The proposed anti-terror laws are set to be introduced to parliament on Wednesday, almost one week after the largest counter-terror operation in Australian history.
Under the proposed laws, radical preachers who encourage others to engage in extremist acts could be jailed for up to five years, while it will also be illegal for anyone to advocate a terrorist act.
The proposed laws have raised concerns in the community, with Liberal Democratic Senator David Leyonhjelm fearing they may open the door to torture by the Australian Security Intelligence Organisation (ASIO).
“Temperature extremes, sensory bombardment, sensory deprivation, sleep deprivation, drugging and other psychological and physical torture techniques that fall short of causing death or serious injury will be allowed under this bill,” Senator Leyonhjelm told Fairfax Media.
“Even electrical shocks may be permitted.”
The concerns have been dismissed by Mr Brandis, who told media on Monday that he had amended the laws to clarify the issue.
Speaking from Canberra with new spy chief Duncan Lewis, Mr Brandis said he had included a “specific prohibition in relation to torture”.
“ASIO has no power to engage in that practise,” he said.
“Torture is against Australian law, no operation which authorized torture could ever be validly authorised under the powers that ASIO has.
“Nevertheless, I don’t want the discussion of this important issue to be diverted by an issue that is effectively a red herring.”
The amendment will prohibit any action which “constitutes torture”, something which Major General Lewis says the spy organisation has never engaged in.
“The Australian Government has never and will not support torture,” he said.
New powers to be outlined in the laws include Foreign Minister Julie Bishop being able to declare regions or cities in countries where terror groups are active as proscribed places.
Those who travel to or remain in those areas would be liable to prosecution unless they could supply a valid explanation for their travel, such as visiting a family member or conducting humanitarian relief.
Mr Brandis told media that the two packages of proposed laws will be amended to sunset on 2025, instead of the initial 2015 time frame.
- with AAP.
