Australian Commonwealth legislation Most anti-terrorism provisions are to be found in the following legislation: • Security Legislation Amendment (Terrorism) Act 2002 • Suppression of the Financing of Terrorism Act 2000 • Crimes Act 1914 and Crimes Amendment Act • Criminal Code Amendment ( Hizballah) Act 2003 • Criminal Code Amendment (Offences Against Australians) Act 2002 • Criminal Code Amendment Act (Espionage and related Matters) Act 2002. • Criminal Code Amendment (Suppression of Terrorist Bombings Act) Act 2002 • Telecommunications Interception Legislation Amendment Act 2002 • Security Legislation Amendment (Terrorism) Act 2002 • Border Security Legislation Amendment Act 2002 • Australian Security Intelligence Organisation Act 1979 • Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 (ASIO Amendment Act) Of this package of legislation, the ASIO Amendment Act has presented the most significant challenges to the maintenance of human rights standards. The legislation significantly expands the investigatory powers of the Australian Security Intelligence Organisation (ASIO) to arrest, detain and question those suspected of terrorist acts and of possessing information or of being associated in any way with such acts. Concerns have been expressed that in relation to the following issues, Australia may not be acting in conformity with its international legal obligations: • Periods of Detention without charge. Under section 34 of the ASIO Amendment Act, a warrant may be permitted for up to 48 hours or, where “it is believed that circumstances demand it”, detention without charge may be permitted for up to 168 hours (s. 34F.7; s.34HC permitting detention without charge for 4-8 hours). Australia’s Senate Legal and Constitutional References Committee reported in December 2002 that the existing provisions of the Crimes Act (sections 23C and 23D) are sufficient to cover detention for terrorist offences concluding that the new provisions are not required. The significantly 80