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Abstract
Paving the Way for Conviction without Evidence
Patrick Emerton
This paper considers two recent pieces of Australian 'anti-terrorism' law - the amendments to the Criminal Code brought about by the Anti-Terrorism Act 2004 (Cth), and the National Security Information (Criminal Proceedings) Bill 2004 (Cth). Both laws pose a significant threat to the right to a fair trial, permitting as they do the conviction of individuals without evidence of criminal guilt having to be led against them at trial. The government has failed to address this threat - indeed, the rhetoric used has sought to conceal the matter at stake - and therefore has failed to justify these laws.
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