BOB CARR’S BAD NEWS FOR NUISANCES: THE TERRORISM (POLICE POWERS) ACT

Last December the Carr government pushed through its war-on-terrorism legislation. It would have been the final insult for any remaining old-style Labor voters. Carr’s obviously just aiming for the paranoid vote now. The Terrorism (Police Powers) Act gives the police special powers over people suspected of ‘terrorist acts’. Let’s have a quick look. There’s a printed copy at the Environment Centre, or you can find it on the NSW government website: www.nsw.gov.au

The key words are ‘terrorist act’, target’ and ‘authorisation’. A terrorist act is an action done with the intention of advancing a political, religious or ideological cause, and done with the intention of coercing a government or intimidating the public. It’s an action which causes harm to a person or property, or creates a health risk, or interferes with an electronic system. The Act says ‘advocacy, protest, dissent or industrial action’ is not included as a terrorist act. It remains to be seen how this is applied. Last November, before the Act was passed, Carr accused intending protesters against the WTO meeting of condoning and sponsoring violence. Will a political march or industrial protest be seen as creating a risk to public safety, or intending to advance a political, religious or ideological cause? Since when is a terrorist act not a protest or an act of dissent? An authorisation is an approval to use special police powers over targets where there are reasonable grounds for believing there has been an involvement in a terrorist act. A target is a person or vehicle or area suspected with ‘reasonable grounds’ of being involved in an imminent or past terrorist act.

The authorisation can be made in writing or verbally by a police officer above superintendent. It can last for 7 days in the case of a suspected imminent terrorist act, or 24 hours in the case of a suspected past act. The Police Minister – the lovely Michael Costa – must give concurrence to the authorisation, if he’s around.

The authorisation gives police the following powers:

  • They can make you disclose your identity if they suspect you of being a target, or if you are in an area which is a target. The penalty for resisting or giving false information is 12 months jail.
  • They can, without a warrant, search you if they suspect you of being a target, or if you are in a vehicle suspected of being a target, or if you are in an area which is a target. They can detain you for as long as the search takes. If you’re suspected of being a target, you can be strip-searched. If you’re aged 10 to 18, or if you have impaired mental functioning, your parent or guardian has to be present. If you are not suspected of being a target but you’re in a vehicle or an area, you can only be frisked and your belongings searched. Your premises can be searched without a warrant if you are a suspected target, if a suspected target vehicle is on the premises, or if the premises are in a target area.
  • They can seize things if the things are suspected of having been used in a terrorist act.
  • They, and anyone helping them, are allowed to use force as is ‘reasonably necessary.’ But if you obstruct them from carrying out their powers, you can be jailed for 2 years.

The Act has no sunset clause. It is to be reviewed every 12 months. An authorisation cannot be challenged, reviewed or called into question before any court or tribunal. Remember Singapore and Malaysia’s Internal Security Acts? Let’s make sure this act doesn’t get any more amendments in the future, like detention without charge. Do we trust Carr and Costa to not abuse state power? What does it mean for people like us? Still, we can live in hope that George Bush, Tony Blair and John Howard might lob in Sydney and get strip-searched. Comprehensively. Check the above definition of terrorist act one more time.