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Concept
Australian anti-terrorism legislation, 2004
Summary
Three anti-terrorism bills were enacted in the Australian Parliament in 2004 by the Howard Coalition government with the support of the Labor Opposition. These were the Anti-terrorism Bill 2004, the Anti-terrorism Bill (No 2) 2004 and the Anti-terrorism Bill (No 3) 2004.
The Attorney-General, Philip Ruddock, introduced the Anti-terrorism Bill 2004 on 31 March 2004. He described it as "a bill to strengthen Australia's counter-terrorism laws in a number of respects – a task made more urgent following the recent tragic terrorist bombings in Spain." He said that Australia's counter-terrorism laws "require review and, where necessary, updating if we are to have a legal framework capable of safeguarding all Australians from the scourge of terrorism."
The main provisions of the Bill were:
to extend the fixed investigation period (that is, the period for which a suspect can be questioned before being either charged or released) under Part 1C of the Crimes Act for investigations into suspected terrorism offences, from 4 to 24 hours. Any such extension would have to be authorised by a magistrate or other judicial officer.
to permit law enforcement agencies to reasonably suspend or delay questioning of a person suspected of committing a terrorism offence to make overseas inquiries to obtain information relevant to that terrorism investigation.
Ruddock said that the government recognised the need to "ensure that appropriate safeguards are put in place to maintain the balance between security and individual rights and freedom." Existing safeguards in part 1C of the Crimes Act continue to apply to terrorist suspects being investigated in accordance with the Crimes Act regime. These safeguards include:
a suspect's right to communicate with a legal practitioner, friend or relative, an interpreter or a consular office
a suspect's right to remain silent
requiring the tape recording of any admissions or confessions made by a suspect as a pre-condition for admissible evidence, and
a suspect's right to a copy of recorded interviews.
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