Constitutional questions plague anti-terror laws(Australia)

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The nation's solicitors general are to meet again in a bid to thrash out the constitutional
concerns plaguing the Commonwealth's draft counter-terrorism laws. The Prime Minister has acknowledged this might take some time, saying the legislation does not have to be in Parliament by Melbourne Cup day as scheduled.

John Howard has given ground to the premiers and chief ministers on the contentious shoot-to-kill provision for police, but the constitutional question is proving more difficult to resolve. The ACT's Chief Minister, Jon Stanhope, is awaiting one more piece of legal advice before deciding if he will withdraw support for the new laws. Mr Stanhope says Commonwealth legislation requires the consent of the states and territories, but the laws appear to be unconstitutional.
Attorney-General Philip Ruddock is keen for the anti-terrorism legislation to go before Parliament next Tuesday. But the Government needs the agreement of most of the states and territories before it can proceed and there are still concerns about constitutional issues.

"Unless the Prime Minister dramatically redrafts, unless the Prime Minister concedes to seek to deal with the constitutional issues, unless the Prime Minister provides a further draft that I can take advice on between now and Friday - which meets the Prime Minister's promise in relation to International Covenant on Civil and Political Rights - I couldn't possibly agree to this draft between now and Friday," he said.


'More time needed'
Meanwhile, Tasmanian Premier Paul Lennon says he will not be steam-rolled into agreeing to the Commonwealth's proposed anti-terrorism laws. Mr Howard has asked Mr Lennon to make a decision on the draft bill by tomorrow. Mr Lennon says he still has some concerns about aspects of the bill, including preventative detention, referral powers and the shoot-to-kill provisions. He says while he stands by last month's COAG agreement, more time is needed to examine the bill."We won't be steam-rolled into timetables that don't allow us to properly examine the draft legislation to ensure that it meets the agreements that we reached," he said.

http://www.abc.net.au/news/newsitems/200510/s1491580.htm