ASIO laws could allow torture: Labor

The federal opposition is concerned that new national security laws could allow spies to torture espionage and terrorism suspects.

Shadow attorney-general Mark Dreyfus

Shadow attorney-general Mark Dreyfus (AAP)

Labor has questioned whether new anti-terrorism laws could allow Australian spy agencies to torture suspects.

The national security laws, which Attorney-General George Brandis introduced on July 16, give the Australian Security Intelligence Organisation broader powers and work more closely with other agencies such as the Australian Secret Intelligence Service.

One section of the bill entitled "Immunity from liability" appears to give ASIO scope to break the law when undertaking covert operations.

The government says this "limited immunity" would be subject to strict safeguards.

Shadow attorney-general Mark Dreyfus told AAP that while he was confident of the professionalism of security agencies, "if acts of torture might be permitted under these laws, then that's entirely unacceptable".

"If there's ambiguity here, we will seek an amendment to the bill to make clear that nothing in the act allows torture in any form," he said.

The laws should not overrule Australia's obligations under the international convention on torture or related legislation.

Liberal Democrats senator David Leyonhjelm told AAP he also believed the laws could allow ASIO to use torture.

"There is a basis for being cautious about terrorist threats, but the issue is: if they deprive us of our freedoms in the process, then what is the point of it?" Senator Leyonhjelm said.

"Our freedoms are what these people don't like. If we lose them in the process then they've actually won."

Senator Leyonhjelm said he had asked for a briefing from the attorney-general.

A bipartisan committee which looked at the national security bill has also recommended a number of changes to provide greater oversight of ASIO's work, including the immunity provision.


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