extended periods of detention, for considerably longer than has previously been possible under Australian law, raises concerns that the detention may be arbitrary contrary to Article 9.1 of the ICCPR. • Detention of persons where no act of terrorism has occurred. Section 34.3 (c) permits the detention of persons such as journalists and legal professionals even where there has been no terrorist act. No state of public emergency has been declared that might otherwise permit any derogation from the relevant provisions of the ICCPR. • Video taping of interrogations. Under section 34K of the ASIO Amendment Act, all interrogations must be video-taped. Such video-taping of interviews may compromise the right to confidential communication between detainees and their legal advisor. (Principle 18.4 of the Body of Principles on Detention and Principle 8 of the Basic Principles on Lawyers). • Disproportionate penalties. It appears to be disproportionate for the ASIO Amendment Act to impose 5 years’ imprisonment against detainees who fail to cooperate with questioning (sections 34F(9)(5)(b) and 34F(9)(6)) compared with only 2 years for a failure of a prescribed authority to be accountable (section 34NA(10)(1)-(6)). • Access to legal counsel. The ASIO Amendment Act restricts a detainee’s access to legal counsel (sections 34TA.1). To deny a right of access to a legal representative of the detainee’s choice would contravene Article 9(c) of the ICCPR and Principle 17 of the Body of Principles on Detention. • Monitoring of contacts. The ASIO Amendment Act (sections 35TA.2 and 34TA.4) requires that contacts between a detainee and legal adviser must be monitored and that the legal adviser may intervene only to request clarification. These provisions may contravene Article 14.3(b) of the ICCPR, which provides that every person charged with a criminal offence is entitled to adequate time and facilities for the preparation of their defence and to communicate with counsel of their choice. (See also Principles 18.1 and 18.2 of the Body of Principles on Detention and Principle 8 of the Basic Principles on Lawyers.) These provisions could also constitute a breach of the right to confidentiality of communications under Principle 3 of the Body of Principles on Detention and Principles 8 and 22 of the Basic Principles on Lawyers. • Access by lawyers to information. Section 34VA of the ASIO Amendment Act allows regulations prohibiting or regulating access to information by lawyers on security grounds. Any such regulations will contravene Principle 21 of the Basic Principles on Lawyers, 81