Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters)

Current status

This bill became law on Nov 9th, 2022.

Policy area

Immigration, border & security

What does this bill do?

Australia keeps three federal counter-terrorism powers in force for one more year, so they continue until 7 December 2023 instead of ending in 2022.

Why was it introduced?

Key AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counter-terrorism powers were due to expire on 7 December 2022 while Australia’s terrorism threat level remained probable. The bill keeps those stop, search, control orderA court order that can put limits on a person, such as where they can go or what devices they can use, if there is a terrorism risk. and preventative detention powers in force for another year, until 7 December 2023.

Broader context

Australia had long-standing federal counter-terrorism powers for AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. stop, search, seizure, control orders and preventative detention, but those temporary powers were due to expire on 7 December 2022 even as the terrorism threat level remained probable. The bill was introduced to stop that lapse, Parliament passed it in October 2022, and Royal AssentThe final step that turns a passed bill into law. in November kept the powers operating for another year, through to 7 December 2023.

Key criticism

The main criticism was that the bill kept extraordinary counter-terrorism powers in force even though they are broad, secretive and can cut too far into basic rights and the rule of law. That concern was raised most clearly by crossbencher Kylea Tink, while several government and opposition supporters also said the extension should stay temporary and be subject to close review and stronger safeguards.

Who supported it?

Hon Mark Dreyfus KC, MP introduced this bill. It passed with support from Labor, Liberal Party, Nationals, Jacqui Lambie Network, some crossbench members; opposed by Greens.

Introduced in House 08 Sept 2022
Passed House 28 Sept 2022
Passed Senate 27 Oct 2022 Aye 50 No 11
Became law 09 Nov 2022

Did it become law?

Yes

Became law 09 Nov 2022

Final passage

Recorded final vote

1 counted final-passage vote was recorded.

Passage speed

62 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Australia keeps three federal counter-terrorism powers in force for one more year, so they continue until 7 December 2023 instead of ending in 2022.

  2. Australian Federal PoliceThe federal police force that gets the counter-terrorism powers being extended in this bill. keep emergency powers to stop people, search them or places, seize terrorism-related items, and enter premises without a warrant to prevent an imminent serious threat.

  3. Federal courts keep the power to place restrictions and conditions on a person reasonably suspected of involvement in terrorism to help protect the public from a terrorist act.

  4. Australian Federal PoliceThe federal police force that gets the counter-terrorism powers being extended in this bill. keep the power to detain a person without charge for a short period if they reasonably suspect a terrorist attack could happen within 14 days or if detention is needed to preserve evidence after an attack.

Show source excerpts
  1. This Bill would extend for 12 months (until 7 December 2023) the sunsetting dates for stop, search and seizure powers, control orders and preventative detention orders.
    Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) explanatory memorandum
  2. The emergency stop, search and seizure powers in the Crimes Act ensure that people are able to respond consistently and effectively to a terrorist incident or threat. The powers allow police to request a person's name, address and other details; they allow police to conduct a search for a terrorism related item and to seize such an item; and they allow police to enter premises without a warrant to prevent a serious and imminent threat to a person's life, health or safety.
    Minister's second reading speech
  3. Control orders under division 104 of the Criminal Code allow federal courts to impose an order that places certain obligations, prohibitions and restrictions on an individual reasonably suspected of involvement in terrorism activity. The conditions must be reasonably necessary and reasonably appropriate and adapted to protect the public from a terrorist act.
    Minister's second reading speech
  4. Preventative detention orders under division 105 of the Criminal Code allow a person to be detained without charge. These extraordinary powers can only be used where the AFP reasonably suspects an attack could occur within 14 days, or in the aftermath of a terrorist attack to preserve vital evidence.
    Minister's second reading speech

Broader context for this bill

Australia had long-standing federal counter-terrorism powers for AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. stop, search, seizure, control orders and preventative detention, but those temporary powers were due to expire on 7 December 2022 even as the terrorism threat level remained probable. The bill was introduced to stop that lapse, Parliament passed it in October 2022, and Royal AssentThe final step that turns a passed bill into law. in November kept the powers operating for another year, through to 7 December 2023.

  1. 2004-2005

    Temporary counter-terrorism powers date from the mid-2000s

    House speakers referred to legislation being introduced in 2004. The explanatory memorandum says the preventative detention orderA short-term detention order that lets police hold a person to stop a terrorist act or preserve evidence after an attack. regime commenced in 2005, so the bill is best understood as extending mid-2000s powers rather than powers all created in one year.

