|
|||
|
|||
|
 |
|
Chronology of Legislative and Other Legal Developments from 11 September 2001 to December 2007 (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 until the change of Government in late 2007. 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". This is updated annually (see Budgets > [Date of budget] > Portfolio Budget Information Kit > Fact or Information Sheets. See also regular reports submitted by the Government to the United Nations on terrorism legislation.
Legislation introduced during 2007 |
December 21
Second control order under terrorism legislation
made [on David Hicks] (Jabbour
v Hicks [2007] FMCA 2139) interim order; [2008]
FMCA 178 interim order confirmed). See also Anti-terrorism
control orders in Australia and the United Kingdom: a comparison
(2008)
September 20
Communications
Legislation Amendment (Crime or Terrorism Related Internet Content) Bill
2007 introduced..
Amends the Broadcasting Services Act 1992 to expand the ‘black list’
of internet addresses maintained by the Australian Communications and
Media Authority to include terrorism and cyber crime websites hosted domestically
and overseas. The Bill lapsed at the November election
August 2
High Court upholds the constitutional validity of
control orders made under terrorism legislation (Thomas
v Mowbray [2007] HCA 33)
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. (Minister
for Immigration & Citizenship v Haneef [2007] FCAFC 203 (21 December
2007)
Aviation
Legislation Amendment (2007 Measures No. 1) Bill 2007 (Act
no. 131, 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 (Act
no. 177, 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, 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, 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.
Bill lapsed with 2007 election.
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, 2006) + Anti-Money
Laundering and Counter-Terrorism Financing (Transitional Provisions and
Consequential Amendments) Bill 2006 (Act
no. 170, 2006) 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, 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
(Act
no. 5, 2007) 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
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. Bills
Digest. 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) Bill
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. Committee
report. 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. 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 reintroduced (see March 24). Lapsed. Reintroduced 17/11/04. Act no. 152, 2004. 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.
June 17
Anti-terrorism
Bill (No. 2) 2004 (Act no. 124, 2004) introduced. Committee
report. 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.
May 27
National
Security Information (Criminal Proceedings) Bill 2004 introduced.
Lapsed. Reintroduced 17/11/04. Act no. 150. Committee
report. 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. Committee report. 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. Committee
report. 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. Reintroduced 24 /6/04 (as
Bill No. 2) and again on 17/11/04. Act no. 152. Committee
report. 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.
Committee
report. 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. Committee
report . 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 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 (Act
no. 7, 2004) and
Criminal Code Amendment (Hizballah) Bill 2003 (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. Bills
Digest -- Committee
report. 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] [2003] (Act no. 77, 2003) reintroduced after being
withdrawn on 13 December 2002.
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 12
Criminal
Code Amendment (Terrorism) Bill 2002 (Act no 40, 2003) introduced.
Bills
Digest. Re-enacts 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.
November 14
Charter of the United Nations Amendment Bill 2002 (Act no. 124,
2002) introduced to allow holders of terrorist assets, as well as owners,
to apply for permission to deal with freezable assets.
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) Bill 2002 (Act no.
106, 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]
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
Criminal Code Amendment (Terrorist Organisations) Bill 2002 (Act
no. 89, 2002) introduced and passed the same day to enable outlawed terrorist
organisation regulations to take immediate effect
October 22
Crimes
Amendment Bill 2002 (Act no. 88, 2002) introduced to allow Crimtrac,
the national DNA database, to be used to identify Bali victims
October 21
Government outlaws the Al Qaeda terrorist organisation (Criminal
Code Amendment Regulations 2002 (No. 2) [Statutory Rule no. 249
of 2002]
October 12
Bali terrorist bombings
kill Australians and other nationals. Government
orders review of current terrorist legislation (Press
release)
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 Multi-jurisdictional
Crime
March 21
Australian
Security Intelligence Organisation Legislation Amendment (Terrorism) Act
2002 introduced. 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 (Reports 18/6/2002,
3/12/2002)
and the Joint
Parliamentary Committee on ASIO, ASIS and DSD. In addition, the Senate
Standing Committee for the Scrutiny of Bills report
highlights concerns with human rights issues. Because of adverse
committee comments, the bill was withdrawn on 13 December 2002 and reintroduced
with amendments on 20 March 2003 becoming act no. 77 of 2003
March 12
The government's main package of anti-terrorism legislation introduced:
Explanatory memorandum, the Attorney-General's 2nd reading speech, Parliamentary debates and bills digest for each bill are linked to the names of the bills above. 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) Bill 2002 (Act
no. 9, 2002) introduced into Parliament. The first of the Goverment's
package of anti-terrorism legislation.
