Detaining Questions or Compromising Constitutionality?: The ASIO Legislation Amendment (Terrorism) Act 2003 (Cth)

Author(s)
Carne, Greg
Publication Date
2004
Abstract
The extensively amended 'Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003' (Cth) ('ASIO (Terrorism) Act 2003'), having first been introduced into Parliament in March 2002, was eventually passed after a Government 'compromise' aimed at achieving Opposition support. The final version of the legislation is remarkable not only because the Commonwealth Parliament has enacted a secret, renewable, incommunicado regime of detention and questioning of persons not suspected of any terrorism offence (for the purposes of the gathering of intelligence), but also because significant questions of constitutionality persist following the June 2003 amendments made to the Bill. This article commences with a discussion of several contextual matters providing important background for an examination of the Act's constitutionality.
Citation
University of New South Wales Law Journal, 27(2), p. 524-578
ISSN
1839-2881
0313-0096
Link
Language
en
Publisher
University of New South Wales
Title
Detaining Questions or Compromising Constitutionality?: The ASIO Legislation Amendment (Terrorism) Act 2003 (Cth)
Type of document
Journal Article
Entity Type
Publication

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