Combined Arts Industries Welcomes Senate Report
The Senate Committee published its report on the Anti-Terror Bill 2005 today, with a unanimous position from all sides of politics seeking the removal of the sedition provisions pending an Australian Law Reform public inquiry. This is an exceptional result, and it is clear from the committee's report that the Arts Submission, and presentation to the Senate Inquiry, has been taken extremely seriously and had a significant impact.
The combined Arts Industries:
* welcomes the Committee's report and findings.
* support the recommendation to remove the sedition sections in their entirety
* support the call for an Australian Law Reform Commission inquiry into the need for sedition laws, an important opportunity for these ancient laws to be removed forever.
* do not support the alternative recommendation from the Committee, Recommendation # 29 below, as we feel the sedition provisions must be removes so that all Australians will be protected.
The Senate Report can be downloaded from:
http://www.aph.gov.au
The key recommendations are:
Recommendation 27
5.173 The committee recommends that Schedule 7 be removed from the Bill in its entirety.
Recommendation 28
5.174 The committee recommends that the Australian Law Reform Commission conduct a public inquiry into the appropriate legislative vehicle for addressing the issue of incitement to terrorism. This review should examine, among other matters, the need for sedition provisions such as those contained in Schedule 7, as well as the existing offences against the government and Constitution in Part II and Part IIA of the Crimes Act 1914.
Recommendation 29
5.176 If the above recommendation to remove Schedule 7 from the Bill is not accepted, the committee recommends that:
• proposed subsections 80.2(7) and 80.2(8) in Schedule 7 be amended to
require a link to force or violence and to remove the phrase ’by any means whatever’;
• all offences in proposed section 80.2 in Schedule 7 be amended to expressly require intentional urging; and
• proposed section 80.3 (the defence for acts done ’in good faith’) in Schedule 7 be amended to remove the words ’in good faith’ and extend the defence to include statements for journalistic, educational, artistic, scientific, religious or public interest purposes (along the lines of the defence in section 18D of the Racial Discrimination Act 1975).
Recommendation 30
5.233 The committee recommends that the amendments in Schedule 1 of the Bill, relating to advocacy of terrorism, be included in the proposed review by the Australian Law Reform Commission as recommended above in relation to Schedule 7.
The combined Arts Industries:
* welcomes the Committee's report and findings.
* support the recommendation to remove the sedition sections in their entirety
* support the call for an Australian Law Reform Commission inquiry into the need for sedition laws, an important opportunity for these ancient laws to be removed forever.
* do not support the alternative recommendation from the Committee, Recommendation # 29 below, as we feel the sedition provisions must be removes so that all Australians will be protected.
The Senate Report can be downloaded from:
http://www.aph.gov.au
The key recommendations are:
Recommendation 27
5.173 The committee recommends that Schedule 7 be removed from the Bill in its entirety.
Recommendation 28
5.174 The committee recommends that the Australian Law Reform Commission conduct a public inquiry into the appropriate legislative vehicle for addressing the issue of incitement to terrorism. This review should examine, among other matters, the need for sedition provisions such as those contained in Schedule 7, as well as the existing offences against the government and Constitution in Part II and Part IIA of the Crimes Act 1914.
Recommendation 29
5.176 If the above recommendation to remove Schedule 7 from the Bill is not accepted, the committee recommends that:
• proposed subsections 80.2(7) and 80.2(8) in Schedule 7 be amended to
require a link to force or violence and to remove the phrase ’by any means whatever’;
• all offences in proposed section 80.2 in Schedule 7 be amended to expressly require intentional urging; and
• proposed section 80.3 (the defence for acts done ’in good faith’) in Schedule 7 be amended to remove the words ’in good faith’ and extend the defence to include statements for journalistic, educational, artistic, scientific, religious or public interest purposes (along the lines of the defence in section 18D of the Racial Discrimination Act 1975).
Recommendation 30
5.233 The committee recommends that the amendments in Schedule 1 of the Bill, relating to advocacy of terrorism, be included in the proposed review by the Australian Law Reform Commission as recommended above in relation to Schedule 7.