Legislation introduced during 2001 |
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. News
release of the Attorney-General and Minister for Foreign Affairs containing
Charter of the United Nations (Anti-terrorism - Persons and Entities)
List 2001 and 2001 (No.2). For additions and amendments, see the Dept
of Foreign Affairs and Trade International Coalition
Against Terrorism page
December 18
Cabinet approves more anti-terrorism measures as a result of the internal
review established on 26 September (Attorney-General's
news release)
October 30
Prime Minister says that the Government will discuss with the States a
proposal for a new Commonwealth constitutional power to fight terrorism
(Prime
Minister's news release)
October 21
Australia signs the 1999 United
Nations International Convention for the Suppression of the Financing
of Terrorism (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
Rule 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 Rule no 298/2001) made. Further implements the Security
Council Resolution 1333, made on 19 December 2000, by, among other matters,
imposing a freeze on the assets of Usama bin Laden and his associates
October 5
Reserve Bank of Australia gazettes a Variation of Authority under Regulation
39 of the Banking
(Foreign Exchange) Regulations 1959 prohibiting foreign currency transactions
with various terrorist organisations (Commonwealth of Australia Gazette,
no. S 416, 5 October 2001) (Reserve
Bank media release). Amended on 17th October (Gazette, no. S439) (Reserve
Bank media release). Further amended on 9th November (Gazette, no.
S462 of 2001) (Reserve
Bank media release) and on 22 May 2002 (Gazette, no. GN 20). Government
revokes Variations in September 2002 as they were superseded 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
news 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 |
Of all the Australian jurisdictions, only the Northern Territory had a specific terrorism criminal offence in 2001. Federal legislation which could be used against terrorists is listed below and includes offences such as aircraft hijacking, murder, bombing as well as criminal investigation legislation. Some legislation had been passed in order to implement international treaties on terrorism.
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. Retrial of original charges ordered by the Vic Court of Appeal [2008] VSCA 107. Found guilty (23/10/08) of possessing a false passport but not of receiving funds from al-Qaeda |
| 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. Appeal dismissed 20/12/07. Further appeal to the High Court refused 13/6/08 [2008] HCATrans 225 |
| 2006 | Belal Khazaal | Charged with inciting terrorism by producing a book on how to wage a jihad. Found guilty by NSW Supreme Court jury in September 2008. Sentenced to12 years imprisonment. |
| 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. Charge dropped 12/11/07 after trial judge criticises conduct of ASIO officers 5/11/07. IGIS report |
| 2006 | Abdul Nacer Benbrika | Arrested along with 21 others (11 in Victoria & 9 in NSW). Charged with being a leader of a terrorist cell. Trial before Victorian Supreme Court February-September 2008. Some related decisions on AustLII eg [2007] VSC 261. Found guilty by a jury 15 Sept 2008. Judge's sentencing remarks. Of the 9 arrested in Sydney 4 pleaded guilty to lesser charges, while 5 were found guilty of conspiracy & sentenced to a maximum of 23 to 28 years imprisonment on 15/2/10 |
| 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 (Aruran Vinayagamoorthy and Sivarajah Yathavan) 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. Trial due 1 February 2010. |
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.
In 2009 Thomson Reuters published a chapter on federal terrorism law in volume 3 of its looseleaf service Federal Offences, by Odgers, Nash and Bagaric.This chapter is available to users of the Parliament House computer network.
2008 Fresh
Perspectives on the ‘War on Terror’, editors
Miriam Gani and Penelope Mathew, ANU E Press.
Contents: 1. Letters from the Front (Miriam Gani and Penelope Mathew)
-- 2. Islam and the Politics of Terrorism: Aspects of the British Experience
(John Strawson) -- 3 .Another Modest Proposal: In Defence of the Prohibition
against Torture (Desmond Manderson) -- 4. Protecting Constitutionalism
in Treacherous Times: Why ‘Rights’ Don’t Matter (W Wesley
Pue) -- 5. Balancing Security and Liberty: Critical Perspectives on Terrorism
Law Reform (Simon Bronitt) -- 6. Lay Perceptions of Terrorist Acts and
Counter-Terrorism Responses: Role of Motive, Offence Construal, Siege
Mentality and Human Rights (Mark Nolan) -- 7. The Proportionality Principle
in the Context of Anti-Terrorism Laws: An Inquiry into the Boundaries
between Human Rights Law and Public Policy (Christopher Michaelsen) --
8. More Law or Less Law? The Resilience of Human Rights Law and Institutions
in the ‘War on Terror’ (Andrew Byrnes) -- 9. Black Holes,
White Holes and Worm Holes: Pre-emptive Detention in the ‘War on
Terror’ (Penelope Mathew) -- 10. Forgiving Terrorism: Trading Justice
for Peace, or Imperiling the Peace? (Ben Saul) -- 11. The European Union
as a Collective Actor in the Fight against Post-9/11 Terrorism: Progress
and Problems of a Primarily Cooperative Approach (Jörg Monar) --
12. The European Union, Counter-Terrorism Sanctions against Individuals
and Human Rights Protection (Gabriele Porretto) -- 13. How Does it End?
