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Law Internet Resources

Terrorism Law

This guide contains links to Internet resources and documents in the area of anti-terrorism law. Emphasis is on Australian federal (Commonwealth) legislation. Links to Australian State and Territory legislation are also given, as well as significant overseas resources.

AUSTRALIA

Federal Legislation

Current anti-terrorism legislation includes the following:

 

Chronology of Legislative and Other Legal Developments since 11 September 2001 (including a list of Federal legislation relating to terrorism as at 11 September 2001).

This chronology details legislative and other legal developments at the federal level since 11 September 2001. Notable events are in red.

A summary of legislation is also available for 2001-mid 2005 in the Attorney-General's Dept 2005 Budget background paper Security Environment Update. Scroll down to "Legislation". See also regular reports submitted by the Government to the United Nations on terrorism legislation.

Legislation introduced during 2007

July 1
Terrorist car bomb attack on Glasgow Airport (UK). On 29 June 2 car bombs were defused in London. On 2 July Dr Mohamed Haneef was arrested in Brisbane and charged on 14 July with recklessly providing assistance (a mobile phone SIM card) to a relative later charged over the UK attacks. On 16 July, after being granted bail by a Brisbane magistrate, Dr Haneef has his 457 work visa revoked by the Immigration Minister and is held in detention pending his commital hearing on 31 August. On 27 July the Director of Public Prosecutions after reviewing the material withdraws the charge. The Immigration Minister returns Dr Haneef's passport and he returns to India to visit his family on 28 July.

June 21
Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007 introduced. Referred to the Senate Legal and Constitutional Committee to report by 30 July.
Amends the Classification (Publications, Films and Computer Games) Act 1995 to require that publications, films or computer games which advocate the doing of a terrorist act must be classified as ‘refused classification’.

Aviation Legislation Amendment (2007 Measures No. 1) Bill 2007 introduced. Referred to the Senate Standing Committee on Rural and Regional Affairs and Transport for report by 30 July.
Amends the Aviation Transport Security Act 2004 and the Civil Aviation Act 1988 to align aviation security measures with maritime security measures; extends security measures to outside airport boundaries and implements drug and alcohol management plans for aviation personnel.

June 14
Telecommunications (Interception and Access) Amendment Bill 2007 introduced. Exposure Draft released February 2007. Referred to the Senate Legal and Constitutional Committee to report by 1 August.
Iimplements the recommendations arising from the review of the regulation of access to communications and make other measures to improve the operational effectiveness of the Telecommunications (Interception and Access) Act 1979.

February 14
Aviation Transport Security Amendment (Additional Screening Measures) Bill 2007 (Act no. 30 of 2007) introduced.
Amends the Aviation Transport Security Act 2004 to make regulations to cover liquids, aerosols and gels and to allow for appropriate frisk searches at screening points.

Legislation introduced during 2006

December 6
Non-Proliferation Legislation Amendment Bill 2006 (Act no. 50 of 2007) introduced.
Implements amendments to the Convention on the Physical Protection of Nuclear Material, done at Vienna on 8 July 2005.

November 29
Crimes Legislation Amendment (National Investigative Powers and Witness Protection) Bill 2006 introduced. Referred to Senate Legal and Constitutional Committee, which reported on 7 February 2007.
Enables more effective investigation of terrorism offences and multi-jurisdictional and organised crime.

November 1
Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 (Act no. 169 of 2006) + Anti-Money Laundering and Counter-Terrorism Financing (Consequential and Transitional Amendments) Bill introduced.
Implements the revised Forty Recommendations released in June 2003 by the OECD-based Financial Action Task Force on Money Laundering and key elements of the Task Force’s Special Recommendations on Terrorist Financing (the Recommendations set the international anti-money laundering and counter-terrorism standard).

September 7
Law and Justice Legislation Amendment (Marking of Plastic Explosives) Bill 2006 (Act no 3 of 2007) introduced.
Provides for the implementation of the United Nations Convention on the Marking of Plastic Explosives for the Purposes of Detection. Creates an offence under the Criminal Code to possess, manufacture, traffic in and import or export plastic explosives which do not have a chemical detection marker.

August 28
First control order issued under anti-terrorism legislation [to Jack Thomas] by Federal Magistrates Court.

August 10
24 people arrested in UK and Pakistan under suspicion of planning to bomb 10 trans Atlantic flights. On 21 August 11 were charged with conspiracy to murder and various terrorism related offences
.

July 24
Attorney-General criticises Australian Capital Territory anti-terrorism legislation and requests that it be amended to conform to other State legislation.
Communique issued by third meeting of the Business-Government Advisory Group on National Security.

March 29
ASIO Legislation Amendment Bill 2006 (Act no. 54, 2006) introduced.
In response to recommendations of the former Parliamentary Joint Committee on ASIO, ASIS and DSD (now the Parliamentary Joint Committee on Intelligence and Security), the bill amends the Australian Security Intelligence Organisation Act 1979 to: extend the existing sunset clause and prior joint committee review period by 10 years to 22 July 2016 and 22 January 2016, respectively; clarify the operation of the warrant regime in relation to warrants for questioning and warrants for questioning and detention; and clarify rights of persons questioned or detained under the warrant regime.

