Terrorism and surveillance
Australian intelligence services and police agencies have adopted the use of the phrase “politically motivated violence.” There are sections under this heading in ASIO’s Annual Reports. The Annual Reports have adopted the phrase from the Australian Security Intelligence Organisation Act 1979 (Cth).
Critics suggest that the breadth of the definition means that intelligence and police agencies have merged political protest action with terrorism, as both can be seen as variations on a spectrum of “politically motivated violence.” This is especially the case when such violence is defined to include damage to property, or the incidental infringement of laws at protests relating to setting up stalls, putting up posters or blocking traffic.
Counter-terrorism police have been used in the investigation and arrest of political activists, including those at the G20 protests in Melbourne. Past ASIO annual reports show that public protest action has been the subject of monitoring in relation to major events such as the visit of the Pope in 2008 and other dignitaries visiting Australia.
Criminal Code (Cth)
Under the Criminal Code Division 100.1 a ‘terrorist act’ is defined (paraphrasing somewhat) as
- an action (or threat) where it is made with the intention of advancing a political cause AND
- with the intention of coercing or influencing by intimidation a government or section of the public
AND
- it causes physical harm to a person, serious damage to property, creates a serious health and safety risk to the public or seriously interferes with, seriously disrupts, or destroys, an electronic system.
Despite wording in the section which seems to take ‘advocacy, protest, dissent or industrial action’ out of the definition of a terrorist act, it is clear that political protest can be classified as a terrorist act if it is intended to cause physical harm to a person, serious damage to property, etc.
Terrorism (Police Powers) Act 2002 (NSW)
The Terrorism (Police Powers) Act 2002 is an act of the NSW Parliament which allows a senior police officer to make an ‘authorisation’ so that police officers are given special powers. Essentially, it allows police officers to ‘lock down’ an area, allowing for people, their homes and workplaces to be cordoned off and searched. Section 13 of the Act says that an ‘authorisation’ of special powers may not be “challenged, reviewed, quashed or called into question on any grounds whatsoever” before any court or tribunal.
The legislation has a large overlap with the Cronulla riot powers, formally known as Part VIA of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
ASIO (Australian Security Intelligence Organisation)
ASIO has extensive powers under the ASIO Act to conduct surveillance operations, intercept phone calls, emails, film, photo and to use agents to infiltrate organisations are triggered by the threat of ’political motivated violence.’ Copies of the public version of ASIO's Annual Reports are available on the ASIO website.
Defence Act 1903 (Cth)
The Defence Act 1903 (Cth) was amended just before the Sydney Olympics in 2000 to give the federal Government power to call out troops without consulting the States in certain circumstances, such as when there was a likelihood of death, serious injury or serious damage to property. The troops have power under the Act to seize buildings, control means of transport, detain people, search premises, seize possessions and use “reasonable and necessary force.” Supporters of the Act say that it clarified the existing situation, while opponents said that it gave extra powers to the federal government.
Surveillance
ASIO, NSW Police and the Australian Federal Police have extensive surveillance powers. In addition to monitoring powers such as the interception of telephone calls and emails, these agencies use undercover police to collect information, as well as video people at protests.
The 2007-8 ASIO Annual Report noted that matters which led to protests during the reporting period included the APEC meetings held across Australia, the wars in Afghanistan and Iraq, climate change, global warming, the Talisman Sabre military exercises in Queensland and issues linked to the 2007 federal election. It is unknown if ASIO has been using human agents to infiltrate and collect "intelligence," but the police certainly have (see below).
Links to recent articles about the surveillance of activist groups can be found here.
