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this post was submitted on 19 Oct 2023
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This is the best summary I could come up with:
These preventive detention orders were acknowledged to significantly infringe on human rights, but were justified by the extraordinary terror threat Australia faced at that time.
The laws also introduced the power to make control orders – which can include curfews, travel bans, tracking device requirements, and prohibitions on speaking to particular people or going to certain places – to prevent a future crime.
The powers were supposed to cease in December 2015, after a decade, but have been extended four times since and were due to lapse at the end of this year.
Rosalind Croucher, the AHRC’s president, said the proposition of holding on to extraordinary powers “just in case” they were needed at some later point was not very convincing.
“We have drawn attention to the change in the security environment, but that’s not our primary reason for wanting these laws to sunset,” said the AHRC’s deputy director legal, Graeme Edgerton.
“I think we have to be conscious in this that we are dealing with fallible institutions, and to be perfectly frank, the role of the AFP in that case demonstrated the risks of having [overly] broad powers.”
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