Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 and related matters

N.B. All files are in PDF format. Adobe Acrobat Reader is required to view or print PDF documents and can be downloaded free of charge from Adobe.

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)