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Legal bodies ‘concerned’ about proposed amendments to ASIO Act
Legal bodies have stated they are concerned about new draft laws that if passed would allow Australian spies to question 14-year-old suspects.
Tony Zhang
The recent changes to national security proposed amendments to the Australian Security and Intelligence Act has sparked concerns from the legal community with peak bodies addressing amendments could be “excessive” and “unnecessary”.
“These amendments to national security laws are in no way proportionate to the threats facing Australia,” LCA president Pauline Wright said.
“If adopted, the amendments would redesign the Australian Security and Intelligence Organisation’s (ASIO’s) compulsory questioning warrant regime and repeal its specific detention powers.”
New changes would also make some significant changes to ASIO’s surveillance powers, including permitting warrantless (that is, internally authorised) surveillance in relation to the use of certain tracking devices.
Furthermore, Australian Lawyers Alliance (ALA) said that the changes to national security laws governing ASIO’s powers to question terrorism suspects introduced into Parliament on Thursday excessively increase ASIO’s powers and are not necessary.
“This government continues to give more extensive and intrusive powers to ASIO, and this latest grab for power has been slipped in while everyone is distracted by the COVID-19 health emergency,” Greg Barns, spokesperson for the ALA said.
“There is limited capacity for scrutiny right now but the proposed changes are dangerous and continue to strip away individual’s rights.”
The bill – introduced to Parliament on Wednesday – would also extend the power of the Australian Security Intelligence Organisation to question people over “foreign interference”.
The proposed amendments to the Australian Security and Intelligence Act 1979 are based on the government’s response to a report by the parliamentary joint committee on intelligence and security.
In further changes, the Attorney-General would be able to issue certain warrants orally in emergency situations.
The legislation also allows ASIO to deprive adults of a lawyer in limited circumstances.
“Alarmingly the bill also allows lawyers to be banned from acting for clients at ASIO’s discretion. The ability for ASIO to limit an individual’s choice of lawyer is outrageous and unjust,” Mr Barns said.
This included if they thought particular lawyers would alert other people participating in an illegal activity or the lawyer was being disruptive during questioning.
The ALA said the Australian Security Intelligence Organisation Amendment Bill 2020 decreases ASIO’s accountability at the same time as increasing the scope of its powers.
“The bill allows ASIO to act without a warrant or with only a verbal warrant which makes it very difficult to hold the organisation or individual officers to account,” Mr Barns said.
“We are very disturbed to see that the amendments allow ASIO to detain and question children as young as 14 years old – this is unnecessary and completely inappropriate.
In other parts of the amendment, the LCA has welcomed the repeal of the ASIO detention regime in relation to the investigation of terrorism, which is consistent with its longstanding policy position.
However, Ms Wright said that the amendments propose a redesign of the use of questioning warrants and we are concerned that there may be very limited time to scrutinise the proposed laws, which are lengthy, complex and highly intrusive on individual rights.
The proposal to reduce the age of minors who may be subject to questioning from 16 to 14 years and the conferral of powers on police to apprehend and detain persons for the purpose of bringing them in for compulsory questioning also requires detailed scrutiny by the Law Council, among the many other amendments.
The Law Council is also concerned that the government is now rushing the bill, despite having had over two years to develop the redesigned questioning legislation since the PJCIS tabled its report in May 2018.
“Now there is a sense of urgency given that ASIO’s current questioning powers are due to sunset on 7 September, and the amendments are set to commence by or before that date,” Ms Wright said.
“This is not a bill to be hurried through.”
