The following article was published in "The Guardian", newspaper of the
Communist Party of Australia in its issue of Wednesday, November 20th, 2002.
Contact address: 65 Campbell Street, Surry Hills. Sydney. 2010 Australia.
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1. DICTATORIAL POWERS Carr Govt's terror laws
Under cover of anti-terrorism, the NSW Carr Government has rushed
through Parliament laws that attack fundamental civil liberties and
democratic rights. Under the Terrorism (Police Powers) Bill police only
have to have "reasonable grounds" to suspect a terrorist attack to
pre-emptively detain and search suspects without a warrant.
by Marcus Browning
The powers also allow police to detain foreigners without trial if there
is "reasonable suspicion" they have terrorist links, give police
unfettered access to the files of government departments without needing
a court order, demand disclosure of the files, faxes and phone calls of
members of activist organisations, and charge activists if they fail to
reveal information about terrorist suspects.
People can be prosecuted for revealing information about facilities such
as nuclear sites or the movement of nuclear material when authorities
consider such information to "prejudice the security of the state".
"Reasonable force" can be used to take photos of those detained, and
they can also be ordered to remove items of clothing.
Police have more power to conduct electronic surveillance of individuals
and to detain and interrogate them without access to a lawyer.
The legislation lays the groundwork for the next phase of draconian laws
nation-wide. It aligns the State Government with the Federal
Government's terror legislation while at the same time introducing new
laws that may be adopted or triggered federally.
No other State has proposed such legislation. Carr's legislation is far
more serious than an election ploy with NSW voters going to the polls
next March. Carr has demonstrated time and again that he and his
government are ideologically committed to the imposition of police-state
authoritarianism. (See WTO story page 3 for an example.)
Like the Howard Government, the Carr Government knows that the economic
austerity programs being implemented are creating ever stronger
opposition and resistance. In order to enforce globalisation and give
open slather to the operations of the big corporations, dictatorial
powers are being introduced.
At the time when the Olympic laws were introduced Carr clearly had
long-range objectives beyond the Games themselves. That legislation,
which allows for the use of the military at power stations, dams, water
treatment plants and other facilities will be reinstated.
These laws take away the right to freedom of expression, the right to
protest, freedom of assembly and movement: rights which have been
guaranteed by law.
They allow for the searching and removal of persons on the thinnest of
pretexts by the police, the military and "authorised persons".
They give security forces the power to warn, search and remove persons
from public places. They may prevent the distribution of promotional
material; stop the use of cameras, recording or broadcasting equipment;
search people and their possessions; demand names, addresses and proof
of identity; seize property and issue on-the-spot fines.
They allow for large-scale use of military forces against civilians
through the federal Defence Legislation Amendment (Aid to the Civilian
Authorities) Bill, introduced in June, 2000. The military can even shoot
civilians down in the street with impunity.
Additional changes to these laws will include the NSW Crime Commission
being given extra powers to carry out surveillance and spy on citizens.
Convictions for "terrorist" offences will range from 10 years to life.
The head of the Crime Commission, Phillip Bradley, has been seconded by
the Howard Government to oversee the setting up of an Australian Crime
Commission along the lines of the American FBI.
The NSW Commission is to have a permanent representative from ASIO and a
Police Counter-Terrorism Coordination Command of 70 paramilitary
officers. The NSW Government has also set up a Cabinet Committee on
Counter Terrorism which is meeting with the FBI this week. The Committee
is comprised of Carr, Treasurer Michael Egan, Attorney-General Bob Debus
and Police Minister Michael Costa.
NSW taxpayers will also pay for new bomb disposal and forensic
equipment, an eight-seat Eurocopter to transport bomb and forensic
experts, new technology for electronic surveillance and biological,
chemical and radiological equipment.
The laws add to the already extremely dangerous attack on the right to
demonstrate, take strike action and generally express dissent against
unacceptable government policies. They represent a threat to the rights
and freedoms of all Australians and must be resisted.
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