    Hansard and explanatory memorandum ↗
  2. 08 Sept 2022

    Government moves to stop key AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. powers expiring in December 2022

    Introducing the bill, the Attorney-General said terrorism remained a real and enduring challenge and the powers were due to sunsetThe planned expiry date for a law or power if Parliament does not extend it. on 7 December 2022 unless Parliament extended them.

    Hansard ↗
  3. 27 Oct 2022

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way for the one-year extension of the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. powers.

    Parliamentary timeline ↗
  4. 09 Nov 2022

    Royal AssentThe final step that turns a passed bill into law. keeps the powers in force until 7 December 2023

    Royal AssentThe final step that turns a passed bill into law. turned the bill into law, ensuring the stop, search, control orderA court order that can put limits on a person, such as where they can go or what devices they can use, if there is a terrorism risk. and preventative detention powers continued for another year instead of lapsing in 2022.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 08 Sept 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 08 Sept 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 27 Sept 2022

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 27 Sept 2022

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Federation Chamber debate 27 Sept 2022

The bill reached this recorded parliamentary step.

Second reading debate

Second reading debate 28 Sept 2022

The bill reached this recorded parliamentary step.

House second reading agreed 28 Sept 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Returned from Federation Chamber 28 Sept 2022

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House third reading agreed 28 Sept 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 28 Sept 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 28 Sept 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Human Rights review 28 Sept 2022

The Parliamentary Joint Committee on Human Rights recorded consideration of the bill in Report 4 of 2022.

Considered by scrutiny committee

APH bill page notes
Scrutiny of Bills review 28 Sept 2022

The Senate Standing Committee for the Scrutiny of Bills recorded consideration of the bill in Scrutiny Digest 6 of 2022.

Considered by scrutiny committee

APH bill page notes
Senate second reading agreed 27 Oct 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate third reading agreed Aye 50 No 11 27 Oct 2022

Recorded vote: 50 to 11.

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 27 Oct 2022

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 09 Nov 2022

The Governor-General gave Royal AssentThe final step that turns a passed bill into law., turning the bill into an Act.

The main case against this bill

The main criticism was that the bill kept extraordinary counter-terrorism powers in force even though they are broad, secretive and can cut too far into basic rights and the rule of law. That concern was raised most clearly by crossbencher Kylea Tink, while several government and opposition supporters also said the extension should stay temporary and be subject to close review and stronger safeguards.

No party represented in the debate opposed the bill, but some support was clearly conditional on later reform.

Civil liberties and secrecy

Critics warned the bill continues emergency-style powers that are too expansive and secretive, risking unfair limits on individual rights and normalising extraordinary state powers.

Raised by Kylea Tink, with similar civil-liberties cautions from some other supporters Source ↗

Extension without full reform

A recurring reservation was that Parliament was extending serious powers for another year instead of settling the longer-term safeguards and reforms recommended by the bipartisan review, so the bill should be treated as a temporary stopgap only.

Raised by Kylea Tink, James Stevens, Rowan Ramsey, Russell Broadbent and other conditional supporters Source ↗

Recorded votes

How the bill itself passed

The chamber-passage votes come first. Expand a vote to see the party breakdown.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

28 Sept 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Carried

Senate passed the bill

Aye 50 No 11

Passed 50 to 11. Support came from Labor, Liberal Party, Nationals, Jacqui Lambie Network, and minor parties and independents. Opposition came from Greens.

27 Oct 2022

Party Recorded votes Aye / No
Labor 16 / 0
Liberal Party 15 / 0
Greens 0 / 11
Unknown 12 / 0
Nationals 4 / 0
Independent 1 / 0
Jacqui Lambie Network 1 / 0
One Nation 1 / 0

These are votes on the bill itself rather than amendment votes.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 08 Sept 2022

Dreyfus supports the bill and says it is needed to extend key counterterrorism powers for another 12 months while the government considers the bipartisan review's recommended safeguards.

Read in Hansard ↗
Lead supporting voice Supports

Karen Andrews

Liberal Party • MP 27 Sept 2022

Andrews supports the bill, saying it is needed to extend key AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counterterrorism powers for another 12 months because the terrorism threat remains real and the police still need those tools to protect the community.

Read in Hansard ↗
Lead non-major voice Supports

Kylea Tink

Independent • MP 27 Sept 2022

Tink supports the bill because it gives the government time to review and reform Australia’s counterterrorism laws, but she says the existing powers are too expansive, too secretive and need stronger justification and safeguards.

