Rushed Australian anti-terror law may never result in arrest

CANBERRA - A new anti-terrorism law which was rushed through parliament may never result in any arrests, Attorney-General Philip Ruddock said today.

In a rare move, the Senate was recalled on Thursday at a cost of about A$50,000 ($54,000) so the parliament could pass a law which widened the scope for authorities to arrest terrorist suspects.

The amendment to the laws means people can be charged even if they are only considering carrying out a terrorist act, but have not yet decided when or where.

The legislation was fast-tracked in the wake of information about a potential terrorist threat against Australia.

But Mr Ruddock said arrests were not necessarily expected to result from the new law being enacted.

"Arrests weren't necessarily expected because of the passage of the measure," he told the Ten Network.

"Authorities needed to be able to act if there was information about a potential terrorist act but where you didn't know the detail as to where and when it might occur.

"The information we had suggested it would be desirable to have it in place now, that doesn't mean in any way that I or the prime minister influence operational issues, they are matters dealt with independently by the police and other authorities.

"Whatever will happen will happen at an appropriate time, if at all."

The government has been accused of using the potential terrorist threat as a smokescreen to divert attention from radical industrial changes introduced into parliament last week.

Mr Ruddock said the important thing was for police to have the capacity to deal with the threat.

"Which they now have, we at no time suggested we run operational issues," he said.

Mr Ruddock was refusing to comment on reports that spy agency ASIO was aware of a new radical cell comprising the Australian-born offspring of Muslim immigrants.

"Type-casting is never helpful," he said.

"To suggest that is a particular group and to characterise it in a particular way isn't helpful either."

Mr Ruddock said anti-terror measures were based upon the conduct of suspects, which could apply to people of any background.

"Our tests don't relate to the characteristics of individuals but rather to the conduct in which they are engaged," he said.

Mr Ruddock rejected suggestions made last week by Australian Greens senator Kerry Nettle that the laws rushed through parliament were not necessary as the relevant powers already existed under the Crimes Act.

He said he had relied not only on briefings from ASIO and the Australian Federal Police (AFP) but also the Commonwealth Director of Public Prosecutions (DPP) Damian Bugg QC in assessing the urgent need for the changes.

"Well, she wasn't given the advice I was," Mr Ruddock said.

"The advice is very clear -- and it comes from the people who are responsible for prosecuting these matters."

Mr Ruddock said the DPP had informed him that the rules needed to be changed to cover a non-specific threat.

"That's the reason for the change -- it goes from 'the' specific act to 'an' act and that ought to be obvious to anybody as being a sensible extension," he said.

- AAP