Aviation Transport Security Amendment Bill 2006 (Act no. 97, 2006) introduced.
Amends the Aviation Transport Security Act 2004 to: amend the regulatory arrangements for airport security by creating event zones that may be used for handling special events at an airport; regulate the security and clearance processes for domestic and international cargo before it is taken onto an aircraft; allow the Secretary to approve alterations to an existing Transport Security Program; and make technical amendments.

Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006 introduced. Senate Legal and Constitutional Legislation Committee report.
Amends the: Customs Act 1901 in relation to: disposal of dangerous goods; access of security identification card holders to section 234AA places, ships, aircrafts and wharves; minor corrections to provisions implementing the Australia-United States Free Trade Agreement; provision of updated information in respect of security identification cards to Customs; implementation of an Accredited Client Program; and protection from criminal responsibility for Customs officers handling narcotic goods in the course of duty and others acting under instructions from Customs officers; and Customs Act 1901 and Customs Legislation Amendment Act (No. 1) 2003 in relation to issue of seizure warrants.

Maritime Transport and Offshore Facilities Security Amendment (Security Plans and Other Measures) Bill 2006 (Act no. 109, 2006) introduced. Senate Rural and Regional Affairs and Transport Committee report.
Amends: the Maritime Transport and Offshore Facilities Security Act 2003 to: simplify the procedures for making changes to maritime, ship and offshore facilities security plans; clarify measures relating to the plan approval process; and make technical amendments to clarify the intent of the Act; 18 Acts to make technical amendments as a consequence of the commencement of the Legislative Instruments Act 2003; and Customs Act 1901 to reflect the name change to the Maritime Transport and Offshore Facilities Security Act 2003.

March 2
Australian Law Reform Commission asked to review the sedition provisions of the Anti-Terrorism Act (No 2) 2005. It reported in July 2006. Report no. 104.

February 16
Telecommunications (Interception) Amendment Bill 2006 (Act no. 40, 2006) introduced. Senate Legal and Constitutional Legislation Committee report.
Amends the Telecommunications (Interception) Act 1979 to: establish a warrant regime for enforcement agencies to access stored communications held by a telecommunications carrier; and amend the long and short titles of the Act to reflect this access; and makes consequential amendment to 9 other Acts to reflect the Act’s changed title. Also amends the Telecommunications (Interception) Act 1979 to: enable interception of communications of a person known to communicate with a person of interest; permit equipment-based interception; remove the distinction between class 1 and class 2 offences; remove the Telecommunications Interception Remote Authority Connection function currently exercised by the Australian Federal Police and transfer the associated warrant register function to the Attorney-General’s Department; and make other amendments in relation to the ongoing operation of the interception regime.

Legislation introduced during 2005

December 16
Anti-Money Laundering and Counter-Terrorism Financing Bill 2005: Exposure Draft. Referred to the Senate Legal and Constitutional Legislation Committee to report by 13 April 2006.
Proposes a number of amendments to Australia's anti-money laundering and counter-terrorism financing system, in line with international standards issued by the Financial Action Task Force on Money Laundering.

November 3
Anti-Terrorism Bill (No. 2) 2005 (Act no. 144, 2005) introduced. Senate Legal and Constitutional Legislation Committee report. Draft of Bill (version 28) as posted on A.C.T. Chief Minister's website on 14 October. Draft of bill (version 63) as posted on the BoeLawyers website on 31 October. Comparison of the draft Bills with the Bill as introduced.

Amends several Acts to implement COAG agreed legislation (see September 27 below). Provides for control orders over terrorist suspects for up to 12 months, allows suspects to be held in preventative detention for up to 14 days, bans organisations which incite terrorism, creates offences for urging hostility towards various groups and updates sedition offences

November 2
Anti-Terrorism Bill 2005 (Act no. 127, 2005) introduced.

First part of COAG agreed legislation. Amends the existing offences in the Criminal Code to clarify that it is not necessary to identify a particular terrorist act upon proving the offence.
For the first time, the government receives advice on a potential terrorist threat
but will not reveal details.

October 12
Security Legislation Review Committee, chaired by Hon Simon Sheller QC, established to review terrorism legislation introduced since 2002

October 6
Press conference following briefing to the Muslim Reference Group re the proposed terrorism laws

October 1
Second wave of bombings of Bali holiday venues

September 27
Communique of the Council of Australian Governments (COAG - Commonwealth, State and Territory governments) meeting on terrorism laws

September 15
Communique of the Roundtable on Anti-Money Laundering and Counter-Terrorist Financing between the Minister for Justice and Customs and the accountancy sector

September 14
Law and Justice Legislation Amendment (Video Link Evidence and Other Measures) Bill 2005 (Act no. 136, 2005) introduced.

