Substantial new powers of arrest for police officers under proposed amendments to anti-terrorism laws

Updated

Police officers would get substantial new powers of arrest under proposed amendments to anti-terror laws.

The ABC has seen draft amendments to a range of legislation including the Criminal Code and Crimes Act.

A much anticipated package of reforms to terrorism laws is set to be introduced into Federal Parliament early next week.

The draft amendments seen by the ABC include a significant lowering of the threshold applying to police officers when considering whether to arrest someone for terrorism offences without a warrant.

Under the proposed changes, police officers would need only to "suspect on reasonable grounds" that a person has committed or is committing a terrorism offence.

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Laws in place since the mid-1990s have required officers to "believe on reasonable grounds" that this was the case, which carries a higher legal standard of proof.

The amendments also would make it easier for authorities to apply for control orders, intended to prevent terrorist acts by restricting the movement or activities of certain people, such as forcing them to wear an electronic tag or making them report regularly to police.

Under the current law a senior member of the Australian Federal Police can apply to the Attorney-General for such an order only when they "consider on reasonable grounds" that people have been involved in terrorism activities overseas.

Under the proposed amendment, they would only need to "suspect" that this had taken place.

Concerns new laws will target Islamic community

Muslim leaders have said they want assurances the new laws are not solely aimed at the Islamic community.

Community leader Doctor Jamal Rifi said he welcomes the legal changes, but they need to be applicable to everyone.

"We want to ensure that we are not targeted and at the same time our basic right of freedom is protected and we have concern, we have put that concern to the Attorney-General," he said.

Queensland Barrister Stephen Keim QC said the Federal Government is moving too quickly with proposed changes.

"That causes me real concern because this type of legislation shouldn't be rushed through the parliament and if we are talking about passing something through parliament within weeks then that meets my definition of rushing it through parliament," he said.

"Lawyers associations, police associations, academics, journalists who may be affected - everybody - should have the proper opportunity to study the legislation and make submissions."

Other planned changes include new provisions allowing the Government to enforce three-week suspensions of the passports of Australians who are suspected to be planning to "prejudice the security of Australia or a foreign country".

Also proposed are new laws to better keep track of terrorist organisations, such as when they change their name, and a provision for it to be made illegal for Australians to travel to certain places overseas except to do humanitarian or government work.

These banned areas could be smaller than entire countries or even straddle national borders.

Attorney-General George Brandis said in Brisbane on Saturday that ASIO and the AFP had expressed a "high level of satisfaction" with the proposed legislation, but the AFP had asked the Government for amendments to allow "expedited control orders".

He provided no details of the proposed amendments.

"The Australian people expect the Government to act strongly here," Senator Brandis said.

"They don't expect to see us mucking around."

Justice Minister Michael Keenan said there would be "an enormous number of safeguards" in the legislation, without providing details.

New South Wales Attorney-General Brad Hazzard said the Baird Government was fully supportive of the new measures.

"The NSW government is backing the Federal Government's request for extension of the powers and in the current circumstances we consider that's appropriate," he said.

"Obviously the laws have been in place for ten years, they allow detention in certain circumstances and they'll be exercised cautiously and carefully."

Topics: terrorism, unrest-conflict-and-war, government-and-politics, federal-government, defence-and-national-security, parliament, laws, law-crime-and-justice, australia, brisbane-4000, qld, sydney-2000, nsw

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