NSW police to get extra powers

BY DALE MILLS

SYDNEY — Police will be able to stop and search people without warrants
after the NSW ALP cabinet approved new “anti-terror” laws in November.
The laws are now being rushed through state parliament.

Among other things, NSW Premier Bob Carr is proposing to give himself
powers traditionally associated with federal government, as special powers
to “protect” the state.

The story was leaked to Sydney's Daily Telegraph, which published
an exclusive on November 19. The article explained that the Terrorism (Police
Powers) Bill would give the police commissioner, deputy commissioner or
any police officer above the rank of superintendent, special powers to
deal with any “person, vehicle, premises or area”. The word area was not
defined.

If a person was “identified” under the proposed laws, a general description
of that person would allow police to search for, arrest and detain someone
fitting it, even if there is no suspicion that he or she has committed
a crime. Police minister Mick Costa was quoted in the November 19 Sydney
Morning Herald as saying that a description of a person “of Middle
Eastern appearance” would not be sufficient to permit widespread searches.
Presumably, “a person with a beard and of Middle Eastern appearance” would
suffice.

The NSW government has also announced that laws which were in place
for the Olympics will be reinstated, allowing the state security services
to be supplemented by the army, navy or air force, potentially for repressing
protesters.

When the time limit of those detained under the proposed NSW law expires,
they could be released into the hands of the Australian Federal Police
or the Australian Security Intelligence Organisation (ASIO). Then the detention
clock would start ticking again.

The proposed new laws follow the October establishment of the NSW Counter-Terrorism
Coordination Command led by Chief Superintendent Norm Hazzard, and the
announcement that an extra $1.8 million would be spent on “improving” electronic
surveillance in NSW.

Carr is also proposing that the NSW Crime Commission, which has royal
commission-like powers, should involve itself in the surveillance of “terrorist”
suspects. The commission will appoint a full-time officer to liaise with
ASIO.

These are hardly the first attacks on civil liberties in NSW. Costa
achieved fame last month by calling for the banning of Indymedia web sites
based in Melbourne and Sydney, until the November 13-15 anti-WTO protests.

An increased police presence and aggression has also been noticeable
at NSW protests throughout the past year. An official complaint to the
NSW Ombudsman remains outstanding following the use of police horses at
the Sydney M1 demonstration this year, and it seems likely that a complaint
will be made following the No WTO demonstrations.

Visitors to Sydney's Oxford Street can also get used to harassment by
police “sniffer dogs”. Almost a year after the ALP government rushed through
legislation legalising the searches, no major supplier has been caught
by the use of sniffer dogs. The dogs cost NSW taxpayers $90,000 each, according
to the Redfern Legal Centre, which is collecting evidence from people on
the use of the dogs.

The laws seem designed to blur distinctions between protesters, Muslim
immigrants and terrorists. According to the November 21 Daily Telegraph,
one of the victims of the ASIO raids last month, Jaya Basri of Lakemba,
has been detained and sent to Villawood detention centre after “irregularities”
were discovered with his visa as a result of the raid.

The November 19 Daily Telegraph story interchanges the words
“terrorist” and “activist”.

The proposed NSW laws are based on British terrorism legislation. According
to an October 2 report by British human rights organisation Liberty, the
British government currently detains nine non-citizens without charge or
trial and has done so since Christmas 2001.

Britain’s Anti-Terrorism, Crime & Security Act also allows the security
services to trawl through all government files at will; demand disclosure
of activists' files, phone and fax use; and lay charges against activists
who do not reveal information about “terrorism” when questioned.

As the ALP prepares to pass this legislation, a state cabinet sub-committee
has reportedly been receiving security briefings from an FBI expert. It
seems almost as if Carr has been watching too many American TV shows about
cops, spies and the secret service. Let's just hope he doesn't start watching
the X Files.

From Green Left Weekly, November 27, 2002.

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From GLW issue 518