Amends the: Crimes Act 1914 to: facilitate the use of video link evidence from overseas witnesses in proceedings for terrorism and other related offences and proceeds of crime proceedings relating to those offences; clarify a constitutional issue regarding the conferral of non-judicial functions and powers on Judges of the Federal Court and Federal Magistrates; facilitate inter-jurisdictional matching of DNA profiles through a national database; and expand the definition of “tape recording”; Financial Transaction Reports Act 1988 to rectify an unintended omission; Foreign Evidence Act 1994 to facilitate the use of foreign material, such as video tapes and transcripts of examinations, as evidence in terrorism and related proceedings when video link evidence is not possible; and provide a discretion to prevent foreign material being adduced; Proceeds of Crime Act 2002 to: enable payments out of the Confiscated Assets Account to third parties who carry out examinations for the Commonwealth; and rectify the unintended consequence of a regulation change that inadvertently affected the legal status of some examiners; and Surveillance Devices Act 2004 to enable the issue of a warrant to retrieve a tracking device installed under an authorisation.

September 8
After an internal review of terrorism legislation as a result of the July London bombings, the Prime Minister announces
more changes to terrorism legislation dealing with preventative detention, police powers and incitement laws

August 23
Statement of Principles issued by the Australian Government Meeting with Islamic Community Leaders

August 16
Communique issued by second meeting of the Industry Roundtable on Anti-Money Laundering and Counter-Terrorist Financing. The first meeting was on 21 July 2005

August 12
Communique issued by second meeting of the Business-Government Advisory Group on National Security. The first meeting was in December 2004.

July 21
Communique issued by first meeting of the Industry Roundtable on Anti-Money Laundering

July 7
Bombings of London underground rail network and a bus

June 23
Maritime Transport and Offshore Facilities Security Amendment (Maritime Security Guards and Other Measures) Bill 2005 (Act no. 103, 2006) introduced

Amends the Maritime Transport and Offshore Facilities Security Act 2003 in relation to: limited move-on powers for maritime security guards, including the power to request certain information from a person found in a maritime security zone; clarifying certain meanings; higher security level declarations; and correcting references to ship enforcement orders.

May 25
Maritime Transport Security Amendment Bill 2005 (Act no. 67, 2005) introduced

Amends the Maritime Transport Security Act 2003 to: amend the long title of the Act and rename it as the Maritime Transport and Offshore Facilities Security Act 2003; extend application of the Act to Australia’s offshore oil and gas facilities; and introduce the Maritime Security Identification Card which will cover unmonitored personnel who are required to be in maritime security zones and offshore security zones.

March 10
National Security Information Legislation Amendment Bill 2005 (Act no. 89, 2005) introduced.

Amends the National Security Information Act 2004 to extend the operation of the Act to include certain civil proceedings.

February 9
National Security Information (Criminal Proceeding) Amendment (Application) 2005 (Act no. 27, 2005) introduced.

Amends the National Security Information (Criminal Proceedings) Act 2004 to clarify the application of the Act to certain federal criminal proceedings

Legislation introduced during 2004

Note that Parliament was prorogued for the 2004 election on 31 August and as a result bills which had not passed both chambers lapsed.

2004

November 17

September 9
Bombing of Australian Embassy, Jakarta

August 31
Federal Parliament prorogued for 2004 election. As a result, bills which have not passed both chambers lapsed.

August 11
Aviation Security Amendment Bill 2004 introduced (lapsed; reintroduced 17th November))

Amends the: Aviation Transport Security Act 2004 and Civil Aviation Act 1988 to allow background checking of holders of security designated authorisations (particularly flight crew); Aviation Transport Security Act 2004 to include contractors of Airservices Australia as aviation industry participants; and Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 to allow certain programs under the Air Navigation Act 1920 to continue as programs under the Aviation Transport Security Act 2004.

August 4
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) (No. 2) Bill 2004 (Act no. 127, 2004) introduced.

Introduced new telecommunications offences into the Criminal Code Act 1995 including: (1) using a carriage service for a hoax threat (maximum penalty: imprisonment for 10 years); (2) using a carriage service in a way that reasonable people would regard as menacing, harassing or offensive. This offence specifically includes behaviour directed at the National Security Hotline. (maximum penalty: imprisonment for 3 years). This offence does not require an intention to harass, menace or be offensive or that the victim was in fact harassed, menaced or offended.

June 24
Anti-terrorism Bill (No. 2) 2004 (Act no. 124, 2004) introduced

Revises Australia’s counter-terrorism framework by amending the: Criminal Code Act 1995 to insert a new offence relating to association with a terrorist organisation; Transfer of Prisoners Act 1983 to provide for the transfer of prisoners between State and Territory prisons for security reasons; and Administrative Decisions (Judicial Review) Act 1977 to make decisions of the Attorney-General made on security grounds exempt from the application of the Act.

Anti-terrorism Bill (No. 3) 2004 (Act no. 125, 2004) introduced.

Amends the: Passports Act 1938 to give authorities certain powers to demand, confiscate and seize foreign passports; Australian Security Intelligence Organisation Act 1979 to give the ASIO powers to demand the surrender of Australian and foreign passports in certain circumstances; and Crimes Act 1914 to facilitate effective disaster victim identification and criminal investigation in the event of a mass casualty incident within Australia.

