Constitution of Australia: 1175282

Constitution of Australia and a brief Idea behind SAFE Act

In accordance with the Federal System, the federal parliament as well as the states does not have any sovereignty of the parliament. The constitution created the commonwealth parliament under which it has only a limited set of powers. The powers of every state’s legislation are inherent while being controlled by the constitution of the state as well as the powers of the commonwealth.  

As per the context, the supremacy of the parliament basically has two major definitions; out of which, one discusses about the parliament’s or the legislature’s powers to create or stop the regulation of a certain law if required; while, the secondary definition talks about whether the laws made by the said legislation or the parliament can be challenged or not, as when a law is passed or regulated throughout the country or state in relation with a certain subject, the availing of that law in anyway, the judiciary cannot review or challenge the said law or act.        

It seems that that second definition is quite consistent with the judicial review practices as well as the federal system as it is not possible for the judiciary to review based upon the merits of the parliament or the legislature whenever required.      

The Safe Act mentioned by the Senator Drax here, is mostly in accordance with the safety of the country’s citizens from the extremist situations that are quite violent and much harmful to the country as a whole. However, they are not entirely in accordance with the constitution of the Australia as they contradict a few constitutional laws of the country.

The action or the steps then taken included just calling out the armed forces when the siege took place and that rose numerous legal issues in relation with the same and they stayed and went along for almost a time period of 20 years or two decades or even more. Irrespective of the numerous reports that stated that there was an urgent need to introduce a new legislation in the country that only deals with issues such as the terrorist act or national emergency scenarios where the safety of the citizens is  in danger. The only option the recommended by the government then gave was to bring about military aid as well as civil power. Though for a long time period, these suggestions kept on roaming around as a bill but later in the years, it was actually properly reviewed and amended as per the need be in accordance with the security of then coming up Sydney  Olympics. All the security then needed to be apt and to prevent any issues related with security breach.  

As per the universal law, that the constitution of the country must not be infringed in any manner while making a law or creating a law or even incorporation of one cannot be done in this case if it infringes any of the constitutional laws. As constitution law is quite important for a country to follow due to its nature of being a supreme law in the country that facilitates the basis of a person being one from that country. It provides a certain set of rights that the citizens of the country can enjoy or in general as well as certain duties towards the country that need to be fulfilled being a citizen so as to promote the growth, be it economically or even generally of the country. A constitution is something or a written set of provisions according to which the governmental powers are regulated. These precedents assist as well as provide specific direction in which the government needs to regulate or use its powers so as to govern the nation.

The SAFE Act or the Securing Australia from Extremists Act is one such act that covers the aspects related to emergency situations such as the one that took place in the September 2019 such violent and extremist situation can be in some manner be dealt with the law as such however, there is a grey area to where this act is as it does not fully comply with the constitution. In the part 1 (a) of the SAFE Act it declares that the minister holds the power to declare an emergency if required or if there is a situation as such that needs or requires the declaration of emergency while in Part 1 (b), it is ‘he’ (the minister) who holds the power to declare a certain individuals as the terrorists of the people who pose a threat to the whole country or the security of the country. The Minister also holds the power to send this above mentioned person who has posed as a threat to the country or the security of the country to the DSC facility for protective detention as such up to the time period of six months as per the (c) of Part 1.

The Part 2 of the Act talks about the need for Identity Card for each citizen revolving around the basic identity of the citizens that they ought to keep with themselves most of the time. Though the (b) is regarding the participation of every citizen in a certain National Audit by filling out a questionnaire relating to their monetary aspects as in what kind of assets they hold and the income they earn and as such so that the government can keep a track of each citizen’s whereabouts. To tend to the similar issue, the Australian Social Security Act 1991 was passed just to make sure that every citizen is provided optimum security and safety as well as they need not take out each and every paper or document each time they are asked for certain document. All they need to do is draw out their social security card as it resolves all the issues concerned. Though the law is quite strong and efficient, the Safety Act specifies all of these in much detailed manner and tends to each and every aspect in a different subsection.

There is no comparison of both the laws, however, these attacks as such take place due to lack in legal system of the country. Certain individuals who enter the country without any information regarding their backgrounds or anything as such which is authentic and trustable and plan on harming the country is not an option. There need to be firm steps taken and an emergency shall be declared as soon as possible so that appropriate steps can be taken. Introducing a new law like the Safety Act or the Securing Australia from Extremists Act might be a beneficial step as in accordance with this act a particular person as in the minister shall have the power to declare emergency so that particular steps can be taken and the issue can be resolved as soon as possible.            