Read in Hansard ↗
Lead voice Supports

Jason Wood

Liberal Party • MP 27 Sept 2022

Wood supports the bill and says the extension of AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counter-terrorism powers for another 12 months is necessary to keep Australians safe.

Read in Hansard ↗

All speeches by bloc

Labor

2 speakers · 2 support

  1. Carol Brown Brown supports the bill, saying it will extend key counter-terrorism powers for 12 months so Australia can keep those protections in place while the government consults on the committee’s recommended safeguards.
    “This Bill would extend the relevant sunset dates by 12 months so that there is sufficient time to consult on, and then implement, the Government's response to the Committee's bipartisan recommendations over the coming months.”

    Australian Labor Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗

Coalition

16 speakers · 16 support

  1. Russell Broadbent Broadbent says he supports the bill, but only after warning that laws affecting individual freedom need to be treated very seriously and kept under close scrutiny.
    “We've had the blue about it, and now we're agreeing with and supporting this legislation. Thank you for your indulgence.”

    Liberal Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  2. Henry Pike Pike says the opposition will support the bill because Australia still faces a probable terrorist threat and the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. needs these powers to keep people safe.
    “While I'm new to this chamber, I also believe with some confidence that all members in this place also hold as their highest priority the obligation to keep Australians safe, especially from those who wish to do us harm, both from abroad and from within. It is to this end that the coalition acknowledges the vital importance of maintaining the security architecture that it previously put in place to meet the threat of terrorism on home soil. For this reason, the opposition is going to be supporting this bill.”

    Liberal National Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  3. James Stevens James Stevens supports the bill and wants the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. powers extended, saying they are necessary to protect Australians from terrorism and that the sunsetThe planned expiry date for a law or power if Parliament does not extend it. extension gives time for further consultation and a more permanent arrangement.
    “On that basis, I am very much comfortable in supporting something which I have a natural trepidation towards but which does need to meet a very high standard of justification. These are significant powers that we would ordinarily be quite nervous about providing to any government agency, but I do believe that when it comes to counterterrorism and equipping the agency with the necessary powers that they need to do their job, as long as members of parliament have been given a strong justification through an appropriate way, which I've just outlined, I think that we should be backing and supporting the Australian Federal Police and equipping them with the necessary powers they need to keep us safe from terrorism. I commend the bill to the House.”

    Liberal Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  4. Andrew Wallace Andrew Wallace supports the bill and says it is needed to keep AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counterterrorism powers in place for another 12 months while Parliament works on longer term legislation.
    “I rise in support of the Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill 2022. There is an often-quoted phrase that eternal vigilance is the price of liberty. That phrase is often ascribed to Thomas Jefferson, but the first person that is purported to have said it was an Irishman, John Philpot Curran, who back in 1790 said, 'The condition upon which God hath given liberty to man is eternal vigilance'. That pretty much sums up the importance of this bill.”

    Liberal National Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  5. Rowan Ramsey Rowan Ramsey supports the bill's 12-month extension of the temporary counter-terrorism powers, saying it gives Parliament time to properly consider the committee's recommendations.
    “The Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill 2022 is about the extension of temporary arrangements to enable the parliament to act on the recommendations of the Parliamentary Joint Committee on Intelligence and Security for tightening the permanent legislation. It is a priority, but it should not be rushed. I note the comments from the member for North Sydney, when she warned that we should not indefinitely have temporary arrangements and that we should be wary of encroachment on our civil liberties. I agree with her. Those are sound points. We do live in a precarious world, and who would have thought 20, 25 or 40 years ago that we would find ourselves with the kind of restrictions in our lives that we accept now for the public good—and, to be fair, Australia has been spared many of the terrorist acts that have happened around the world. I'm not critical of where we've arrived at—I'm certainly critical of those who have forced us into these positions—but in this case I think it's right that we should extend this temporary legislation for another 12 months while proper and correction consideration is given to that report.”

    Liberal Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  6. David Coleman David Coleman supports the bill and says counter-terrorism laws should be kept in place because protecting the public must come first.
    “It's good that the Parliamentary Joint Committee on Intelligence and Security has done such thorough and thoughtful work in reviewing this legislation, and I think it is eminently sensible of the government to take its time to carefully review that in the intervening 12 months, leaving in place the laws which are working effectively and coming back to this parliament in 12 months time with proposals as to how to further improve those laws.”