Surveillance Devices Bill (No. 2) 2004 introduced. Lapsed. Reintroduced 17/11/04. Act no. 152, 2004

As below except for: (1) it provides for the inclusion of state law enforcement agencies, such as the New South Wales Crime Commission and the Western Australian Corruption and Crime Commission, in addition to state and territory police forces who may obtain Commonwealth surveillance device warrants for the investigation of Commonwealth offences. (2) it implements 3 of the recommendations of the Senate Legal and Constitutional Legislation Committee report to provide: (a) for a requirement that surveillance device material held for more than five years be destroyed unless the Chief Officer certifies that it is still needed for a permitted purpose; (b) that the period before which an emergency authorisation must be brought before a judge or AAT member for approval be reduced from `two business days' to `48 hours'; and (c) for a new civil remedies provision which allows those who have suffered loss or injury as a result of illegal use of a surveillance device by the AFP or ACC to sue the Commonwealth. (3) it allows the Queensland Public Interest Monitor to have a role with respect to Commonwealth warrants that is consistent with its role regarding state warrants.

June 17
Anti-terrorism Bill (No. 2) 2004 (Act no. 124, 2004) introduced.

Amends the: Criminal Code Act 1995 to insert a new offence relating to association with a terrorist organisation; Transfer of Prisoners Act 1983 to provide for the transfer of prisoners between State and Territory prisons for security reasons; and Administrative Decisions (Judicial Review) Act 1977 to make decisions of the Attorney-General made on security grounds exempt from the application of the Act.

May 27
National Security Information (Criminal Proceedings) Bill 2004 introduced. Lapsed. Reintroduced 17/11/04. Act no. 150

Provides for the issue of an Attorney-Generals certificate to protect information from disclosure in federal criminal proceedings where the disclosure is likely to prejudice national security.

National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004 introduced. Lapsed. Reintroduced 17/11/04. Act no. 151

Amends the Administrative Decisions (Judicial Review) Act 1977 to limit a courts jurisdiction to determine a defendants application for review; and to exclude a person from requesting a written statement of reasons from the Attorney-General; and Judiciary Act 1903 to give the relevant Supreme Court jurisdiction in respect of applications for writs of mandamus or prohibition, or injunctions.

Telecommunications (Interception) Amendment (Stored Communications) Bill 2004 introduced. Lapsed. Reintroduced 17/11/04. Act no. 148, 2004

Amends the Telecommunications (Interception) Act 1979 to exclude access to stored communications from the current prohibition against interception of communications.

March 31
Anti-terrorism Bill 2004 (Act no. 104, 2004) introduced

Amends: Crimes Act 1914 to: extend fixed investigation periods for investigations into suspected terrorism offences; and permit law enforcement agencies to suspend or delay questioning a suspect to make overseas inquiries; Crimes (Foreign Incursions and Recruitment) Act 1978 in relation to foreign incursions offences; Criminal Code Act 1995 in relation to: terrorist organisation membership offences; and offences of providing training to or receiving training from a terrorist organisation; and Proceeds of Crime Act 2002 in relation to commercial exploitation by persons who have committed foreign indictable offences.

March 24
Surveillance Devices Bill 2004 introduced.  Lapsed. Reintroduced 17/11/04. Act no. 152

Establishes procedures for obtaining warrants, emergency authorisations and authorisations for the installation and use of surveillance devices in Australia and overseas in relation to criminal investigations and child recovery orders; and regulates the use, communication, publication, storage, destruction and making of records in connection with surveillance device operations. Also makes consequential amendments to the Australian Federal Police Act 1979, Criminal Code Act 1995, Customs Act 1901 and Mutual Assistance in Criminal Matters Act 1987; and contains transitional and savings provisions and a regulation-making power.

March 11
Bombing of Madrid commuter trains

February 19
Telecommunications (Interception) Amendment Bill 2004 (Act no. 55, 2004) introduced

Amends the Telecommunications (Interception) Act 1979 to: extend the availability of telecommunications interception warrants to additional serious offences; extend the protections of the Act in relation to text-based communications; facilitate the recording of calls to publicly-listed Australian Security Intelligence Organisation numbers; and clarify the application of the Act to delayed access message services. Also contains a transitional provision.

Legislation introduced during 2003

November 26
ASIO Legislation Amendment Bill 2003 (Act no 143, 2003) introduced

Enhances the capacity of the Australian Security Intelligence Organisation (ASIO) to exercise its powers for questioning and detaining persons who have information important to the gathering of intelligence in relation to a terrorism offence.

November 5
Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Bill 2003 (Act no. 109, 2003) introduced

Amends the Criminal Code Act 1995 to allow the Hamas’ military wing (Izz al-Din al Qassam Brigades) and Lashkar-e-Tayyiba to be listed as terrorist organisations in regulations, provided the statutory criteria for listing are met. Also provides for the listings to operate retrospectively from the date of the public announcement of the Government’s intention to list the organisations in regulations.

September 18
Maritime Transport Security Bill 2003 (Act no. 131, 2003) introduced. Title of Act changed in 2005 to: Maritime Transport and Offshore Facilities Security Act 2003

Establishes a maritime transport security regulatory framework, including an enforcement regime and provides for flexibility to respond to the changing threat environment; and aligns Australian maritime transport security with international obligations under the Safety of Life at Sea Convention 1974.


