BY DALE MILLS
SYDNEY — The Australian Security Intelligence Organisation (ASIO) Legislation Amendment (Terrorism) Act, which was passed on June 26, has been used for the first time to arrest and question a person.
The man's name has not been released. He was one of those whose homes were raided by ASIO after the deportation of Willie Brigitte.
He was detained and questioned in central Sydney during two eight-hour interviews. If he had refused to answer ASIO questions, hand over membership lists, or provide information on anyone he could have been sentenced to five years imprisonment. He was released without charge.
The November 8 Australian reported incorrectly that the "suspect" could have been held for "72 hours" without charge. The Fairfax press, the Age and the Sydney Morning Herald, on the same day had a two-page spread giving a sympathetic account of ASIO officers working for the noblest of motives ("patriotism and shared values"), indicating that media massage is in full swing to justify applying anti-democratic laws to Muslims.
The point of the legislation was that people could be detained without the police believing they had done anything wrong — that does not make them "suspects". Section 34D(3)(c) of the Act provides for seven days detention, not 72 hours. After that, he could have been subject to another detention, and another, indefinitely. A Greens' amendment to the law which would have prevented this was defeated by the Coalition and Labor when the law was passed.
The Australian reports that ASIO is expected to use their new powers again within days.
From Green Left Weekly, November 12, 2003.
Visit the Green Left Weekly home page.