Page 4582 - Week 11 - Tuesday, 18 October 2011
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This ability to preventatively detain a person, and the consequences that flow from that detention, is what distinguishes this power from the existing powers of arrest in the ACT. The ACT’s powers of arrest without warrant allow for a police officer to arrest a person where they believe on reasonable grounds that the person has committed or is committing an offence. These powers and the application of the investigation powers currently contained in part 1C of the commonwealth Crimes Act would only allow for a suspected terrorist to be detained for a period of up to 24 hours to allow for the investigation and prevention of a terrorist offence.
With the increased complexity of and continually changing terrorist environment, 24 hours may simply be an inadequate period of time to allow our law enforcement officers to investigate and to prevent a terrorist act. That is why the ability to preventatively detain a person for up to 14 days is a necessary inclusion in the law. In effect, it provides police officers with sufficient time to prevent a terrorist act.
Given the potentially catastrophic consequences of a terrorist act on the people of the territory and the fact that there are appropriate safeguards in place requiring that the Supreme Court order that a person be preventively detained, the continuation of these powers is necessary to ensure that the ACT is adequately prepared to deal with a terrorist act should it arise. Likewise, the special stop, search and seizure authorisations provided by the act can be ordered by the court where it is satisfied on reasonable grounds that a terrorist act has happened within the last 28 days, is happening or will happen sometime within the next 14 days, and the authorisation will assist with the apprehension of a person responsible for the terrorist act, investigating the act or reducing its impact.
Like the preventative detention powers, these powers provide police with greater scope to investigate a terrorist act than is ordinarily provided for during a conventional criminal investigation. The scope of the ordinary police criminal investigative powers is limited to an individual person, vehicle or premises. However, due to the nature of terrorist activity, the terrorism act empowers police to apply for an authorisation to allow for police to undertake protective measures.
The key message in the international response against terrorism is preparedness and vigilance in the face of what is a continuing threat. A continuation of the terrorism act forms a key part of the territory’s role in maintaining this preparedness and vigilance. With the existing security climate, this obligation is ongoing, as the threat of terrorism is ever present.
Earlier this year the former Chief Minister announced that the territory would join other Australian jurisdictions in hosting the Asian Cup in 2015. The territory is expected to host six group games and a quarter final. Like any international sporting fixture, especially one with a profile like the Asian Cup, the government must ensure that we do everything possible to ensure that that sort of event is not marred by terrorist acts or other acts of violence. Also, we must ensure that sports fans, players and the community are not placed in danger. This is, of course, over and above the overriding and continuing issues we face because the territory is the seat of government and the home to many diplomatic missions.
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