June 26
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 [No. 2] (Act no 77, 2003) passed with several amendments.  Summary of Amendments as contained in Attorney-General press releases (26 June 2003 -- 17 June 2003).
Comment:
ASIO laws may be invalid, say law experts (Sydney Morning Herald, 27/6/03, p. 4)
ASIO legislation passed (AM, ABC Radio, 26/6/03)
How the ASIO Bill ravages your civil rights (The Age, 23/6/03)

June 2
Simon Crean (Australian Labor Party) introduces the Criminal Code Amendment (Hezbollah External Terrorist Organisation) Bill 2003 to ban the Hezbollah terrorist organisation. First Reading speech (pp 15042-15043). The Attorney-General in a press release claims that the bill is "constitutionally uncertain"

May 30
Australia signs Memorandum of Understanding with the South Korea on counter-terrorism (Press release)

May 29
Criminal Code Amendment (Terrorist Organisations) Bill 2003 (EM) and Criminal Code Amendment (Hizballah) Bill 2003 (EM) (Act no. 44, 2003) introduced to ban the Hezbollah terrorist organisation and to allow the government to ban terrorist organisations without reference to the United Nations list. Note that both bills together are unnecessary to outlaw Hezbollah. Either bill would achieve the government's objective

March 27
Aviation Transport Security Bill 2003 (Act no. 8, 2004) introduced

Introduced with the Aviation Transport Security (Consequential Amendments and Transitional Provisions) Bill 2003, the bill: restructures the aviation security regulatory framework and provides for flexibility to respond to the changing threat environment; aligns Australian aviation security with the revised International Civil Aviation Organisation standards; and introduces graduated penalties for a more equitable enforcement regime.

March 20
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 [No. 2] reintroduced after being withdrawn on 13 December 2002. Explanatory Memorandum to the revised Bill. Bills Digest to the revised Bill.

March 4
Australia signs Memorandum of Understanding with the Philippines on counter-terrorism (Press release)

February 5
Australia signs the 13th Memorandum of Understanding [with Canada] to exchange financial intelligence to combat money laundering and the financing of terrorism (Press release)

Legislation introduced during 2002

December 13
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 is laid aside after the Senate and the House of Representatives reach deadlock on amendments.

December 12
Criminal Code Amendment (Terrorism) Bill 2002 (Act no 40, 2003) introduced, to re-enact Part 5.3 of the Criminal Code (which contains federal terrorism offences enacted in June 2002, and amended in October 2002) so that it would attract the support of State references of power in accordance with section 51(xxxvii) of the Constitution.
Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002 [Statutory Rule 2002 No. 314] made, repealing the Charter of the United Nations (Anti-terrorism Measures) Regulations 2001 Explanatory statement

December 3
Senate Legal and Constitutional References Committee issues report on the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 and related matters.

November 14
Charter of the United Nations Amendment Bill 2002 introduced to allow holders of terrorist assets, as well as owners, to apply for permission to deal with freezable assets. Passed 5/12/02, Act no. 124, 2002.

November 13-15
First meeting of National Counter-Terrorism Committee, which replaces the Standing Advisory Committee for Commonwealth/State Cooperation for the Protection Against Violence (SAC-PAV) (Communique)

November 12
Criminal Code Amendment (Offences against Australians) Act 2002 introduced, implementing the decision of 24 October to create an offence to murder or harm Australians outside Australia.

November 8
State and Territory Attorneys-General agree to pass legislation to refer constitutional power to the Commonwealth in the area of counter-terrorism in order to strengthen the validity of federal laws in this area (News release)

October 27
Government outlaws Jemaah Islamiyah, a terrorist organisation suspected of being behind the Bali Bombings (Criminal Code Amendment Regulations 2002 (No. 3) [Statutory Rule no. 250 of 2002]; Explanatory statement)

October 24
After a meeting of the Prime Minister and State and Territory leaders, the Prime Minister announces new measures as a result of the Review of Commonwealth Counter-Terrorism Arrangements started on 12 October. Measures include:   Department of the Prime Minister and Cabinet to take over responsibility for counter-terrorism policy from the Attorney-General's Department and introduction of an extra-territorial murder offence where Australians have been victims of atrocities overseas. The legislation will operate retrospectively from 1 October 2002. (Press release)

October 23
Crimes Amendment Act 2002 passed to allow Crimtrac, the national DNA database, to be used to identify Bali victims [Explanatory Memorandum]
Criminal Code Amendment (Terrorist Organisations) Act 2002 introduced and passed the same day to enable outlawed terrorist organisation regulations to take immediate effect [Explanatory Memorandum]

October 21
Government outlaws the Al Qaeda terrorist organisation (Criminal Code Amendment Regulations 2002 (No. 2) [Statutory Rule no. 249 of 2002]: Explanatory statement) [Current reprint of Criminal Code Regulations 2002]

October 16
Senate Standing Committee for the Scrutiny of Bills issues report on the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 and highlights concerns with human rights issues

October 15
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002
introduced into the Senate (Hansard pages 5126-5128). Further debated on 17 October (Hansard pages 5279-5300) and 21 October (Hansard pages 5347-5357, 5392-5393) when it is referred, for a second time, to the Senate Legal and Constitutional References Committee to report by 3 December.

