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Title: Detaining Questions or Compromising Constitutionality?: The ASIO Legislation Amendment (Terrorism) Act 2003 (Cth)
Contributor(s): Carne, Greg  (author)
Publication Date: 2004
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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.
Publication Type: Journal Article
Source of Publication: UNSW Law Journal, 27(2), p. 524-578
Publisher: University of New South Wales
Place of Publication: Sydney, Australia
ISSN: 0313-0096
Field of Research (FOR): 180114 Human Rights Law
180116 International Law (excl. International Trade Law)
180108 Constitutional Law
Socio-Economic Outcome Codes: 940301 Defence and Security Policy
810107 National Security
940299 Government and Politics not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
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