The Sydney Morning Herald
Terrorism bill 'worst legislation ever seen'
By Lee Glendinning
April 9 2002

Prominent legal professionals condemned the federal Government's
proposed emergency terrorism legislation yesterday, demanding it
be withdrawn from parliament and re-drafted.

During an inquiry into the legislation - which critics say has been
rushed through because of last year's terrorist attacks in the United
States - those making public submissions referred to the bill as
"panic-stricken", "extraordinarily bad" and "the worst legislation
ever seen".

The Security Legislation Amendment (Terrorism) Bill defines a
terrorist act as "an action done or a threat made with the intention
of advancing a political, religious or ideological cause", excluding
lawful advocacy, protest, dissent or industrial action.

The president of the International Commission of Jurists, Supreme
Court Justice John Dowd, opened the public submissions
yesterday, saying that while an act could be unlawful in nature in
most cases, it was not necessarily an act of terrorism.

He warned the Senate inquiry that the legislation had the potential
to change the nature of Australian society, with the possibility of
trivial or minor offences being interpreted as acts of terrorism.

"Does this mean when you walk down the street in protest and
somebody breaks out and breaks something, it makes it unlawful?"
he asked.

"At what point in time will a protest become unlawful?"

While the bill should be hastened, more time was needed to
greatly improve it, he said. "We ought not, as Australians,
countenance having such legislation on the books with the mind
that we could tidy it up later."

During questioning, representatives from the Attorney-General's
Department were asked if someone arrested for cutting bolts in the
recent protest at Woomera would be seen to be involved in an act
of terrorism under this legislation.

A representative confirmed this would be the case.

The president of the NSW Council for Civil Liberties, Cameron
Murphy, lambasted the bill, telling the legislation committee that it
destroyed the principles of democracy in order to suppress
terrorism.

Mr Murphy cited examples of Nelson Mandela and Mahatma
Gandhi being labelled as terrorists in the past, but now recognised
as freedom fighters.

"This is some of the most insidious legislation we have ever seen in
this nation. It gives the Government the right to virtually outlaw
another group, and has the potential to sit on the statute stacks for
years before it is ever used."

The social commentator Eva Cox made an impassioned speech,
saying the legislation had the potential to stifle democratic
processes by trying to protect against terrorism.

"We really are constrained to things that seriously endanger the
security of our country and don't pick up the normal rabble-rousing
of political dissent," she said. "This legislation is extraordinarily
badly drafted."

The inquiry will continue next week with a hearing of further public
submissions in Melbourne.

This story was found at:
http://www.smh.com.au/articles/2002/04/09/1017206318512.html



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