On 11 September 2009, eight years after the events of the events of 11 September 2001, the HRLRC made a Submission to the Senate Legal and Constitutional Affairs Committee regarding the Anti-Terrorism Laws Reform Bill 2009 (Cth).
The submission notes that, in those eight years, the Australian Government has introduced 44 pieces of ‘anti terrorism’ legislation. It further notes that, in the absence of a federal charter of rights, many of these laws have not been adequately assessed against, or counterbalanced by, human rights considerations and obligations.
It is important that, in establishing a legislative framework that seeks to ensure the security of individuals, the State does not legislate or exercise powers in a manner that unnecessarily or disproportionately infringes upon fundamental human rights.
In this regard, the submission strongly welcomes the introduction of the Anti-Terrorism Laws Reform Bill. The Bill contains the most progressive amendments of Australian counter-terror laws to date, removing or ameliorating many of the most draconian aspects of Australia’s counter-terrorism legislative framework. It also incorporates many important recommendations adopted by recent review committees, in particular the Security Legislation Review Committee.
Finally, the submission makes one important recommendation regarding the definition of ‘terrorist act’, which it considers could strengthen the Bill.
