Analysis of Counter-Terrorism Laws and Practices

This assignment requires students to analyze the counter-terrorism laws and practices in Australia, particularly in the context of the 9/11 attacks. It involves examining the legislation and policies implemented to prevent and respond to terrorist threats, as well as evaluating the impact on Muslim communities and the effectiveness of police powers in combating terrorism. The assignment also covers the use of intelligence and surveillance methods, including unmanned aerial vehicles (UAVs), and the role of community engagement in preventing violent extremism. Students are expected to engage with academic literature and policy documents to provide a comprehensive analysis of counter-terrorism laws and practices in Australia.

Law Enforcement
(Pre and Post 9/11)

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
Terrorism is an unlawful and intentional use of violence and intimidation against civilians
in pursuit of political purposes. The terrorist attack not only hurt the humanity but result in death
of many human lives and one such major attack happened on 11th September, 2001 in New York
ad Washington DC. After this the law enforcement in US and other nations have changed
tremendously with making laws and Principe stricter than pre 9/11. In the present essay the law
evolvement of law enforcement is examined as a response to changing nature of terrorism and its
impact on the Australia.
MAIN BODY
Terrorism attacks are not only on humanity but also on the national security and legal
enforcement by the government of a country over what action are taken by it in order to control
or stop such activities. WHO have defined the term at of terrorism as an act that is dangerous to
human life, infrastructure, property and resulted in damning the nation from within and outside
as well. In the broadest sense the use of international violence against civilians for political
purposes in order to break the peace of a nation is an action terrorism.
The history of terrorism is nor new and its existence can down to even 1st century but it
took an intimidating turn in 19th century. The origination of terrorism was during French
revolution in the last 18th century but it gained mainstream attention in 1970's. With the
beginning of 20the century it start to get associations from array of socialist, fascist, anarchist
and nationalist group and it turned to be a systematic internal violence practices such as Nazis,
Al Qaeda and other were termed Islamic terrorism where such acts were committed by a people
belonging to special community, Muslims and stated to indulge the name of there religion.
The main type of attack were in the form of suicide attack and it was typified after the
September, 9, 2001 on world trade centre of new york and Washington DC. The attack of 9/11
was staring a new era or terrorism in the world (Jones, 2018). The attack was on the most
developed nation of world and it directly raised a question over its national security and law
enforcement capabilities. Since 9/11 different countries have faced significantly more terrorism
both at national and international level then the pre time of 9/11. In past few years the terrorism
activities have grown all around the world in the name of religion and gaining power over the
national government.
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Terrorist attack in Australia have occurred since long and one of the major incident
includes the attack in 1915 defined as Battle of broken hill by two Muslims of Pakistani origin
resulting in death of 4 people, and they both were also killed by police. After this major attack
happen in 1971 on Sydney where on USSR Embassy was bombed. Then the event continues to
occur frequently in 1972, 1978, 1980-1985. One of the horrifying attacks were by The Australian
Nationalist Movement leader Jack van who destroyed Asian restaurant and businesses by
bombing and was later convicted for life imprisonment. After this the various terrorist attack
happened in nation in 1982, 1986, 1989, 1995, 2001. Most of the were by Australian terrorism
academic Clive Williams who was politically motivated to do so (Dagistanli & Poynting, 2017)
. Also, after the attack of 9/11 law enforcement regarding terrorism was made stricter than before
and Anti Terrorism legislation 2004 and Anti-terrorist act, 2005 were established. After this in
2014, Sydney hostage crisis happened where 15 people were taken hostages. In 2015 public
shooting was done by an Iranian youth kid. This was held to be politicly motivated. With time
the crime of terrorism belonged to gain political power and in order to intimidate civilian and
government with their power with no other objective and goal of rather than killing people.
Policing methodologies need to be flexible to take into account changes in terrorists
tactics in fighting terrorism are related with detecting the nature of crime, policing
methodologies is the major aspects which is to be determined by examining both the tactics and
strategic response which is used to organise the crime and identify the aspects. In previous cases
which is to be held in Australis regarding the terrorist attack, the methods which is used to
dissolved such disputes are not flexible (Molnar & Parsons, 2016). As government had to inspect
lot of methods to overcome from such issue and give power to police to take actions. But in post
actions, the changes are mainly occurs in high aspects as government had given the liability to
the police to take action which they deemed fit at the time of attack.
The power are given to police to make strategies to plan the overall activities and also
ready to take action if such incident to be occurred. The tactics are the actual means which is
used to implement such plan. In case of 9/11 in Australia the terrorist tactics are to be used at
high pricing thus government at ready to form the strategies but by viewing such condition
various authorise had undertaken major aspect (Mazerolle & et.al., 2019). It resulting to
increasing the airport security, appoint more police man on borders and also special police force
are to be appointed to inspect the detailed history of the unknown citizen entering into country.
