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Treasurer Peter Costello says he won’t know if HoWARd’s terror laws are constitutional until there has been a challenge in the High Court<\/a>. He’s not wrong. Australia has no Bill of Rights which defines limits on government power. Citizens do have some rights, but only those established by precedent in case law.<\/p>\n If we had a Bill of Rights, in a case where the government enacts law which exceeds its authority, it would be possible to sue the government to have a decision on the questionable law rendered in the courts, against defined limits on government power. Without a Bill of Rights, someone prosecuted under the laws has to suffer through a test case.<\/p>\n However, if police are given power to shoot-to-kill people only suspected of illegal activity, that person is fully deprived of due process. There’s no redress and being a test case is just a tick<\/em> undesirable. <\/p>\n HoWARd’s terror legislation is extraordinary in that in any application of these laws, a person would suffer unusually and would have extreme difficulty challenging them. There is a very good chance that the government could even prevent a test case from ever making it to the High Court. <\/p>\n Peter Beatty, Steve Bracks<\/a> and Paul Lennon<\/a> have expressed reservations about the proposed laws. HoWARd is heavily engaged in lobbying the Premiers and Chief Ministers to get them to acquiesce to these police-state powers. <\/p>\n You should be lobbying them, too. <\/p>\n Dear Premier\/Chief Minister<\/p>\n I am most concerned about John Howard’s proposed terrorism laws. The unchecked powers to detain, surveil and to shoot-to-kill persons who are merely suspected<\/em> of criminal activity, as well as removal of right to legal counsel and to inform one’s family of being detained are completely unacceptable in a first-world democracy. <\/p>\n There must be checks and safeguards made available to suspects under this legislation, to at very least conform with international human rights standards. A person must be able to contact their family and have a right to legal representation. Police shooting to kill without warning must only be permissible when there is a clear and present danger to life- not a mere suspicion of wrongdoing. <\/p>\n There are already laws in effect which define and prohibit terrorist activities. The government is in effect asking for the power to detain and surveil persons who cannot<\/em> be demonstrated to a magistrate to be involved in terrorism activities as they are currently defined. The government wants the power to detain innocents and hold them incommunicado- powers the government shouldn’t have for ten seconds<\/em>, much less the proposed 10 years until the sunset provision takes effect. <\/p>\n The most disturbing of Howard’s proposals concern the redefinition of the offence of sedition<\/em>. The draft legislation proposes to eliminate the test of ‘overthrowing the government by force’ as one of the necessarily intended goals of a person prosecuted under the law. <\/p>\n All one need do under the Howard proposal is to ‘urge disaffection against the Government’ to be guilty of sedition<\/em>. This specification could very easily be interpreted by a court as a prohibition of letter you are now reading. The change is an unacceptable prior restraint on free speech. This restraint would also prevent the proper operation of a free press. <\/p>\n Through the deportation of Scott Parkin, a well-known pacifist and peace activist, it is clear that this government will abuse its authority to protect itself from public criticism. It is not unimaginable that public comment critical of government policy could be deemed sedition<\/em>. <\/p>\n Please work to oppose the Howard terrorism law proposals. There is no threat at present which justifies a police-state or martial law in Australia. Restricting civil liberties in the face of a perceived threat to civil liberties at the hands of terrorists is not only illogical but counterproductive. Please help to preserve our freedoms in Australia.<\/p>\n Regards <\/p>\n (your signature)<\/p>\n<\/blockquote>\n Contact details for Premiers and Chief Ministers, for your convenience: <\/p>\n Steve Bracks – Victoria<\/strong> Ph (03) 9651 5000 email: premier@dpc.vic.gov.au<\/a> <\/p>\n Morris Iemma – New South Wales<\/strong> Phone (02) 9584 1788 Phone (02) 9228 5239 email: thepremier@www.nsw.gov.au<\/a> or lakemba@parliament.nsw.gov.au<\/a><\/p>\n <\/a> Phone: (07) 3224 4500 email: ThePremier@premiers.qld.gov.au<\/a> <\/p>\n Dr. Geoff Gallop – Western Australia<\/strong> Phone: (08) 9222 9888 email: wa-government@dpc.wa.gov.au<\/a> <\/p>\n Mike Rann – South Australia<\/strong> Phone: (08) 8463 3166 email: premier@saugov.sa.gov.au<\/a> <\/p>\n Paul Lennon – Tasmania<\/strong> Phone: (03) 6233 3464 email Paul Lennon<\/a><\/p>\n Jon Stanhope – Australian Capital Territory<\/strong> Telephone: 13 22 81 email: stanhope@act.gov.au<\/a> <\/p>\n Clare Martin – Northern Territory <\/strong> Telephone: (08) 8901 4000 email: chiefminister.nt@nt.gov.au<\/a> <\/p>\n Make sure our leaders know that you don’t<\/strong><\/em> want a police-state in Australia. If you don’t have easy access to a fax machine, I am happy to forward faxes on this issue. Compose your letter in MS Word or scan it into a JPG or PDF file and send it to me via email<\/a> and I will fax it as soon as I receive it.<\/p>\n -weez <\/p>\n\n
Office of the Premier
1 Treasury Place
Melbourne
Australia 3000<\/p>\n
Fax (03) 9651 5054 <\/p>\n
Electorate Office:
48 Thurlow Street,
Riverwood NSW 2210
PO Box 1200,
RIVERWOOD NSW 2210<\/p>\n
Fax (02) 9584 1945
<\/a>
Ministerial Office:
Level 40 Governor Macquarie Tower
1 Farrer Place SYDNEY NSW 2000<\/p>\n
Fax (02) 9228 3934 <\/p>\n
Peter Beatty – Queensland<\/strong>
Office of the Premier
PO Box 15185
City East
Queensland 4002<\/p>\n
Fax: (07) 3221 3631<\/p>\n
197 St George’s Terrace,
Perth, WA 6000<\/p>\n
Fax: (08) 9322 1213<\/p>\n
State Administration Centre
200 Victoria Square
Adelaide SA 5000<\/p>\n
Fax: (08) 8463 3168<\/p>\n
Premiers Office
Department of Premier and Cabinet
11th Floor, 15 Murray St, Hobart
GPO Box 123B
Hobart Tasmania 7001<\/p>\n
Fax: (03) 6234 1572 <\/p>\n
Chief Minister’s Department
GPO Box 158
Canberra ACT 2601<\/p>\n
Fax: (02) 6207 5886<\/p>\n
GPO Box 3146
Darwin NT 0801<\/p>\n
Facsimile: (08) 8901 4099<\/p>\n