Australia Acts of terrorism, most recently in the Asian region, have prompted significant responses by the Australian Government. In February 2004, Australia co-chaired a meeting of the Bali Regional Ministerial Meeting on Counter-Terrorism as an initiative to transfer political commitment into concrete action. Australia has also amended existing national legislation to strengthen its powers of detention and investigation. Amendments to the Australian Security Intelligence Organization Act 1979 (“ASIO Amendment Act”) have, in particular, been the subject of intense public debate. The following discussion sets out the relevant human rights and anti-terrorism treaties to which Australia is a party and the recently enacted ‘package’ of Commonwealth anti-terrorist legislation. Observations are then made where appropriate that Australian laws may not conform to Australia’s international legal obligations. Relevant treaties to which Australia is a party Australia is a party to the ICCPR,154 First Optional Protocol,155 Second Optional Protocol,156 CAT,157 CRC,158 CERD159 and the Refugee Convention.160 Australia is a party to all of the Terrorism Conventions except the Plastic Explosives Convention. As a common law country, and in the absence of any Bill of Rights, Australian judicial bodies rely upon certain constitutional provisions and principles of law to ensure human rights standards are met. Some human rights treaties, including the Convention on the Elimination of all Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women are directly applicable law through the introduction of implementing legislation. Others have been scheduled to the Human Rights and Equal Opportunity Commission Act 1986 (Cth) that provides benchmarks for the educational, monitoring and investigative roles of the Commission. 154 Australia ratified the ICCPR on 13 August 1980. Australia acceded to the First Optional Protocol on 25 December 1991. 156 Australia acceded to the Second Optional Protocol on 11 July 1991. 157 Australia ratified CAT on 8 August 1989. 158 Australia ratified the CRC on 17 December 1990. 159 Australia ratified CERD on 30 September 1975. 160 Australia acceded to the Refugees Convention on 22 January 1954. 155 79

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