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The Forum > Article Comments > Knee-jerk law making > Comments

Knee-jerk law making : Comments

By George Williams, published 5/6/2006

Current anti-terror laws were unthinkable prior to September 11, so what will we end up with in the event of future attacks.

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Just another horrible crime against the next generation that this morally reprehensible government has left to ferment (opens the door wide for a future police state; pity we don't have some sort of 'bill of rights' so that acts of pirate law-making like this couldn't be summarily dismissed). Tell me this isn't a slap in the face to everything that is decent and to almost any country's idea of human rights :

"ASIO also has important new powers, such as to have non-suspects detained for up to seven days to force them to reveal anything they know about terrorism. There is no right to silence, and failing to answer ASIO’s questions is punishable by up to five years in prison. It is a crime, for two years after someone has been held, to disclose “operational information” about the detention. The penalty for doing so is imprisonment for up to five years, even if the information is provided as part of a media story exposing problems with the regime."
Posted by hadz, Monday, 5 June 2006 10:23:51 AM
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hadz,

I dont think a bill of rights would do much to help relieve this appalling situation, they have one of those in the US and it certainly hasn't helped them

what is needed is education about our fundamental civil rights, but our high school curriculums barely touch on that.

we also need a vigilant media to help us keep tabs on overly powerful government, but the mainstream media has undoubtedly failed to do that.

perhaps online forums like this are our only hope.
Posted by Carl, Monday, 5 June 2006 11:37:04 AM
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George, it is easy to see why you’re the Anthony Mason Professor of the UNSW. Divest yourself of your ivory-towerism for a moment and think like a person trying to do harm to society. Those planning a terrorist act who are arrested for being in possession of a ‘thing’ may indeed be the member of the group responsible for sourcing the triggering device. Another member might have to provide the blueprint/s of the target/s. Our quarry is terrorists George. The shadowy milieu that affords them some protection must be met by laws that are equal to the challenge. You even come up with the quaint notion of inviting the canaille to debate the anti-terror laws. When we want to debate lenient sentences handed down by judges we are told that we don’t understand. Why trust us to debate anti-terror laws?

You say silence when questioned by authorities will be punished. I don’t remember members of the Legal Club spilling any Chivas Regal or slashing the club’s leather lounge chairs when Bruce Galea was tossed in the slammer for 27 months for refusing to open his gob during questioning by Commissioner Wood. The precedent has already been established.

George expresses concern that our draconian anti-terrorism laws don’t follow the minutiae of similar legislation of other Western nations. Other Western nations have the death penalty. George, would you be happy to follow that example?

And George admits to being in the ACT’s “Jon Stanhope Fan Club” because Jon has introduced a Human Rights Act which would somehow protect people from evil. Jon also gave his imprimatur to his environment adviser, Adrian Bruford, who decided to graffiti public and private property. Should we also have our own government-sponsored graffiti artist George?

George, many mistakes will be made along this road we’re on. Let’s all hope that the low number of those arrested so far is testament to the reasonableness of the legislation. And why don’t we see any wiccans amongst those arrested? Maybe that fact might help us focus our attention and energy and point it in the right direction.
Posted by Sage, Monday, 5 June 2006 1:12:39 PM
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Carl and Hadz

just a little minor point here.. under the Asio powers.. just exactly 'what' is it that you HAVE To respond to ?.... ok.. lets repeat it here...

EVERYTHING U KNOW ABOUT POTENTIAL OR ACTUAL TERRORIST PLOTS !

Now.. I might be forgiven for being a little suspicious here, (of you 2) but....why.. WHY would anyone wish that people should be able to HIDE such information ?

At the time of writing this, within the PAST WEEK alone, we have had

a) Chemical Weapon/attack plot foiled in the UK (Muslim radicals)

b) 3 times the explosive power of the Oklahoma City bombing plot foiled in Canada with 17 Muslim radicals arrested. (Canadian born)

We have had people in both Sydney and Melbourne arrested under suspicion of similar activities.

UK has already had its successful bombing campaign and one other foiled.

All I can say, better 'YOU' are the ones blown to bits by such people rather than me or my family, because guess what.. they will not actually check to see if YOU are not present in the Rialto or the subway or wherever when they choose to detonate their explosives.

Why do I say this ? well firstly to make you think, and secondly because you are clearly seeking to endanger the rest of us by going soft on terrorism/Islamic radicalism.

A war is going on,.. let me repeat A WAR and it will never be the kind which involved D-Day type invasions, it will be the type which diffuses a Nuclear/Biological weapon from the centre of Melbourne if they HAVE ENOUGH INFORMATION and intelligence info to find it/them.
Posted by BOAZ_David, Monday, 5 June 2006 5:51:15 PM
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A lot of valid points:- if the aim is to have a law abiding rather than a law deriding community, even if such deriding is delayed (as in Germany post 1945 and the anti Nazi swing, the realisation of how duped the people were), but you ignore I think the following proposition.
These laws are designed for at least three purposes.
Firstly power to government, this one. A new scare campaign and the lack lustre performance of the opposition will ensure it’s re election.
Secondly to show the Government is acting to allay fears, boldly, fairly and with great speed. (Little time to analyse is an advantage). This, even though the fears have been partly created and by current actions maintained, of possible threats. You make this point but I think ignore some evidence. The terror threats, red orange yellow and blue whatever, designed to keep us disturbed, make infrequent headlines though I am sure the media reports what the government puts out for them. Perhaps they became so farcical as for there ulterior purpose to be obvious even, to the most ill-informed citizen. Though I must add the frequency of arrests and trial has replaced them as headline, but perhaps with lesser terror effects and more satisfaction because something is being done.
Thirdly to so frustrate those who care to analyse what is going on as to deter them from speaking. Sure they will receive the odd media piece, allowing the Gov to talk of free fearless frank and complete democratic debate. None the less their contribution is likely not only to lessen but increasingly being contrary to the main stream, derided. The Gov. has of course a big advantage with a slumbering opposition, who almost alone can command the media attention the Government has, much less exposure.
This approach is exemplified by the deceit offered in the opening round of the ‘debate ‘ on Nuclear energy.
Posted by untutored mind, Monday, 5 June 2006 6:21:10 PM
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Well said Untutored Mind.

Those colour coded threats amuse me. They will never go below an orange alert. Why? Because governments like to keep people in fear so that they look like “great protectors” and citizens will then be more likely to give up their rights for a bit of peace of mind.

Mr Boaz,

It has nothing to do with protecting anyone and more to do with taking advantage of a tragic event to take the rights from citizens – something that even Western governments have always dreamed of doing…and now they have an excuse.

Yes, your points ARE minor on the grand scale of things and I don’t believe it’s Carl or Hadz that need any thought provoking. They realise those threats are real, but they also also realise the scarier threat of an authoritarian government. Therefore I don’t think the opinions of people like Carl or Hadz are any more dangerous than the opinions of people like yourself, who are so willing to submit their rights and freedom (and consequently everyone else’s) for protection. Remember…

Those who are willing to sacrifice freedom for security deserve neither.
Posted by Mr Man, Monday, 5 June 2006 6:42:08 PM
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