Attorney-General Philip Ruddock today announced the Australian Law Reform Commission (ALRC) will review Schedule 7 of the Anti­Terrorism Act (No. 2) 2005 and the provisions of Part IIA of the Crimes Act 1914. The Terms of Reference are not yet on the website, but I’ve copied them over the fold. Interesting that the terms ‘freedom of speech’ and ‘freedom of artistic expression’ don’t make their way onto the terms of reference at all, since that was part of the public debate that led to the reference. But certainly ‘any related matter’ is broad enough to cover those issues.

It’s a really tight timetable though – the press release says that the ALRC has to report by May 2006. Doesn’t the government want a real review?
Here’s a quote from the Terms of Reference:

I, Philip Ruddock, Attorney-General of Australia, having regard to:

  • the circumstances in which individuals or organisations intentionally urge others
    to use force or violence against any group within the community, against
    Australians overseas, against Australia’s forces overseas or in support of an
    enemy at war with Australia; and
  • the practical difficulties involved in proving a specific intention to urge violence
    or acts of terrorism;

refer to the Australian Law Reform Commission (‘the Commission’) for inquiry and report, pursuant to subsection 20(1) of the Australian Law Reform Commission Act 1996, the operation of Schedule 7 of the Anti-Terrorism Act (No. 2) 2005 and Part IIA of the Crimes Act 1914.
1. In performing its functions in relation to this reference, the Commission will consider:
(a) whether the amendments in Schedule 7 of the Anti-Terrorism Act (No. 2) 2005, including the sedition offence and defences in sections 80.2 and 80.3 of the Criminal Code Act 1995, effectively address the problem of urging the use of force or violence;
(b) whether ‘sedition’ is the appropriate term to identify this conduct;
(c) whether Part IIA of the Crimes Act 1914, as amended, is effective to address the problem of organisations that advocate or encourage the use of force or violence to achieve political objectives; and
(d) any related matter.

1:50 pm - posted by . Categories: Aus , Law , Uncategorized
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