So, it now seems like ASIO will be able to:
- arrest you for questioning with approval rubber-stamped by the AG (instead of a warrant after a judge being shown evidence)
- detain you indefinitely
If you are arrested or detained by ASIO, it’s now illegal to:
- tell someone that happened to you
- refuse to speak (rely on the right to silence)
This includes children as young as 14 years old—meaning they can’t tell their parent or guardian that they’ve been arrested.
Lawyers are permitted to be present during questioning, but I’m not sure if they are included in the “you can’t tell anyone” clause of the legislation, and the ASIO agents who are conducting the interrogation get to dictate how they advise and interact with their clients.
Your lawyer can also be removed if those ASIO agents decide they’re a “security risk”.
Your lawyer isn’t allowed to intervene during the interrogation (to tell you your rights, for example), and can only ask for the agents to clarify a question or ask for you to be able to have a break.
This legislation will also have no sunset clause. It’ll be permanent.
(this is only from a quick scan of the legislation, I’m sure there’s a bunch of other things I’m missing atm)
#AusPol #Australia #ASIO #HumanRights #AustraliaHasANaziProblem