    Liberal Party • MP • 27 Sept 2022

    Read the full speech in Hansard ↗
  7. Bridget Archer Archer supports the bill because she says it keeps key counterterrorism powers in place so the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. and security agencies can respond to evolving threats while Parliament works through the committee's recommended reforms.
    “The extension of the sunsetting date of these powers ensures that the Australian Federal Police continue to have appropriate powers to respond to terrorism related threats and, importantly, allows the parliament enough time to consider the complex recommendations of the PJCIS on future updates to these powers.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  8. Keith Wolahan Wolahan supports the bill and says the terrorism powers strike the right balance between keeping Australians safe and protecting liberty and the presumption of innocence.
    “I commend the report from the joint standing committee. There's a lot of work in it. They heard submissions from human rights commissioners and the Law Council, who gave quite harrowing stories of some people who were permanently affected by this and ultimately proved to be innocent. We should never forget that the presumption of innocence is such an important part of who we are—not just our judicial system but our sense of fairness. We'll have that debate about the anti-corruption commission today, but at the pointy end of criminal law is where it matters most. I think we should make sure we get this balance right. I commend the report by the joint standing committee, and I commend the amendment.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  9. Garth Hamilton Hamilton supports the bill and says it will extend AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counter-terrorism powers so police keep the tools needed to protect Australians.
    “I rise to support the bill before the House. It's a continuation of counterterrorism powers held by the AFP. These powers were brought in by our previous coalition government, and they are due to sunset on 7 December 2022. This bill, the Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill, extends the powers until December 2023.”

    Liberal National Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  10. Aaron Violi Violi supports the bill, saying it keeps Australians safe by extending important AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counterterrorism powers while giving Parliament time to work through the committee's recommendations.
    “Every Australian deserves to live carefree, with the knowledge that their law enforcement agencies are doing everything that they can to prevent terrorist activity on our country's soil. The extension of the sunsetting date of these vital powers that the Australian Federal Police hold will allow them to continue to respond to terrorist threats, while giving the parliament sufficient time to ensure the complex recommendations of the Parliamentary Joint Committee on Intelligence and Security on updating these powers. I am proud to support this bill, and I commend this bill to the House.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  11. Nola Marino Marino supports the bill, saying it is needed to continue key counterterrorism powers for the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. so it can keep Australians safe.
    “This bill, the Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Bill 2022, is very important, given that Australia's national terrorism threat level is 'probable'. This means that there's very credible intelligence, assessed by Australian security agencies, that individuals and groups have the intent and capability to conduct a terrorist act in Australia. This bill will provide for the continuation of key counterterrorism powers that the AFP needs to help keep Australians safe.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  12. Michael McCormack McCormack supports the bill and says it should be passed quickly to keep essential counter-terrorism powers in place and help police and security agencies protect Australians.
    “We ought not delay this bill. It should be passed as soon as practicable, to give our police and all our protective, security and intelligence agencies all the help they need. We should never decry what our police and those agencies do in the name of freedom, in the name of democracy and in the name of keeping Australia and Australians safe. I commend the bill.”

    National Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  13. Scott Buchholz Scott Buchholz supports the bill and says it is a routine, bipartisan measure that gives the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. the tools it needs for counterterrorism and national security.
    “When we grasp what a country that is under constant terrorism threat looks like, and we cross-reference that to what we have here, it is a good thing that both sides of our House are united in arming our AFP personnel with the tools that they need—and I commend them for never having had to engage one of them. But the fact that we arm them gives us a sense of what our preparedness is and the lengths that we will go to to protect the freedoms and the liberties that we have, and the extent that this parliament will go to to protect those, so that, every night when we put our head on our pillow, we sleep under a blanket of security provided by our forefathers and the fact that our AFP personnel will fight to protect us on a daily basis. I commend the bill to the House.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  14. David Gillespie Gillespie supports the bill, saying the AFPThe federal police force that gets the counter-terrorism powers being extended in this bill. counter-terrorism powers are reasonable and should be extended for another 12 months because the threat of attack remains serious.
    “When our AFP get information, they can only detain a person for an expected 14 days. After that, they are released or it goes to a court and is judged by normal processes. It has a limited immediate application, and I think that the powers that are embodied in this are reasonable, considering the seriousness of the possibilities of a terrorist attack when they get this sort of information. I know they've used this without legislation—the principle of intelligence. So they've gone through the process, but sometimes things move very rapidly, and I think extending it for another 12 months seems a reasonable move for exceptional situations. So I look forward to this initiative getting support in the House, and I've said my piece.”

    National Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

Full record

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