14. |
| Asked whether the 14-day period for detention without charge got the balance right between security and personal liberties, Turnbull said it was “based on experience”, citing the Australian federal police’s successful disruption of a terrorism plot to blow up an airliner in Sydney. | Asked whether the 14-day period for detention without charge got the balance right between security and personal liberties, Turnbull said it was “based on experience”, citing the Australian federal police’s successful disruption of a terrorism plot to blow up an airliner in Sydney. |
| At a media conference in Canberra, the AFP commissioner, Andrew Colvin, said when investigating terrorism offences police “don’t have the normal luxury to watch, to wait, collect evidence before we act”. | At a media conference in Canberra, the AFP commissioner, Andrew Colvin, said when investigating terrorism offences police “don’t have the normal luxury to watch, to wait, collect evidence before we act”. |
| The NSW Council of Civil Liberties president, Stephen Blanks, told Guardian Australia that plot was a “worst-case example” and police hadn’t needed the 14-day period, showing there was no need for “draconian” new laws. | The NSW Council of Civil Liberties president, Stephen Blanks, told Guardian Australia that plot was a “worst-case example” and police hadn’t needed the 14-day period, showing there was no need for “draconian” new laws. |
| “We don’t think detention without charge ought to be permitted at all … It’s just inappropriate in a free society for police to be able to detain people without charge,” he said. | “We don’t think detention without charge ought to be permitted at all … It’s just inappropriate in a free society for police to be able to detain people without charge,” he said. |
| Blanks questioned if hearings to extend detention would be conducted in secret and how detained persons, even if they were represented, could convince a judge to let them go. “It’s a misuse of the position of the courts to involve them in detaining people without due legal process,” he said. | Blanks questioned if hearings to extend detention would be conducted in secret and how detained persons, even if they were represented, could convince a judge to let them go. “It’s a misuse of the position of the courts to involve them in detaining people without due legal process,” he said. |
| Earlier Turnbull said the government worked with the AFP, state counterparts and legal advisers to “fine-tune and improve our national security laws”. | Earlier Turnbull said the government worked with the AFP, state counterparts and legal advisers to “fine-tune and improve our national security laws”. |
| “Our primary, overwhelming responsibility is to keep Australians safe. We are relentless in that and we will always continue to improve and enhance the tools our agencies have to keep us safe.” | “Our primary, overwhelming responsibility is to keep Australians safe. We are relentless in that and we will always continue to improve and enhance the tools our agencies have to keep us safe.” |
| The Australian governments will also discuss improving access to existing databases of drivers’ licences to give federal police and security agencies national facial biometric matching capability. | The Australian governments will also discuss improving access to existing databases of drivers’ licences to give federal police and security agencies national facial biometric matching capability. |
| Turnbull said about half of Australians already have their photo in a federal government system, but bringing together driver’s licence photos would help “build up a national system that will enable us … particularly to be able to identify people that are suspected of, or involved in, terrorist activities”. | Turnbull said about half of Australians already have their photo in a federal government system, but bringing together driver’s licence photos would help “build up a national system that will enable us … particularly to be able to identify people that are suspected of, or involved in, terrorist activities”. |
| Later at the media conference Turnbull said it could be used for real-time surveillance at airports, sports stadiums and shopping centres or to look at past CCTV footage. | Later at the media conference Turnbull said it could be used for real-time surveillance at airports, sports stadiums and shopping centres or to look at past CCTV footage. |
| The justice minister, Michael Keenan, said the government was not proposing to collect new data but to give immediate access to licence photos rather than having the AFP apply to the states, which can take a week to 10 days. | The justice minister, Michael Keenan, said the government was not proposing to collect new data but to give immediate access to licence photos rather than having the AFP apply to the states, which can take a week to 10 days. |
| Blanks said it was a “great concern” the government could use photos obtained for drivers’ licences for a secondary purpose, arguing it was a breach of privacy that would add to mistrust of government. | Blanks said it was a “great concern” the government could use photos obtained for drivers’ licences for a secondary purpose, arguing it was a breach of privacy that would add to mistrust of government. |
| “Creation of these kinds of database increases the risk of identity fraud and for unauthorised access,” he said, citing a Guardian Australia report that Medicare card details are available for sale on the dark web. | “Creation of these kinds of database increases the risk of identity fraud and for unauthorised access,” he said, citing a Guardian Australia report that Medicare card details are available for sale on the dark web. |
| Turnbull said the government could not “allow the risk of hacking to prevent you from doing everything you can to keep Australians safe” and the only alternative was “not to use data at all”. | Turnbull said the government could not “allow the risk of hacking to prevent you from doing everything you can to keep Australians safe” and the only alternative was “not to use data at all”. |
| He said existing laws on possession of terrorist instructional material were not sufficient and police wanted “a very clear offence” to remove ambiguity around existing offences of planning or preparing for a terrorist act. | He said existing laws on possession of terrorist instructional material were not sufficient and police wanted “a very clear offence” to remove ambiguity around existing offences of planning or preparing for a terrorist act. |
| The prime minister said the alleged terrorists behind the Sydney airliner plot had planned to build a chemical dispersal bomb and were receiving instructions from the Middle East about how to build the bomb. | The prime minister said the alleged terrorists behind the Sydney airliner plot had planned to build a chemical dispersal bomb and were receiving instructions from the Middle East about how to build the bomb. |
| “There’s no legitimate purpose or justification for having information like that and that should be an offence,” he said, predicting there would be no dispute at Coag about the new offence. | “There’s no legitimate purpose or justification for having information like that and that should be an offence,” he said, predicting there would be no dispute at Coag about the new offence. |
| Shorten said wanted “to make sure we are as safe a people as we can possibly be”. | Shorten said wanted “to make sure we are as safe a people as we can possibly be”. |
| “At the same time, we always have to be mindful of the principle we don’t want to sacrifice the Australian way of life in order to implement some of these changes but I believe fundamentally that we’ve got the balance right,” he said. | “At the same time, we always have to be mindful of the principle we don’t want to sacrifice the Australian way of life in order to implement some of these changes but I believe fundamentally that we’ve got the balance right,” he said. |
| Australian security and counter-terrorism | Australian security and counter-terrorism |
| Law (Australia) | |
| Malcolm Turnbull | Malcolm Turnbull |
| Coalition | Coalition |
| Australian politics | Australian politics |
| Australian police and policing | Australian police and policing |
| news | news |
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