ASIO's questioning and detention powers : review of the operation, effectiveness and implications of Division 3 of Part III in the Australian Security Intelligence Organisation Act 1979 / Parliamentary Joint Committee on ASIO, ASIS and DSD
Published
Canberra : Parliament of the Commonwealth of Australia, 2005
1. Operation of the legislation -- 2. Questioning and detention regime -- 3. Legal representation and access to complaint mechanisms -- 4. Implications for the Muslim community -- 5. Implications for democratic and liberal processes -- 6. Continuation of the legislation -- Appendix A. List of submissions -- Appendix B. List of witnesses at private and public hearings -- Appendix C. History of the legislation -- Appendix D. Division 3 Part III of the ASIO Act 1979 -- Appendix E. The Protocol -- Appendix F. Statement given to witnesses concerning the giving of evidence to the Review of Division 3 Part III of the ASIO Act 1979
Summary
Division 3 of Part III of the ASIO Act enables ASIO to obtain a warrant from an 'issuing authority' for a person to appear before a 'prescribed authority' for questioning in order to obtain intelligence that is important in relation to a terrorism offence. A warrant may also provide for a person to be detained for questioning if there are reasonable grounds for believing that the person may alert someone involved in a terrorism offence, may not appear before the prescribed authority, or may destroy or damage evidence. The report recommends a range of additional measures if Division 3 of Part III of the ASIO Act is to continue to have effect beyond 23 July 2006. -- foreword
Analysis
Australian Security Intelligence Organisation
Australian Security Intelligence Organisation Act 1979
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003
Civil liberties
Complaints
Counter terrorist measures
Effectiveness
Imprisonment
Interviews
Key item
Legislative amendments
Muslim Australians
Police interrogation
Social impact
Sunset legislation
Notes
"November 2005"--T.p
At head of title: The Parliament of the Commonwealth of Australia
Chair: David Jull
Bibliography
Includes bibliographical references
Notes
Also available in an electronic version on the Internet. Address as of 27/03/06: http://www.aph.gov.au/house/committee/pjcaad/asio_ques_detention/report/report.pdf
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