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Role and responsibility of law enforcement in combating terrorism in Australis are
regarding combatting terrorism which is mainly used in context of antiterrorism and law are
enforced to protect the right of human and enhance more security in country. Thus, various roles
and responsibilities are to be endeavour for combating the terrorism in context of 9/11. It is
examined that law enforcement in Australia is considered to be one of the major aspects of the
county. In such cases it is the responsibility of the state police to authorise their duties and take
reasonable care to protect the human right against antiterrorist (Cherney, & Murphy, 2016). The
major role and responsibility are to be carried by police and also they are responsible to protects
and maintain the safety of the public and also detect the matter in case where they find any
criminal action which is to be resultant to any terrorist activity.
The laws are to be enforces by viewing the condition of the terrorist attract and then
accordingly action are to be taken to prevent the right of the citizen of country. Thus, steps are
taken by government of Australis to protect the right of public by imposing the Australian Anti
terrorism Act 2005. This law is mainly passed to amend the existing laws and also threat the
terrorist in defective way (Cherney, & Murphy, 2017). It is also examined that some
responsibilities are also to be arises by the public regarding taking care at places where they find
any danger activity. Thus, laws are to be amended according to the changes in time and also the
power is to be given to the police to take strict action.
The law enforcement responses and strategies regarding terrorism, and forms that
terrorism takes in Australia can be defined as there are different forms of terrorism which are
based on their ideology which includes anarchist, conservative, left wing, communist, nationalist,
narcotic driven and right wing (Walsh, 2016). This means that terrorism is not related or
encouraged by a single motive each terrorism group or individual person posses their own
ideologue behind any terrorist attack which depicts that their belief in one or another thing. In
order to combat such terror and terrorist attack the government of Australia have come up with
different strategies and laws. The changed law enforcement phenomenon become a game
changer regarding significantly increasing the capacity of law enforcement agencies for
responding to threats to terrorism on Australia solidly.
The legislations have defined terrorism as an act or threat, intended to advance a political,
ideological or religions cause by intimidating or coercing Australian or foreign government or
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public at large with causing harm to property, people and creation of serious risk to health and
safety of public and creation of disruption in trade, infrastructure and electronic systems. A
attack by terrorist is a combination of situations or conditions which reinquires response and
preventive actions which must be taken by the government (Wilson & McCulloch, 2015) . Along
with the law enforcement through legislation, state and territories in Australia have also enacted
preventative detention including stopping, searching and seizer powers which have significantly
aids the police in effectively responding to threat of terrorism. In 2005 the Anti terrorism Act,
2005 was finally enacted to combat with the situation of terrorism which emerged out of
religious, political or any other ideology.
In this regard is issued by the court that individual courts have a right to prohibit or
restrict movement for the express propose of public protection from a terrorist act. This
restriction comprise imposing curfews, restriction of telecommunication, electronic monitoring
devices, specific reporting to police and other officers. In 2010, Australian Federal Government
have released counter terrorism white paper along with ASIO (Australian Security Intelligence
Organisation) detention. This gave government the power to detain a person for questioning
without any charge for a reviewable period of 7 days. The detention on the suspecting that
person in indulged in any kind of terrorist activates and for detention no person have a right to
seek judicial review of warrant of ASIO. With this, conditions were imposed related with
Arbitrary detention which have detained 13 people who were accused of terrorist related
offences and held as convicted remand prisoner under maximum security since 2005.
The officers of Australian Federal police and ASIO have been engaged in obtaining
confessional evidences as the result of a long period of ill-treatment in detention and without the
presence of lawyer. After the attack of 9/11 on world trade centre the Australian law enforcement
have taken major steps to make the law enforcement in country more effective than ever in order
to combat terrorism effectively (Australia’s Counter-Terrorism Laws and Practice, 2019). This
includes, ASIO detention, prevention detention and control order, conditions of detention for
unconvinced remand provisioner charged with terrorism related offences and admission of
confessional evidence obtained under duress.
Offence of terrorism refers to the force or the violence against the property and the
person along with the violation of criminal laws that are provisioned under Australian laws. The
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commonwealth parliament of an Australia is not having any general powers within the section
s51 of a constitution in order to legislate towards the Australian states and the Territories in
context to the crime. On the other hand, indirect and the direct powers like defence, aliens,
external affairs and the commence powers could support the legislations that are been dealing
with the crime. In accordance with section s 51 (xxxvii) of a constitution, provides for that the
territories and the states are been able to refer the legislative powers towards commonwealth in
the year 2002. On September 27th, council of an Australian government organized a special
meeting for the purpose of expanding the counter-terrorism laws and for restricting the suspected
terrorists. The current laws regarding counter terrorism are been located in the criminal code.
This code has been enacted as the model that is to be followed by the states and the territories for
the achieving uniformity in the criminal law within entire jurisdictions in Australia (Walklate &
et.al. 2019). As the network of the terrorist often spans under different jurisdictions so enactment
of the national law is applicable. National Counter- Terrorism Plan states that any of
jurisdictional differences present in laws of the criminal procedure which affect the prosecutions
will counted as outset from an investigation. Criminal code s 100.6(1) and s 109 will be applied
in case of any inconsistency for the offence of terrorism.
