Australian Prime Minister John Howard yesterday defended new anti-terror laws which give police the right to "shoot to kill" suspects, amid mounting criticism of the proposed legislation.
State and territory governments last month agreed to create tough new terror laws, prompted by the deadly London transport bombings of July 7 which killed 56 people.
But several state leaders now say the draft legislation they agreed to has been altered and that they never approved a shoot-to-kill provision.
The draft legislation gives authorities the power to use deadly force against terror suspects subject to a preventative detention order.
A preventative detention order, also introduced in the proposed laws, allows for the imprisonment of a suspect for up to two weeks without charge.
Howard is standing firm on the provision, saying police already had shoot-to-kill rights under existing Commonwealth and Victoria state laws.
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"For centuries, law enforcement officers have had the right at common law to use deadly force if necessary to protect life or to prevent serious injury depending on the circumstances," he told ABC radio.
"All we are now proposing in relation to preventive detention is to replicate what already exists in Victoria and exists in the Commonwealth Crimes Act in relation to the use of force," he said. "We are not giving police the right to kill somebody who's escaping preventive detention."
But the leaders of Queensland, Victoria and Western Australia say existing laws are sufficient and the new shoot-to-kill provision is unnecessary.
"The existing laws do provide certain circumstances where shoot-to-kill applies and they have to apply in those circumstances," Queensland Premier Peter Beattie told ABC television late Wednesday.
"There are also certain circumstances in state laws where that applies, particularly if an officer is in risk of his own life or her life. Now, I think those laws are adequate."
The new anti-terror laws, which also allow for terror suspects to be forced to wear tracking devices and have their movements and communication restricted, are the subject of mounting criticism within Howard's conservative Liberal party.
Former conservative prime minister Malcolm Fraser has condemned the laws, saying that no strong case has been made to show they will be effective in the fight against terrorism.
"The London bombings are probably used as a rationale, but apply these laws to London bombings, they could not succeed. The laws should be opposed on the basis of substance," he said during an address made late on Wednesday.
Risk of abuse
The powers contained in the laws "whose breadth and arbitrary nature, with lack of judicial oversight, should not exist in any democratic country," he said.
"If one says, but they will not be abused, I do not agree. If arbitrary power exists they will be abused."
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