October 12
Bali terrorist bombings kill Australians and other nationals. Government orders review of current terrorist legislation
(Press release)

September 24
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 passes House of Representatives (Hansard pages 7114-7118)

September 19
House of Representatives resumes debate (Hansard pages 6789-6824) on the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002, while the Government releases Proposed Amendments to the Bill in response to the recommendations in the report of the Joint Parliamentary Committee on ASIO, ASIS and DSD. (Press release). Debate continues on 23 September (Hansard pages 7011-7057)

August 9
Australia becomes a party to the International Convention for the Suppression of Terrorist Bombings (as from 8 September). (Press release)

June 4
Attorney-General announces changes to terrorism bills in the light of the Senate Committee report (News Release). Interview with Christopher Pyne MP about the changes. Most bills pass through Parliament by 27 June, receive the Royal Assent on 3-5 July and become law.

April 5
Leaders Summit on Terrorism and Multi-jurisdictional Crime provides for significant changes to terrorism management (News release)
Commonwealth / States and Territories Agreement on Terrorism and Transnational Crime

March 21
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2002 introduced into the House of Representatives. Provides for the detention and questioning of people for up to 48 hours in order to gather information about terrorist attacks.
The bill was referred to the Senate Legal and Constitutional Legislation Committee and the Joint Parliamentary Committee on ASIO, ASIS and DSD for report in June 2002.
Interview with the Attorney-General about the Bill (ABC Radio National AM 22/3/02).
 

March 12
The government's main package of anti-terrorism legislation introduced: Security Legislation Amendment (Terrorism) Act 2002 [no. 2] [Bill no. 1 was withdrawn on 13 March because of a drafting error and bill no. 2 was substituted. Defines "terrorist act" and makes it an offence]; Suppression of the Financing of Terrorism Act 2002; Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002; Border Security Legislation Amendment Act 2002 and the Telecommunications Interception Legislation Amendment Act 2002. For explanatory memorandum, the Attorney-General's 2nd reading speech, and bills digest for these bills see the Old Bills file.

Debate on the bills was as follows:

House of Representatives
1st and 2nd readings: 12 March 2002;
2nd and 3rd readings: 13 March 2002.
Consideration of Senate amendments: 27 June 2002

Senate
1st and 2nd readings: 14th March; 20 June; 24 June; 25 June; 26 June 2002;
2nd and 3rd readings: 27 June 2002

The bills were referred to the Senate Legal and Constitutional Legislation Committee, which reported in May 2002

February 13
Criminal Code Amendment (Anti-Hoax and Other Measures) Act 2002 introduced into Parliament. The first of the Goverment's package of anti-terrorism legislation. For explanatory memorandum, 2nd reading speech and bills digest, see the Old Bills file

Legislation introduced during 2001

As the House of Representatives was dissolved and the Parliament, including the Senate, was prorogued on 8 October 2001 prior to the general election on 10th November 2001, no legislation relating to terrorism was introduced into Parliament until February and March 2002. The government, however, made regulations under existing legislation in 2001 and these are listed below.  The result of the election was that the Liberal and National Party Coalition was returned.

December 21
Government lists in the Commonwealth of Australia Gazette the names of terrorists and terrorist organisations whose assets must be frozen by the holder of those assets under the Charter of the United Nations (Anti-terrorism Measures) Regulations 2001. This implements Australia's obligation under UN Security Council Resolution 1373 of 28 September 2001.

For additions and amendments, see the Dept of Foreign Affairs and Trade International Coalition Against Terrorism page

October 30
Prime Minister and Justice Minister Chris Ellison say government will discuss with States and Territories a proposal for a new Commonwealth authority to fight terrorism (Prime Minister's press release).

October 21
Australia signs Terrorist Financing Convention (Attorney-General's news release)

October 16
Prime Minister proposes new anti-hoax legislation if re-elected after 10 November (Prime Minister's News release)

October 9
Charter of the United Nations (Anti-Terrorism Measures) Regulations (Statutory Rules no 297/2001) made. Explanatory Statement [plain English guide]. Later repealed by the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002

October 8
Charter of the United Nations (Sanctions - Afghanistan) Amendment Regulations 2001 (Statutory Rules no 298/2001) made. Explanatory Statement [plain English guide]

October 5
Reserve Bank of Australia gazettes a Variation of Authority under Regulation 39 of the Banking (Foreign Exchange) Regulations prohibiting foreign currency transactions with various terrorist organisations (Commonwealth of Australia Gazette, no. S 416, 5 October 2001) (Reserve Bank media release - reproduces annex of gazette notice). Amended on 17th October (Gazette, no. S439) (Reserve Bank media release showing amendments). Further amended on 9th November (Gazette, no. S462) (Reserve Bank media release) and on 22 May 2002 (Gazette, no. GN 20). Government revokes Variations in September 2002 as they are now covered by the Charter of the United Nations (Anti-terrorism Measures) Regulations 2001 (Gazette no. GN 37 18 September 2002)

October 2
Cabinet approves new anti-terrorism legislation to be introduced if the government is returned after the election on 10 November (Attorney-General's news release)

