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Detaining Questions or Compromising Constitutionality? : The ASIO Legislation Amendment (Terrorism) Act 2003 (CTH)

journal contribution
posted on 2023-05-25, 21:33 authored by Carne, G
The extensively amended Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (Cth) ('ASIO (Terrorism) Act 2003'), having first been introduced into Parliament in March 2002, was eventually passed after a Government 'compromise' aimed at achieving Opposition support. The final version of the legislation is remarkable not only because the Commonwealth Parliament has enacted a secret, renewable,incommunicado regime of detention and questioning of persons not suspected of any terrorism offence (for the purposes of the gathering of intelligence), but also because significant questions of constitutionality persist following the June 2003 amendments made to the Bill.

History

Publication title

UNSW Law Journal

Volume

27

Article number

2

Number

2

Pagination

524-578

ISSN

0313-0096

Publication status

  • Published

Repository Status

  • Restricted

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