Australian Security Intelligence Organisation Legislation Amendment
(Terrorism) Bill 2002 and related matters
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TABLE OF CONTENTS
Members of the References Committee (PDF format)
Terms of Reference
Recommendations
Abbreviations
Foreword
CHAPTER 1 (PDF format)
INTRODUCTION
Background
Conduct of the inquiry
Scope of the report
Acknowledgements
Note on references
CHAPTER 2 (PDF format)
THE BILL
Introduction
Warrants for questioning
Powers and duties of the prescribed authority
Search of people detained
Extension of detention
Offences
Safeguards and accountability measures
Amendments to the Bill following the PJCAAD's report
CHAPTER 3 (PDF format)
EXTENSION OF ASIO'S POWERS
Introduction
Overview
Intelligence
Terrorism.
Intelligence v prosecution
CHAPTER 4 (PDF format)
CONSTITUTIONAL BASES
Introduction
The defence power
The external affairs power
The implied incidental power
The implied self-protection power
Observations
The referral of powers from the States to the Commonwealth
Conclusion
CHAPTER 5 (PDF format)
WARRANTS
The Bill
CHAPTER 6 (PDF format)
QUESTIONING
The role of the prescribed authority
Legal representation
Periods of questioning
The right to silence and privilege against self-incrimination
Possible exemptions from the duty to disclose
CHAPTER 7 (PDF format)
DETENTION
A central issue
Purpose
Constitutional issues
Referral of powers from the States
International law issues
Application of these issues
Alternative model
Practical issues
CHAPTER 8 (PDF format)
ALTERNATIVE MODELS
The questioning agency
The Prescribed Authority
CHAPTER 9 (PDF format)
PROTOCOLS AND SAFEGUARDS
Written protocols
Current safeguards in the Bill
Enforcement of safeguards
Judicial review
Annual reporting
A sunset clause
CHAPTER 10 (PDF format)
CHILDREN
The proposal
Evidence to the Committee
Searches
Summary
CHAPTER 11 (PDF format)
THE COMMITTEE'S CONCLUSIONS
Prescribed Authority
The issue of warrants
Questioning
Time limits for questioning
Legal representation
Use of evidence
Protocols and safeguards
Written protocols
Children
ADDITIONAL COMMENTS AND POINTS OF DISSENT BY SENATOR BRIAN GREIG ON
BEHALF OF THE AUSTRALIAN DEMOCRATS (PDF format)
The Right to Silence and Privilege Against Self-Incrimination:
Legal Representation:
Detention of Non-Suspects:
Children:
Constitutionality:
Absence of a Bill of Rights:
Accountability of ASIO:
Sunset Clause:
Conclusion:
AUSTRALIAN GREENS MINORITY REPORT (PDF format)
APPENDIX 1 (PDF format)
Organisations and Individuals that Provided the Committee with Submissions
APPENDIX 2 (PDF format)
WITNESSES WHO APPEARED BEFORE THE COMMITTEE
Canberra, Tuesday 12 November 2002
Canberra, Wednesday 13 November 2002
Canberra, Thursday 14 November 2002
Canberra, Monday 18 November 2002
Melbourne, Friday 22 November 2002
Sydney, Tuesday 26 November 2002
Submissions (PDF format)
To download the complete report (PDF format 795KB)