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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.
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.
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.
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
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.
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)
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
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)
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. |
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.
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 |
1991 |
|
| 4. United Nations Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents | 1973 |
1977 |
|
| 5. Convention against the Taking of Hostages | 1979 | Crimes (Hostages) Act 1989 | 1990 |
6. Convention on the Physical Protection of Nuclear Material |
1980 |
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 |
Some good websites for keeping up to date include:
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:
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
Background on the Bill (from LEGISinfo - Canadian Parliamentary Library)
Background on the Bill (from LEGISinfo - Canadian Parliamentary Library)
