Terror and the Ambit Claim: Security Legislation Amendment (Terrorism) Act 2002 (Cth)

Abstract

"The legislation referred to the Committee goes far beyond a necessary legislative response to address identified shortcomings in existing law. It is an ambit claim for arbitrary executive power at the expense of civil rights and fundamental principles of law." Introduction: The Bill and the legislation - The 'Security Legislation Amendment (Terrorism) Act 2002' (Cth) (the Act) is the central component in a package of anti-terrorism legislation enacted as part of Australia's domestic response to the events of 11 September. The Act emerged in its present form after an extensive review of the Bill by the Senate Legal and Constitutional Legislation Committee. In its report, the Committee responded to submissions raising a plethora of concerns about the need for the legislation, the constitutionality of the Bill, possible breaches of international law, adverse effects upon ethnic communities, the definition of terrorism, absolute liability offences and the power of the Attorney-General to proscribe organisations. It recommended numerous amendments. The legislation's extensive array of terrorism and terrorist-related offences still incorporates some measures problematic for civil liberties, but is a significant contraction of the government's draconian 'Security Legislation Amendment (Terrorism) Bill 2002' (Cth) (the Bill).