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senate vote 2014-11-26#3

Edited by mackay

on 2014-11-28 18:37:30

Title

Description

  • The majority disagreed that a [new section](http://www.openaustralia.org.au/senate/?gid=2014-11-26.39.1) should be included in the bill that stated:
  • > *In performing its functions, [ASIS](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) must not engage in any conduct that would be contrary to Australia's obligations under the [Convention Against Torture](http://en.wikipedia.org/wiki/Convention_Against_Torture).*
  • Attorney General [George Brandis](https://theyvoteforyou.org.au/people/senate/queensland/george_brandis) [said](http://www.openaustralia.org.au/senate/?gid=2014-11-26.26.1) that it was an unnecessary amendment.
  • ### Background to the bill
  • This [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s982) is the third that has been introduced since mid-2014. A number of incidents have happened before and during the course of the introduction of these bills.
  • There was [one of the biggest counter-terrorism operations](http://www.abc.net.au/news/2014-09-18/authorities-thwart-beheading-plot-in-australias-biggest-raid/5754276) in Australian history. The Prime Minister [Tony Abbott](https://theyvoteforyou.org.au/people/representatives/warringah/tony_abbott) also confirmed that Australia would be [sending the military to Iraq](http://www.abc.net.au/news/2014-10-15/special-forces-could-move-into-iraq-within-days-abbott/5815534) to fight the [Islamic State](http://en.wikipedia.org/wiki/Islamic_State_of_Iraq_and_the_Levant) (IS) (also known as the Islamic State of Iraq and Syria (ISIS) or the Islamic State of Iraq and the Levant (ISIL)).
  • The scope of this bill is narrower than the earlier two but, as mentioned above, some of its measures are "significant and warrant close scrutiny" (see [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd050)). In particular, the proposed expansion of the [control order](http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/Controlorders.aspx) regime and measures that would allow the heads of [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS), [Australian Signals Directorate](http://en.wikipedia.org/wiki/Australian_Signals_Directorate) (ASD) and [Australian Geospatial-Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Geospatial-Intelligence_Organisation) (AGO) to authorise activities in place of ministers in emergency circumstances.
  • The scope of this bill is narrower than the earlier two but some of its measures are "significant and warrant close scrutiny" (see [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd050)). In particular, the proposed expansion of the [control order](http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/Controlorders.aspx) regime and measures that would allow the heads of [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS), [Australian Signals Directorate](http://en.wikipedia.org/wiki/Australian_Signals_Directorate) (ASD) and [Australian Geospatial-Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Geospatial-Intelligence_Organisation) (AGO) to authorise activities in place of ministers in emergency circumstances.
senate vote 2014-11-26#3

Edited by mackay

on 2014-11-28 14:51:58

Title

  • Bills — Counter-Terrorism Legislation Amendment Bill (No. 1) 2014; in Committee
  • Counter-Terrorism Legislation Amendment Bill (No. 1) 2014 - in Committee - Include torture prohibition

Description

  • <p class="speaker">Penny Wright</p>
  • <p>():</p>
  • <p class="italic">(9) Schedule 2, page 12 (after line 11), after item 2, insert:</p>
  • The majority disagreed that a [new section](http://www.openaustralia.org.au/senate/?gid=2014-11-26.39.1) should be included in the bill that stated:
  • > *In performing its functions, [ASIS](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) must not engage in any conduct that would be contrary to Australia's obligations under the [Convention Against Torture](http://en.wikipedia.org/wiki/Convention_Against_Torture).*
  • Attorney General [George Brandis](https://theyvoteforyou.org.au/people/senate/queensland/george_brandis) [said](http://www.openaustralia.org.au/senate/?gid=2014-11-26.26.1) that it was an unnecessary amendment.
  • ### Background to the bill
  • This [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/s982) is the third that has been introduced since mid-2014. A number of incidents have happened before and during the course of the introduction of these bills.
  • There was [one of the biggest counter-terrorism operations](http://www.abc.net.au/news/2014-09-18/authorities-thwart-beheading-plot-in-australias-biggest-raid/5754276) in Australian history. The Prime Minister [Tony Abbott](https://theyvoteforyou.org.au/people/representatives/warringah/tony_abbott) also confirmed that Australia would be [sending the military to Iraq](http://www.abc.net.au/news/2014-10-15/special-forces-could-move-into-iraq-within-days-abbott/5815534) to fight the [Islamic State](http://en.wikipedia.org/wiki/Islamic_State_of_Iraq_and_the_Levant) (IS) (also known as the Islamic State of Iraq and Syria (ISIS) or the Islamic State of Iraq and the Levant (ISIL)).
  • The scope of this bill is narrower than the earlier two but, as mentioned above, some of its measures are "significant and warrant close scrutiny" (see [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1415a/15bd050)). In particular, the proposed expansion of the [control order](http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/Controlorders.aspx) regime and measures that would allow the heads of [Australian Secret Intelligence Service](http://en.wikipedia.org/wiki/Australian_Secret_Intelligence_Service) (ASIS), [Australian Signals Directorate](http://en.wikipedia.org/wiki/Australian_Signals_Directorate) (ASD) and [Australian Geospatial-Intelligence Organisation](http://en.wikipedia.org/wiki/Australian_Geospatial-Intelligence_Organisation) (AGO) to authorise activities in place of ministers in emergency circumstances.
  • <p class="italic">2A After section 6</p>
  • <p class="italic">&#160;&#160;Insert:</p>
  • <p class="italic">&#160;&#160;6AA Convention Against Torture</p>
  • <p class="italic">&#160;&#160;&#160;&#160;&#160;In performing its functions, ASIS must not engage in any conduct that would be contrary to Australia's obligations under the Convention Against Torture.</p>
  • <p class="speaker">George Brandis</p>
  • <p>This amendment would add a specific prohibition against torture. For reasons that have been thoroughly canvassed in the debate on the previous amendment, the government does not support the amendment. The same issue arises in relation to this amendment as arose in relation to the last amendment, and I will not repeat what I had to say in those remarks.</p>
  • <p class="speaker">Penny Wright</p>
  • <p>I have moved this Greens amendment because I am concerned that there remains an ambiguity. I am concerned as to why the government is willing to allow this ambiguity to remain in terms of activities undertaken by ASIS officers outside Australia in situations where potentially there may be things done in our name that certainly most Australians would be very unhappy to know were occurring. That said, I am moving the amendment.</p>
  • <p class="speaker">Zed Seselja</p>
  • <p>The question is that amendment (9) be agreed to.</p>