Posted June 07, 2019 08:29:17A proposed law in the Australian Senate would allow anyone to request a court order to restrict the activities of anyone they suspect of committing a crime, and it would be “very broad”.
Key points:The proposed legislation would be introduced to Parliament on June 9 and would not be debatedThe bill would have the effect of restricting people’s access to certain social media sites, websites, email accounts, and websites using softwareThe bill was passed unanimously on June 10The bill comes on the heels of a new Government bill, introduced last month, which would extend the period of detention for asylum seekers to three years.
Key pointsThe bill defines a crime to be “the unlawful act of committing, inciting or encouraging another person to commit an act of terrorism”.
“The offence of terrorism is defined in the Criminal Code as the unlawful act or omission by a person who is a member of a terrorist group to commit, incite or encourage another person, including an individual acting under the direct or indirect direction of that person, to commit the act,” the bill states.
“Terrorism includes an act committed by members of a group who are not members of the group, or an act that is motivated by a desire to cause harm or destruction, or for the purpose of intimidating or coercing another person.”
An act that constitutes terrorism is an act by or on behalf of a person which is likely to, or will, inflict serious injury to any person, or which may be likely to cause serious injury or destruction to any property or public amenity, or of which serious injury, destruction or inconvenience may reasonably be expected.””
The offences specified in the definition of terrorism are: criminal intimidation, causing death or injury to persons or property, causing serious injury and causing death, and causing damage to property.””
A person may be found guilty of a criminal offence when it is proven by a jury that the person was the intended target of the terrorist act.
“Under the proposed legislation, the term “terrorist group” would be used in its current meaning to include any person who “is part of, or engaged in, any armed or violent activity”.”
Members of a recognised terrorist group who commit or incite acts of terrorism may be convicted of a maximum of life imprisonment,” the proposed law states.
It does not specify the criteria that would be applied for those convicted of terrorist offences.”
Members may also be convicted if a court finds that the accused has committed an act in circumstances in which the person who committed the act was acting under circumstances that were likely to result in death or serious injury.
“It would also apply to anyone who “directly or indirectly” supports or supports the group that is alleged to have committed a crime.
The bill has been passed unanimously by the Senate’s Standing Committee on Justice and Human Rights.
It would allow a person to seek a court application to restrict their activity to certain websites, social media websites, emails accounts, or websites using Software, as well as to require them to register their email address with the Australian Government.”
The application for the warrant will require the applicant to provide evidence to a court in the court, including the name, address, telephone number and email address of the applicant,” the Bill states.
The Bill states that the information requested in the application would be kept secret, and that the application will be considered “proceedings of the court”.
The law would also allow the person seeking the court order “to make submissions to the court about any of the following matters”:The court may request the person to produce documents relating to the case to enable it to consider whether the person has been acting in good faith, or whether the applicant has breached the conditions of detention.
The court would be entitled to issue a warrant to compel the person “to produce the documents” and “any other relevant information or evidence, or to make a declaration in writing”.
The person would also be entitled “to submit a response to the application”, and to “submit to a hearing on the application”.
The process would not have any effect if the person does not comply with the court’s request.
The legislation does not provide a mechanism for a person or group to challenge the warrant or the process before the court.
The Government has argued that the process of seeking the warrant “may well be unreasonable and may cause unnecessary delays”.
But the bill’s sponsors, Senator Michael Sukkar and Senator Peter Dunne, said that the Government “will continue to seek the most effective means of protecting the safety of our people in this country”.”
We believe it is vital that we seek to protect our communities, and our families, from acts of terror that threaten our way of life, and to ensure that Australians can continue to exercise their right to freedom of speech, freedom of expression, and their right of assembly,” they said in a joint statement.”
This is why the Government will continue to work with other relevant governments to ensure we can