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In this timely and important book, Andrew Lynch and George Williams provide a clear and accessible guide to the major components of Australia’s anti-terrorism laws and their effects. They show readers: what constitutes a crime of terrorism in Australia, what powers our main intelligence agency has to question and detain members of the community, what happens when the authorities seek a control order or an order of preventative detention over an individual, what speech risks making a person liable for the crime of sedition, how judicial processes have been modified for the trial of people charged with terrorism offences Lynch and Williams have contributed vigorously to the public debate since September 11. In What Price Security? they argue that Australia has gone too far in limiting civil rights in the name of anti-terrorism. “In fighting the ‘war on terror’,” they write, “it is vital that we do not allow ourselves to become the victim of our own fears.”
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BRIEFINGS
BRIEFINGS WHAT PRICE SECURITY?
Australia’s anti-terror laws are attracting renewed controversy as the legal system grapples with new crimes and the growing role of intelligence agencies. In just five years the Australian parliament has created 37 pieces of legislation dealing directly with terrorism – laws limiting freedom of speech and creating new categories of crime and new ways of dealing with suspects. With so much change in such a short time it is difficult for Australians to judge the impact on their freedoms or to understand how the law works. In this book Andrew Lynch and George Williams provide a clear and accessible guide to the key components of Australia’s anti-terrorism laws.
Andrew Lynch and George Williams have made major contributions to the public debate since September 11. In this book they examine whether Australia has gone too far in limiting democratic rights in the fight against terrorism.
LYNCH & WILLIAMS
What Price Security? examines the new crimes of terrorism and the powers ASIO has to question and detain members of the community. It discusses sedition, control orders, preventative detention and how judicial processes have been modified to deal with terrorism offences.
UNSW PRESS
What Price Security?
ISBN 0-86840-909-X
BRIEFINGS A series of short, topical books exploring social, political and cultural issues in contemporary Australia, published in association with Australian Policy Online, www.apo.org.au
Taking Stock of Australia’s Anti-Terror Laws 9 780868 409092
UNSW PRESS
Andrew Lynch & George Williams
WHAT PRICE SECURITY? TAKING STOCK OF AUSTRALIA’S ANTI-TERROR LAWS
Andrew Lynch is the Director of the Terrorism and Law Project at the Gilbert + Tobin Centre of Public Law and a Senior Lecturer in the Faculty of Law, University of New South Wales. George Williams is the Anthony Mason Professor and Director of the Gilbert + Tobin Centre of Public Law at the Faculty of Law, University of New South Wales.
BRIEFINGS A series of topical books exploring social, political and cultural issues in contemporary Australia Series editors: Peter Browne and Julian Thomas Australian Policy Online (www.apo.org.au) Institute for Social Research, Swinburne University of Technology
What Price Security? Taking Stock of Australia’s Anti-Terror Laws ANDREW LYNCH & GEORGE WILLIAMS
A UNSW Press book Published by University of New South Wales Press Ltd University of New South Wales Sydney NSW 2052 AUSTRALIA www.unswpress.com.au © Andrew Lynch and George Williams 2006 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should