Government gains power to outlaw organisations

Tom Pearson

The ALP has opportunistically agreed to legislation giving the 
federal Attorney-General the power to outlaw organisations. 
Previously the Government could ban organisations only if they 
were on a UN list of proscribed groups considered to be 
terrorist. Attorney-General Philip Ruddock now has the executive 
power to put any organisation it deems to be terrorist-related on 
a banned list of the Government's own making.

Labor has rolled over once again, this time with the aim of 
avoiding national security issues in the coming federal election. 
They merely inserted a few lame amendments in allowing the 
legislation through, such as having a parliamentary committee 
assess the intelligence which led to the proscribing of an 
organisation.

Under the pretext of "national security" the Howard Government, 
with the backing of the ALP and state Labor governments, has 
introduced a long list of laws that violate the fundamental 
democratic rights and civil liberties that Australians have won 
over many generations.

The introduction of such laws is an ongoing process. They are a 
reflection of an extremely dangerous move towards a dictatorial 
form of rule.

Below is a brief summary of most of the laws introduced to date.

Federal

* ASIO has the power to arrest and detain people which it did not 
have before, essentially changing it from a spy agency to a 
secret police organisation. It has more agents than at any time 
in its history.

* People can be jailed for five years for refusing to answer 
questions when interviewed by ASIO and the Federal Police.

* Anyone who has been interrogated or has witnessed an 
interrogation can be jailed for two years for revealing the 
content of that questioning.

* ASIO can hold people indefinitely if they are suspected of 
having information about terrorism or matters the Government 
defines as terrorist-related. The legislation allows for them to 
be detained indefinitely through repeated extensions of time.

* Detainees of ASIO have no right of access to legal advice or 
contact with family. There are no requirements to report that 
they are being held. They can just "disappear" as was the case 
under the junte in Chile.

* The definition of "terrorist groups" is so sweeping that a 
whole range of organisations can be labelled as terrorist, 
including trade unions, peace groups and political parties.

* The Attorney-General has the power to nominate groups as 
terrorist-oriented.

*  ASIO has the right to go into people's personal computers via 
the internet and change data.

* The military has the power to shoot-to-kill civilians in the 
streets under the Defence Legislation (Aid to the Civil 
Authorities) Act passed in the lead-up to the Sydney Olympics.

* This legislation established the legal and political basis for 
using troops to "suppress political disturbances".

* The House of Representatives last year passed legislation to 
give the Government the right to cut the internet and phone 
services of groups and individuals involved in organising protest 
actions.

*  Under this legislation the Government will be able to order 
communications companies to stop supplying services to groups or 
individuals deemed by ASIO as being a "threat to national 
security".

* People running such targeted websites, and those with links to 
them, could be jailed for two years.

* The Attorney-General will be able to order the Australian 
Communications Authority to refuse a licence to 
telecommunications service providers and the Authority will be 
required to get permission from the Attorney-General's office 
before granting a licence to any provider.

There is no requirement to give notifcation when a security check 
has been failed and telecommunications will be cut off.

NSW

The NSW Carr Labor Government laid the groundwork for much of the 
new legislation and has led the way for similar legislation being 
introduced piecemeal in the states.

* The NSW Police now only have to have "reasonable grounds" to 
suspect a terrorist attack to detain and search suspects — 
without a warrant.

* They can detain foreigners without trial; have access to the 
files of government departments without a court order.

* They have the power to demand disclosure of the phone calls, 
faxes and files of members of activist organisations, and charge 
their members for refusing to reveal information about other 
suspects.

* Force can be used to take photos of detainees who can also be 
ordered to remove items of clothing.

* NSW Police have the power to conduct electronic surveillance of 
individuals and to detain and interrogate them without access to 
a lawyer.