After the attack of 9/11 in US, the Australian government have introduced more than 40
new terrorism law to counter such terrorism attacks in order to assist the law enforcement for
responding effectively to terrorist attacks (Farmer, 2017). All these laws have been produced
new criminal offences, detentions and questioning powers to the agencies responsible for law
enforcement with giving new power to attorney general for declaring illegal terrorist
organization and taking new initiating for managing the movement of people and activities
without criminal convictions. The laws have been made and the implementation have made with
strict application as counter terrorism effort. In this regard the local police have also been
provided with specified communities, engage with residents, communicating with local
regarding local issues and identification of potential troublesome individual who might have
sympathetic to Islamic extremism. The policy implication was seen necessary in order to identify
such activities which can identify terrorist event and laws enforcement have been made more
effective in order to stop such activities.
The local police was given more power and were understood be a better anomalistic for
recognition of irregular changes on Street where they petrol on regular basis, in this way not only
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local law enforcement officers perceived as those who responding to terrorist activities and
initially but they are found at the right place for potentially preventing terrorism.
It is of vital importance that law enforcement officers are required to remember that all
the terrorist attacks are local and it is the local condition that inform officers on how to best
respond in event of an attack. A counter terrorism plan is required to be developed in partnership
with local community and it must be disseminated to local community.
CONCLUSION
From the above essay it can be concluded that terrorism is not a new term for the world
but pre 9/11 its actual power to destroy national peace and negatively effecting the civilian life
was not taken considered too seriously. The attack on most secure building on the world's
strongest nation was a historic movement of terrorist attack. This alarmed the whole world over
terrorism and need of establishment and enforcement of strict laws to combat terrorism activities.
In this regard Australia to have taken measures by enforcing more than 40 laws to counter
terrorist activities such as Australian Anti terrorism Act 2005. This can also be stated that laws
and polices have been made and power to government under ASIO were given to destain, take
on remand and question a person on suspecting any indulgence in terrorist activity without any
power to question the warrant and working of ASIO. With this it can be articulated after the
event of 9/11 not only in US but in Australia law enforcement have been made more effective in
order to combat terrorism and implementing contour terrorism activities.
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REFERENCES
Books and journals
Andrejevic, M. (2017). Digital Citizenship and Surveillance| To Pre-Empt A Thief. International
journal of communication. 11. 18.
Cherney, A., & Murphy, K. (2016). Being a ‘suspect community’in a post 9/11 world–The
impact of the war on terror on Muslim communities in Australia. Australian & New
Zealand Journal of Criminology. 49(4). 480-496.
Cherney, A., & Murphy, K. (2017). Police and community cooperation in counterterrorism:
Evidence and insights from Australia. Studies in Conflict & Terrorism. 40(12). 1023-1037.
Dagistanli, S., & Poynting, S. (2017). Terrorism and anti-terrorism laws. In The Palgrave
Handbook of Australian and New Zealand Criminology, Crime and Justice. (pp. 331-345).
Palgrave Macmillan, Cham.
Farmer, C. (2017). Upholding whose right? Discretionary police powers to punish, collective
‘pre-victimisation’and the dilution of individual rights. Australian & New Zealand Journal
of Criminology. 50(4). 493-509.
Jones, D. M. (2018). Intelligence and the management of national security: the post 9/11
evolution of an Australian National Security Community. Intelligence and National
Security. 33(1). 1-20.
Mazerolle, L & et.al (2019). Police programs that seek to increase community connectedness for
reducing violent extremism behaviour, attitudes, and beliefs [Title registration]. Campbell
Systematic Reviews.
Molnar, A., & Parsons, C. (2016). Unmanned Aerial Vehicles (UAVs) and Law Enforcement in
Australia and Canada: Governance Through ‘Privacy’in an Era of Counter-Law?.
In National Security, Surveillance and Terror. (pp. 225-247). Palgrave Macmillan, Cham.
Walklate, S & et.al. (2019). Criminology, gender and security in the Australian context: Making
women’s lives matter. Theoretical Criminology. 23(1). 60-77.
Walsh, P. F. (2016). Australian National Security Intelligence Collection Since 9/11: Policy and
Legislative Challenges. In National Security, Surveillance and Terror. (pp. 51-74).
Palgrave Macmillan, Cham.
Wilson, D., & McCulloch, J. (2015). Pre-crime: Pre-emption, precaution and the future.
Routledge.
Online
Australia’s Counter-Terrorism Laws and Practice. 2019. [online]. Available through
:<https://static1.squarespace.com/static/580025f66b8f5b2dabbe4291/t/
59a8eb5403596e26c0c2b8d6/1504242517667/Factsheet+-+Counter-Terrorism.pdf>.
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