September 26
Attorney-General's Dept establishes an interdepartmental committee to review federal counter-terrorism laws (Attorney-General's new release)

September 18
Attorney-General indicates that Australia is a party to 8 of the 11 anti-terrorism international conventions and provides information on implementing another 2 (Attorney-General's news release)

September 17
The Prime Minister tells Parliament that the events of 11 September constitute an attack on the United States under articles IV and V of the ANZUS Defence Treaty (House of Representatives Hansard, 17 September 2001, p. 30739) (Press release, 14th September 2001)

Federal legislation relating to terrorism as at 11 September 2001

Terrorism Court Cases

Early terrorism cases include the following:

2003 Zeky Mallah The first person charged under the 2002 legislation. He was acquitted in April 2005 of two charges of preparing for a terrorist act, when a jury found he had not planned to shoot dead ASIO and Foreign Affairs officers in a suicide mission. He pleaded guilty to threatening to kill a Commonwealth officer and was jailed for 2 1/2 years. R v Mallah [2005] NSWSC 317 ; [2005] NSWSC 358
2004 Joseph Thomas ("Jihad" Jack Thomas) Was found guilty of intentionally receiving funds from al-Qaeda and holding a false passport. The first person convicted under terrorism funding legislation. Sentenced to a maximum of 5 years jail with a minimum of 2 years. Sentence overturned on appeal; confession not freely given- R v Thomas [2006] VSCA 165. On 28/8/06 was subject to the first control order. High Court challenge to the control order: Thomas v Mowbray & Ors, preliminary hearing 2/10/06, 19/10/06, 31/10/06; main hearing 5/12/06, 6/12/06, 20/2/07, 21/2/07. Decision upholding control order, 2/8/07.
2004 Jack Roche Found guilty of conspiring to blow up the Israeli embassy. Jailed for 9 years. R v Roche [2005] WASCA 4. Note that the conviction was under pre-2002 legislation (Crimes Act s.86, as at 2000) and not under terrorism legislation.
2006 Faheem Khalid Lodhi First person to be convicted of preparing for a terrorist act. Also found guilty on 2 other charges. Sentenced on 23/8/06 to 20 years jail, with 15 year non-parole period. R v Lodhi [2006] NSWSC 691. Several related NSW Supreme Court cases 2005+ - see AustLII.
2006 Bilal Khazal Charged with inciting terrorism by producing a book on how to wage a jihad. Awaiting trial.
2006 Izhar ul-Haque

Charged with training with a terrorist organisation. NSW pre-trial hearings 27/5/2004 hearing & decision, 8/2/06, 9/8/06, High Court hearing re constitutionality of legislation 6/7/06 and 4/8/06, and again on 9/2/07. Trial delayed due to applications to High Court.

2006 Abdul Nacer Benbrika Arrested along with 21 others. Charged with being a leader of a terrorist cell. Trial July 2007.
2006 John Howard Amundsen Charged with using false documents to obtain explosives, preparing to commit an act of terrorism, using telecommunications to make a threat and a hoax threat, possessing a foreign passport without reasonable excuse, and making counterfeit money or counterfeit securities. Terrorism charges dropped, February 2007.
2007 First non-Muslim related terrorist charges Two Melbourne men charged with being members of the Liberation Tigers of Tamil Eelam (LTTE or Tamil Tigers) in Sri Lanka. AFP press release, 1/5/07. Victorian Supreme Court bail application, 17/7/07.

 

State and Territory Anti-Terrorism Legislation

A Summit of Commonwealth and State and Territory Leaders (Leaders’ Summit), held in Canberra on 5 April 2002, resulted in the State governments referring their powers over terrorism offences to the Commonwealth. The Criminal Code Amendment (Terrorism) Act 2003 provides for the Commonwealth to legislate in this area, with agreement from the States for any future amendments. As a result, there is little State and Territory legislation relating to anti-terrorism, although in September 2005 several State governments announced new proposals, including preventative detention measures. 

Miscellaneous Information

Publications etc

Only key reports and special issues of law journals are listed below. For further items, search the Parlinfo database and select Library for journal articles, books and library publications, and Media for newspaper articles and media releases. Although full text searchable, for copyright reasons some material on Parlinfo may be available only to those using the Parliament House computer network.

Annual reports
Other publications
2007
2006
2005
2004
2003
2002
2001
1999

OVERSEAS

INTERNATIONAL LAW

Terrorism treaties

These international treaties have been, or are being implemented, into domestic law by legislation. Unless indicated, the text of each treaty may be found as a schedule to its implementing act. See also 'The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments', The Record (NY City Bar), vol 62 no 1, 2007.

Title
Date
Implementing legislation

Commencement date
1. Convention on Offences and Certain Other Acts Committed on Board Aircraft

1963

Civil Aviation (Offenders on International Aircraft) Act 1970 [now the Crimes (Aviation) Act 1991]

1970

2. Convention for the Suppression of Unlawful Seizure of Aircraft

1970

Crimes (Hijacking of Aircraft) Act 1972 [now the Crimes (Aviation) Act 1991]

1972-73

 


3. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation

1971

Crimes (Protection of Aircraft) Act 1973 [now the Crimes (Aviation) Act 1991]

1973 & 1975.

