Bad Laws.
Disturbing story on Dateline entitled "The National Interest" (I don't know how long that link will live.)
Being in posession of a "thing" that pertains to the planning of a terrorist act is an offence with a penalty of up to fifteen years imprisonment, even if the person who was in posession of the "thing" did not themselves participate in the planning of the act. They do, however, have to have been aware that the "thing" pertained to the planning of a terrorist act. Okay. Sounds reasonable, right? They had knowledge of a terrorist plot, and as such, should have informed the authourities.
How it is determined whether they were aware that the "thing" that they posessed pertained to a terrorist act is concerning. The defence of a person charged with being in posession of a "thing" will hinge on whether those defending them can gain a security clearance to have access to Asio-sourced or other sensitive source evidence pertaining to the case. The security clearances are given under the purview of Asio/the Governor General's office.
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....
....
So.
The prosecution essentially gets to decide whether the defence gets to know what the "Thing" is, what the alleged terrorist plot consisted of, and how that proves that the defendant had knowledge of it. I cannot see how an effective defence can be mounted if security clearance is not granted.
I find it disturbing that someone charged with being in posession of a "thing" can be jailed for fifteen years without knowing what it was or why it was illegal.
As for "collecting or making a document likely to facilitate a terrorist act", (the next line below the highlighted "Posession of a thing" line in the link below.) the wording is so very vague. Given that it does not require intent, that passage describes almost any useful document. Maps, bus timetables, high school science texts... don't be collecting or making any of those!
I know that what I say is absurd, but only as absurd as the law as written.
I can't seem to find a legal definition of the term "thing" as used in the legislation. I would love to see one.
Being in posession of a "thing" that pertains to the planning of a terrorist act is an offence with a penalty of up to fifteen years imprisonment, even if the person who was in posession of the "thing" did not themselves participate in the planning of the act. They do, however, have to have been aware that the "thing" pertained to the planning of a terrorist act. Okay. Sounds reasonable, right? They had knowledge of a terrorist plot, and as such, should have informed the authourities.
How it is determined whether they were aware that the "thing" that they posessed pertained to a terrorist act is concerning. The defence of a person charged with being in posession of a "thing" will hinge on whether those defending them can gain a security clearance to have access to Asio-sourced or other sensitive source evidence pertaining to the case. The security clearances are given under the purview of Asio/the Governor General's office.
....
....
....
So.
The prosecution essentially gets to decide whether the defence gets to know what the "Thing" is, what the alleged terrorist plot consisted of, and how that proves that the defendant had knowledge of it. I cannot see how an effective defence can be mounted if security clearance is not granted.
I find it disturbing that someone charged with being in posession of a "thing" can be jailed for fifteen years without knowing what it was or why it was illegal.
As for "collecting or making a document likely to facilitate a terrorist act", (the next line below the highlighted "Posession of a thing" line in the link below.) the wording is so very vague. Given that it does not require intent, that passage describes almost any useful document. Maps, bus timetables, high school science texts... don't be collecting or making any of those!
I know that what I say is absurd, but only as absurd as the law as written.
I can't seem to find a legal definition of the term "thing" as used in the legislation. I would love to see one.
posted by Jac | 12:55 pm
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