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Monday, 21 October 2002
Page: 5457

Debate resumed from 17 October, on motion by Senator Abetz:

That this bill be now read a second time.

upon which Senator Faulkner had moved by way of an amendment:

At the end of the motion, add:

“But the Senate:

(a) notes with concern that:

(i) the Government's response to the report of the Parliamentary Joint Committee on ASIO, ASIS and DSD is inadequate;

(ii) the Government proposes that, for the first time, Australians not suspected of any offence could be detained by ASIO for questioning;

(iii) the Government proposes those detained by ASIO do not have the right to legal advice for the first 48 hours of their detention;

(iv) the Government proposes children can be detained by ASIO for questioning; and

(v) the Government's proposals will significantly change the role of ASIO by giving it powers of coercion and detention, and

(b) therefore refers the ASIO Legislation Amendment (Terrorism) Bill 2002, together with the following matters, to the Senate Legal and Constitutional References Committee for inquiry and report by 3 December 2002:

(i) the development of an alternative regime in which questioning to obtain intelligence relating to terrorism is conducted not by ASIO but by the AFP, including appropriate arrangements for detention of terrorist suspects, and questioning of persons not suspected of any offence;

(ii) the relationship between ASIO and the AFP in the investigation of terrorist activities or offences;

(iii) the adequacy of Australia's current information and intelligence gathering methods to investigate potential terrorist activities or offences;

(iv) recent overseas legislation dealing with the investigation of potential terrorist activities or offences; and

(v) whether the Bill in its current or amended form is constitutionally sound”.