 


3a. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation

1988

Crimes Legislation Amendment Act 1991

1991

4. United Nations Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents

1973

Crimes (Internationally Protected Persons) Act 1976

1977

5. Convention against the Taking of Hostages 1979 Crimes (Hostages) Act 1989 1990

6. Convention on the Physical Protection of Nuclear Material

1980

Nuclear Non-Proliferation (Safeguards) Act 1987

1987-88

6a. Amendments to the Convention on the Physical Protection of Nuclear Material, done at Vienna on 8 July 2005
[2006] ATNIF 14
2005 Treaty tabled 20/6/2006. Joint Standing Committee on Treaties (JSCOT) report. Non-Proliferation Legislation Amendment Act 2007 2007

7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
1988 Crimes (Ships and Fixed Platforms) Act 1992 1992-93
7a. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf 1988 Crimes (Ships And Fixed Platforms) Act 1992 See above

7b. Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988
2005 Australia signed on 07/03/2006. No legislation  

7c. Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, 1988 ([1993] ATS 11) 2005
2005 Australia signed on 07/03/2006. No legislation  
8. Convention on the Marking of Plastic Explosives for the Purpose of Detection 1991 Treaty tabled 11/10/2005. JSCOT report. Law and Justice Legislation Amendment (Marking of Plastic Explosives) Act 2007 Dependent on the Convention coming into force in Australia.
9. International Convention for the Suppression of Terrorist Bombings 1997. NIA. 1997 Criminal Code Amendment (Suppression of Terrorist Bombings) Act 2002 2002
10. International Convention for the Suppression of the Financing of Terrorism 1999. NIA. 1999 Suppression of the Financing of Terrorism Act 2002 2002
11. International Convention for the Suppression of Acts of Nuclear Terrorism [2005] ATNIF 20 2005 Australia signed 14/09/2005.
Partly implemented by Australian Nuclear Science and Technology Organisation Amendment Act 2006.
2006

 

COUNCIL OF EUROPE

EUROPEAN UNION

Some good websites for keeping up to date include:

CANADA

Legislation

The main anti-terrorism offences are in Part II.1 of the Criminal Code (sections  83.01+). Two major amending acts which formed the basis of this legislation are:

1.   Anti-terrorism Act 2001, chapter 41.

Background to the Act.

18 September 2001
House of Commons devotes much of the day to the topic of Anti-Terrorism Legislation

15 October 2001
Anti-terrorism Bill
( Bill no. C-36. Introduced 15th October 2001 by Hon. Anne McLellan, Minister of Justice and Attorney General). It amends the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other acts, and enacts measures respecting the registration of charities, in order to combat terrorism.

The text of the Bill may be found on the Parliament site and on the University of Toronto Law Library website which also has extensive links to related Canadian and overseas resources. The bill became act number 41 of 2001 (186 pages long)

Parliamentary debates and information about the remaining stages of the Bill may be found in the Hansard index under the heading: "Anti-terrorism Bill (C-36)". Analysis of the Bill by the Canadian Parliamentary Library [available within Parliament only]

The Bill was referred to the Standing Committee on Justice and Human Rights. Its Minutes of Proceedings and Evidence contain discussion of the Bill. ( Note loading of evidence appears to take several days). The Report of the Committee was tabled on 22 November 2001

Highlights of the Bill from the Dept of Justice.

Checks and Balances Under the Proposed Anti-Terrorism Act
Fact sheet from the Dept of Justice

Canadian Center for Public Publicy Alternatives (CCPA) analysis of Bill C-36 - An Act to Combat Terrorism

Protecting human rights and providing security: Amnesty International's comments with respect to Bill C-36

Background on the Bill (from LEGISinfo - Canadian Parliamentary Library)

2.   Public Safety Act 2004, chapter 15.

Background on the Bill (from LEGISinfo - Canadian Parliamentary Library)

Other Canadian Information

NEW ZEALAND

UNITED KINGDOM

Sites

UNITED STATES

The main anti-terrorism Act passed after 11 September is the USA Patriot Act 2001 (Bill no. H.R. 3162; Public Law no: 107-56). The Homeland Security Act 2002 (Bill no. H.R. 5005; Public Law no: 107-296) creates a new Department of Homeland Security to oversee national security matters previously the responsibility of 22 separate agencies. Other versions of the Patriot Act and related legislation were also introduced. These may be found in the sites listed below.  Current terrorism offences are reprinted mainly in the US Code, Title 18, Chapter 113B.
Legislative proposals leading to the PATRIOT Act and other legislation
Analysis of the PATRIOT Act
Other resources
Military Tribunals

OTHER COUNTRIES

OTHER GUIDES TO TERRORISM RESOURCES

  • A Research Guide to Cases and Materials on Terrorism (May 2006), compiled by Andrew Grossman. Although reasonably well structured this guide has uneven and patchy coverage. Despite its title, it concentrates on US and UK material .

  • War Against Terrorism links. Compiled in Canada this site has hundreds of links to documents and information arranged into subject categories. Regularly updated. Documents and Civil Liberties categories are particularly useful.

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