"Laws impairing rights and freedoms cannot be justified unless they are shown to be needed to target an identifiable, present danger to the community," the former chief justice Sir Gerard Brennan said.
"A legislature should not attempt to bring in such laws until the community has had an opportunity to examine their terms and decide on their purpose and effect."
The new laws will allow for terrorist suspects to be held for 14 days without charge and be subject to control orders, including house arrest for a year or more.
The former chief justice Sir Anthony Mason said recently that it was essential that adequate time be allowed for public and parliamentary debate of new counter-terrorism laws.
"It would be disappointing, to say the least of it, if full and frank debate were not to take place for fear that those who stand up for civil rights will be labelled as 'soft' on security," he said in a speech this month.
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