As stated in the Act, a Board that deals with certain emergency related issues which is the Government Security Protection Board. This shall provide powers to minister to appoint the members of the board who ultimately help the minister take certain decisions in emergency if required and how the emergency has to be dealt with. In cases where there are war like situations, if registration related to conscription is necessary or even control the social media in scenarios as such and another aspect that can be taken into consideration while the emergency is taking place is the power provided to the board to take control of the social media of certain individuals if necessary. Or even it might compel the citizens to provide their own social media accounts to be accessed by the individuals from board.

The board in such cases can also punish individuals or the citizens who do not comply with the orders passed or the statements passed by the board in circumstances as such that are of urgency or emergency.

Australia faced its first actual exposure towards the international terrorism was the bombing that took place in the Sydney Hilton Hotel that happened in the March of 1978. After this attack as well as the ‘Siege of Bowral’ later next day took place one after another. At that time here was an urgent need to take specific steps so as to cope with the circumstances as soon as possible. Instead the situation then was dealt with a very high level of carelessness and unpreparedness as well. There were lacks in aspects such as the legislative as well as administrative, as per what was required from the government at that time. In such terrorist scenarios the responses that shall be provided or might be provided or shall be apt for that particular scenario was nowhere to be found then.

Australia on its own faced major instances where issues such as the violence motivated by the political parties or even crimes related to social security or even organised crime for that matter. But only a few cases related to terrorism have been dealt with in Australia. By learning from them or the past experiences, laws have been already made in most of the issues namely, the ones dealing with incursions that are foreign, other major offences, civil power being provided with the defence aid, international law being implemented and also the intelligence services. All are provided, but with a certain specific limitations. Though the Australian country only lacks in one area in relation with legislation, which is that, in Australia there is no specific legislation or statues that deal with terrorism or if commonly stated there is no anti –terrorism statute or legislation as such that has been dedicated to the exclusivity of this cause.

The only model as such in this connection is the local model that has never been much of use before also known as the Northern Territory Criminal Code. This legislation of Australia is based upon the United Kingdom’s Prevention of Terrorism Act (The provisions were temporary) of the years 1974-1976. Though, this Act was enacted upon without any proper clarification of the actual or future foreseeable threats upon the Northern Territory.  

Hence, the Act that has been presented by the senator is quite the one that the Australian Legislation requires and is quite apt for the current situation. This Act has been made in order to cover all the prior deficiencies in the legislation of the Australia. However there are risks aligned with every new thing or act that is introduced, as there is no foreseeable future or service as such to figure out how successful the said act will become in the Australian legislation. This addition will only prevent any future possibilities of the taking specific actions in the time of need or emergency for that matter. This Act might prove as the milestone in the Australian Legislation where it prevents major terrorism or acts such sever from taking place.     

Bibliography

Journals

Bartels, Lorana and Rick Sarre, “Law Reform Targeting Crime And Disorder” [2017] The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice

Websites

The Australian Constitution, “The Australian Constitution – Parliament Of Australia”, Australian Parliament (Webpage, 2020) https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution.aspx

Parliament of Australia, “Part I – General”, Parliament Of Australia (Webpage, 2020) https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=50618E1FB9444725835968B98A49083E&_z=z#chapter-01_part-01_01

Parliament of Australia, “Commonwealth Of Australia Constitution Act”, Parliament Of Australia (Webpage, 2020) https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/link.aspx?_id=956BE242B820434A995B1C05A812D5E1&_z=z#covering_clauses-proclamation_of_commonwealth

Parliament of Australia, “Terrorism And The Law In Australia: Legislation, Commentary And Constraints – Parliament Of Australia”, Parliament Of Australia (Webpage, 2020) https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0102/02rp12

Huntsdale, Justin, “How The Military Took Bowral To Protect Commonwealth Leaders 40 Years Ago”, ABC News (Webpage, 2018) https://www.abc.net.au/news/2018-02-20/anniversary-of-military-occupation-of-bowral/9464328

Kennedy, Jean and Brooke Wylie, “‘Mum Went Into Hysterics’: Daughter Of Bombing Victim Remembers Sydney Hilton Blast 40 Years On”, ABC News (Webpage, 2018) <https://www.abc.net.au/news/2018-02-13/sydney-hilton-hotel-bombing-daughter-of-victim-40-years-on/9425336>

Sanders, Will, “Opportunities And Problems Astride The Welfare/Work Divide: The CDEP Scheme In Australian Social Policy”, Hdl.Handle.Net (Webpage, 2019) http://hdl.handle.net/1885/145571

Parliament of Australia, “Identity Cards And The Access Card – Parliament Of Australia”, Parliament Of Australia (Webpage, 2019) https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/archive/identitycards

Parliamentary Education Office, “Australian Constitution – Parliamentary Education Office”, Peo.Gov.Au (Webpage, 2020) <https://www.peo.gov.au/understand-our-parliament/how-parliament-works/the-australian-constitution/australian-constitution/>