Reflections on Completed Prosecutions under Australia’s Anti-Terrorism
Legislation (Miriam Gani) -- 14. Executive Proscription of Terrorist Organisations
in Australia: Exploring the Shifting Border between Crime and Politics
(Russell Hogg) -- 15. Strapped to the Mast: The Siren Song of Dreadful
Necessity, the United Kingdom Human Rights Act and the Terrorist Threat
(Colm O’Cinneide) -- 16. The ACT Human Rights Act 2004 and the Commonwealth
Anti-Terrorism Act (No 2) 2005: A Triumph for Federalism or a Federal
Triumph? (Andrew Byrnes and Gabrielle McKinnon)
2007 Law and Liberty in the War on Terror,
editors Andrew Lynch, Edwina MacDonald, George Williams. Federation Press.
Contents: Law as a preventative weapon against terrorism (Philip Ruddock)
-- Legality and emergency: the judiciary in a time of terror (David Dyzenhaus,
Raymond Thwaites) -- The Curious element of motive in definitions of terrorism:
essential ingredient or criminalising thought? (Ben Saul) -- The Case
for redefining terrorism with restraint and without reference to political
or religious motive (Kent Roach) -- The Effectiveness of criminal laws
on terrorism (Robert Cornall) -- Preparation for terrorism: catastrophic
risk and precautionary criminal law (Andrew Goldsmith) -- Australia's
terrorism offences: a case against (Patrick Emerton) -- Reconciling security
and the right to a fair trial: the National Security Information Act in
practice (Stephen Donaghue) --Preserving national security in the courtroom:
a new battleground (Phillip Boulton) -- Control orders and preventative
detention: why alarm is misguided (Geoff MacDonald) -- A Judicial perspective:
the making of preventative detention orders (Margaret White) -- The Constitutional
validity of prevention detention (James Renwick) -- When are restrictions
on speech justified in the war on terror? (Katherine Gelber) -- Torture,
the fallacy of the ticking bomb (Sarah Joseph) -- Torture, what is it,
will it work and can it be justified? (Neil James) --Counter-terrrorism
laws in New Zealand (Alex Conte) -- The United Kingdom's anti-terrorism
laws: lessons for Australia (Clive Walker) -- Muslim communities: their
voice in Australia's terrorism laws and policies (Waleed Aly) -- News
media responsibilities in reporting on terrorism (Tanja Dreher) -- Achieving
security, respecting rights and maintaining the rule of law (Andrew Lynch)
2006 What
Price Security? Taking Stock of Australia's Anti-terror Laws
/ Andrew Lynch & George Williams. University of New South Wales Press.
Contents: Crimes of terror -- Monitoring, questioning and detaining: ASIO's
new powers -- Pre-emptive policy: preventative detention and control orders
-- Shades of grey: freedom of speech -- Prosecuting terrorists -- What
price security?
This book is available online only to users of the Parliament House computer
network.
Other publications
2008 Anti-Terrorism Laws: A Guide for Community Lawyers (Federation of Community Legal Centres (Victoria))
http://www.communitylaw.org.au/public_resource_details.php?resource_id=64These international treaties have been, or are being implemented, into Australian 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 7/3/2006. 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 7/3/2006. 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 | 2007 |
| 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: Anti-terrorism Act 2001, chapter 41. [ Analysis of the Bill (Intranet copy) and Background on the Bill (from LEGISinfo - Canadian Parliamentary Library)] and the Public Safety Act 2004, chapter 15 [Background on the Bill (from LEGISinfo].
The main act is the Terrorism Suppression Act 2002 (formerly Terrorism (Bombings and Financing) Suppression Bill 2002). Commentaries on the law include:
The main UK legislation is, unfortunately, spread over several acts, none of which appears to be published in an up to date form on the internet. They are the Terrorism Act 2000, Anti-terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005, Terrorism Act 2006 and the Counter-Terrorism Act 2008. Copies of these acts may be found on the UK Statute Law Database, which has an updating facility for some acts.
More information may be found on the Home Office website which includes texts of legislation, reviews on the operation of the legislation, as well as the List of banned terrorist organisations in the UK. See also Halsbury's Laws of England > Criminal Law Evidence & Procedure (vol 11) > 5. Offences against the state or security > 6. Prevention of terrorism.
The United States already had anti-terrorism legislation before 11 September 2001 and after that date passed two major acts: the USA Patriot Act 2001 (Bill no. H.R. 3162; Public Law no: 107-56), and the Homeland Security Act 2002 (Bill no. H.R. 5005; Public Law no: 107-296) which created a new Department of Homeland Security to oversee national security matters previously the responsibility of 22 separate agencies. Current terrorism offences are reprinted mainly in the US Code, Title 18, Chapter 113B.
