Not enough 'safeguards' in proposed new terror laws: Law Council

Terror laws

Minister for Home Affairs Peter Dutton looks on as Prime Minister Scott Morrison speaks to the media during a press conference in Sydney Source: AAP

The council says the federal government should explain why the current law is inadequate.


The body representing the Australian legal profession has warned of overreach in the Morrison government’s proposed new terror laws, which would allow Home Affairs minister Peter Dutton to revoke someone’s citizenship and deport them for any terror offence as long as he was “reasonably” sure they were citizens of another nation.

The reform would change the current law, which allows citizenship to be stripped if a convicted terrorist gets more than 6 years in prison.

The Morrison government will attempt to rush through the laws in the two sitting weeks before Christmas.

The Law Council understands the importance of having effective counter-terrorism laws to keep Australians safe. However, at all times, these laws must be both necessary and proportionate," Law Council president Morry Bailes said. 

"Measures to remove citizenship challenge key legal principles on which our democracy was founded, and therefore demand very careful consideration."

"The proposed automatic loss of citizenship and subsequent administrative action do not provide sufficient safeguards to accord with the rule of law, the presumption of innocence, the right to a fair trial, and the right of appeal."


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