THE suggestion made by Home Minister Datuk Seri Dr Ahmad Zahid
Hamidi to create new preventive laws to tackle terror threats is highly
appreciated.
The government can look at security legislation in Australia to draft
new security laws. Australia has long played a pivotal role by creating
legislation on counter-terrorism, national security and other
cross-jurisdictional offences.
The Australian Security Intelligence Organisation Act 1979 sets out
the functions of the Australia Security Intelligence Organisation
(ASIO), Australia's security service. This law empowers ASIO to obtain
warrants for surveillance and to detain and question a person who may
have information important to the gathering of intelligence in relation
to a terrorist activity.
The Crimes Act 1914 deals with crime, the powers of the authorities
to investigate it and related issues including sabotage, treachery,
disclosure of information and other issues.
The Crimes (Foreign Incursions and Recruitment) Act 1978 covers
offences prohibiting Australian citizens and residents from engaging in
hostile activities in a foreign state and recruiting people to do so.
The Criminal Code Act 1995 covers terrorism and terrorism related acts.
The Surveillance Devices Act 2004 sets out procedures for officers to
obtain warrants, emergency authorisations and tracking device
authorisations for the installation and use of surveillance devices in
criminal investigations and other initiatives.
The Telecommunications (Interception and Access) Act 1979 permits
ASIO to intercept telecommunications under warrant for intelligence
gathering including in relation to threats of terrorism.
It also provides authority, where a warrant is obtained for
Australian law enforcement bodies to intercept telecommunications in
investigations into serious offences, including a range of terrorism
offences.
It is expected there will be some conflict between security laws and
human rights. The laws because of their very nature restrict freedom,
rights and in some cases, liberty. For national security purposes, we
sometimes have to sacrifice some liberties to protect the sovereignty of
our nation.
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