Handbook

This subject aims to introduce students to the fundamentals of Australian anti-terrorism law and situate that in a theoretical and comparative context. Students will acquire specific knowledge about particular aspects of the legislative counter-terrorism framework arrived at by the Commonwealth with the agreement of States and self-governing Territories. In doing so, students will also gain an understanding of how these reflect or are discordant with the theoretical arguments around the securing of the state and the preservation of important civil liberties such as freedom of movement, association and speech. The role of the judiciary and legislature as checks upon executive overreach in responding to the threat of terrorism is also a theme throughout the course.

Main Topics

• Setting the Scene: The International Community Responds to September 11
• Security and Rights - Beyond Balance?
• The Commonwealth's Legislative Power and the Modern Threat of Terrorism
• Overview of the Four Phases of Terrorism Law-making in Australia
• Defining 'Terrorism' - The Impossible Challenge?
• The Power of ASIO to Monitor, Question and Detain - Rights and Processes
• New Criminal Offences - Part 5.3 of the Commonwealth Criminal Code
• What is a 'terrorist organisation'? The power of proscription
• The Terrorism Offences and the Scope of Criminal Responsibility
• Prosecuting Terrorists - the National Security Information Act and Judicial Process
• The National Security Information Act and Freedom of Speech
• Sedition and Other Restrictions on 'Terrorist' Materials
• The Constitutionality of Speech Restrictions for National Security
• Preventative Detention - History, Policy and Theory
• Preventative Detention - Substance and Legality
• Control Orders - Their United Kingdom Origins
• Control Orders in Australia - Their Form and Implications
• The Constitutionality of Control Orders and Preventative Justice in the High Court
• The Future for Australian Anti-Terrorism Law - Content and Process