Every journalist,political commentator, blogger & tweeter who has ever been critical of government - be afraid, be very afraid

The Mercury, 29 July 2019: 

Last week the rise of authoritarian government was confirmed with the Morrison Government, aided by the as usual spineless Labor Party, passing legislation which would allow the Home Affairs Minister Peter Dutton to block any Australian from returning to this country for up to two years on the grounds they are associated with terrorism, even in the most tangential way. And as Crikey, a news site, revealed last week, the Morrison Government revealed its complete contempt for the rule of law and independent scrutiny of the power Mr Dutton now has vested in him. 

While the Counter-Terrorism (Temporary Exclusion Orders) Act, to give the law its formal name, is designed to stop Australians who have fought in Syria, Iraq or elsewhere for organisations deemed to be terrorist, from returning to this country, one section in the Act appears so broadly drafted it could be used to prevent whistleblowers, journalists and others who reveal the secrets of the US, Australia and other allies in the so-called war on terror from re-entering Australia. 

Section 10 of the Act gives Mr Dutton the power to prevent a person, aged 14 or over, from coming back to Australia for up to two years at a time on a number of grounds. 

One of those grounds is that “the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security … for reasons related to politically motivated violence.” This provision is extraordinarily broad. How might ASIO think that a person is “directly or indirectly a risk to security” because of some link to terrorism, which is what politically motivated violence means. 

Does it include a whistleblower who reveals US and Australian misconduct in the context of the ongoing military operations in Afghanistan or Iraq? 

Or what about a journalist and publisher who lets the world see cables, emails and other forms of communication to and from Australian security and defence agencies and which relate to terrorist activity? 

The answer is yes, it could apply in both cases. When whistleblowers, media organisations and journalists have published material such as in the case of WikiLeaks, the Iraq War Logs, or the trove of materials that former National Security Agency contractor Edward Snowden smuggled out in 2013 such exercises have been labelled as irresponsible and assisting terrorism…... 

If ASIO answers yes, and of course its reasons for the assessment cannot be challenged because they are secret, then the loose wording of section 10 suggests that Mr Dutton would be prepared to issue an order preventing those individuals from entering Australia for up to two years. 

To give a minister such enormous power to interfere with the right to freedom of speech and free movement is indicative of a mindset that cares nothing for the rule of law or democracy. 

Even the parliamentary committee which looks at security legislation, and which is chaired by a Liberal MP Andrew Hastie and includes Tasmanian Liberal senator Eric Abetz, was ignored by the Morrison Government in this case. 

The committee in question, the Parliamentary Joint Committee on Intelligence and Security, is a highly regarded bipartisan committee that routinely looks at security legislation and whose recommendations are adopted by government because of its expertise. 

Bernard Keane writing in Crikey last Thursday revealed that the committee had recommended that an independent person be given the role of considering banning returning citizens. 

But Mr Dutton justified ignoring the committee’s recommendation in what can only be described as an exercise in gross manipulation of the facts….. 

The Morrison Government would only accept the bipartisan committee’s recommendation if “it was in the national interest” to do so. 

In other words, Mr Dutton and the Morrison Government generally do not believe in a fundamental premise of the rule of law. It is anathema to democracy for ministers to have unbridled power when it comes to dealing with people’s lives. 

Another bad week for Australian democracy. [my yellow highlighting]