Human rights and proportionality concerns
Opponents argued the declared areas offence is not a proportionate limit on rights and that extending it without stronger safeguards risks unjustly criminalising travel or presence in overseas areas.
Counter-Terrorism Legislation Amendment (Declared Areas)
Current status
This bill became law on Sep 2nd, 2024.
Policy area
Immigration, border & security
What does this bill do?
Australia keeps the offence for entering or staying in a terrorist-declared overseas area in force until 7 September 2027, so people can still be prosecuted for going there without a legitimate reason.
Why was it introduced?
The offence for entering or staying in a terrorist-declared areaAn overseas area declared by the Foreign Affairs Minister because a listed terrorist organisation is engaging in hostile activity there. The Criminal Code offence applies to entering or remaining in that area without a legitimate reason. was due to expire on 7 September 2024, which would remove a tool used to disrupt and prosecute returning foreign fighters when evidence is hard to gather in conflict zones. The bill extends that offence and the matching area-declaration power to 7 September 2027 and removes an obsolete review provision.
Broader context
Australia already had a declared-areas offence aimed at stopping Australians from travelling to overseas conflict zones where terrorist groups were active, but that offence and the matching power to declare those areas were due to expire on 7 September 2024 even though it remained hard to gather evidence from war zones and foreign-fighter cases. After the 7 October 2023 Hamas attacks on Israel and ASIO’s 5 August 2024 decision to raise the national terrorism threat level to probable, Parliament passed this bill to keep both powers in force until 7 September 2027.
Key criticism
Critics said the bill extends a serious restriction on movement and association without enough proof of a current need, while leaving human rights and proportionality concerns unresolved. That case was raised most clearly by the Greens and some crossbench independents, while the major parties still backed the extension and some supporters only called for tighter review or safeguards.
Who supported it?
Hon Mark Dreyfus KC, MP introduced this bill. It passed on the voices.
Introduced in House 27 Mar 2024
Passed House 12 Aug 2024
Passed Senate 21 Aug 2024
Became law 02 Sept 2024
Did it become law?
Yes
Became law 02 Sept 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
159 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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Australia keeps the offence for entering or staying in a terrorist-declared overseas area in force until 7 September 2027, so people can still be prosecuted for going there without a legitimate reason.
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The Foreign Affairs Minister's power to label an overseas place as a terrorist-declared areaAn overseas area declared by the Foreign Affairs Minister because a listed terrorist organisation is engaging in hostile activity there. The Criminal Code offence applies to entering or remaining in that area without a legitimate reason. now also ends on 7 September 2027, matching the expiry dateA built-in expiry date. Unless Parliament extends or replaces the law before that date, the relevant provision stops operating. of the travel offence.
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The law removes an expired review provision for the Parliamentary Joint Committee on Intelligence and SecurityThe Parliamentary Joint Committee on Intelligence and Security, the parliamentary committee that reviews intelligence and national security legislation., because that committee's chance to review these declared-area laws before 7 January 2024 has passed.
Show source excerpts
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The effect of this amendment would be to extend the operation of the offence for entering or remaining in a declared area by three years to 7 September 2027. Extending the offence by three years reflects the continued appropriateness of the provisions and is consistent with the previous two extensions made in 2018 and 2021 in accordance with recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS). This would allow for continued, periodic review of the appropriateness of this framework.
Counter-Terrorism Legislation Amendment (Declared Areas) explanatory memorandum -
(9) This section ceases to have effect at the end of 7 September 2027.
Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024 final Act text -
Item 3 would repeal paragraph 29(1)(bbaa) of the Intelligence Services Act 2001 (Intelligence Services Act), which provides that the PJCIS may, should it resolve to do so, review the operation, effectiveness and proportionality of sections 119.2 and 119.3 of the Criminal Code prior to 7 January 2024. The PJCIS did not resolve to undertake such a review. As this mandate is exhausted, it is appropriate that this provision is repealed.
Counter-Terrorism Legislation Amendment (Declared Areas) explanatory memorandum
Context
Broader context for this bill
Australia already had a declared-areas offence aimed at stopping Australians from travelling to overseas conflict zones where terrorist groups were active, but that offence and the matching power to declare those areas were due to expire on 7 September 2024 even though it remained hard to gather evidence from war zones and foreign-fighter cases. After the 7 October 2023 Hamas attacks on Israel and ASIO’s 5 August 2024 decision to raise the national terrorism threat level to probable, Parliament passed this bill to keep both powers in force until 7 September 2027.
- 07 Oct 2023
Hamas attacks on Israel sharpen security concerns
Parliamentary speeches later cited the 7 October attacks as a point after which social division and threats of violence in Australia escalated dramatically.
Hansard ↗ - 27 Mar 2024
Government introduces bill to stop the declared-areas laws expiring
The Attorney-General introduced the bill because the offence and the Foreign Affairs Minister’s declaration power were due to sunset on 7 September 2024 despite remaining important for foreign-fighter cases where evidence is difficult to collect in conflict zones.
Hansard ↗ - 05 Aug 2024
ASIO raises the national terrorism threat level to probable
Speeches on the bill pointed to ASIO’s decision as a fresh warning that terrorism had again become one of Australia’s principal security concerns.
Hansard ↗ - 21 Aug 2024
Parliament passes the bill
Both houses agreed to the legislation, clearing the way to extend the offence and the matching declaration power for another three years.
Parliamentary timeline ↗ - 02 Sept 2024
Royal Assent keeps the declared-areas powers alive until 2027
Royal Assent turned the bill into law so the offence and area-declaration power continued to operate until 7 September 2027 instead of lapsing days later.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 27 Mar 2024
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 27 Mar 2024
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Intelligence and Security review 11 Apr 2024
Referred to Committee (11/04/2024): Parliamentary Joint Committee on Intelligence and SecurityThe Parliamentary Joint Committee on Intelligence and Security, the parliamentary committee that reviews intelligence and national security legislation.; Committee report (12/08/2024)
Referred to committee
APH bill page notesSecond reading debate 12 Aug 2024
The bill reached this recorded parliamentary step.
House second reading agreed 12 Aug 2024
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
House third reading agreed 12 Aug 2024
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Introduced 13 Aug 2024
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 13 Aug 2024
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 21 Aug 2024
The bill reached this recorded parliamentary step.
Senate second reading agreed 21 Aug 2024
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 21 Aug 2024
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Passed both houses 21 Aug 2024
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 02 Sept 2024
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main case against this bill
Critics said the bill extends a serious restriction on movement and association without enough proof of a current need, while leaving human rights and proportionality concerns unresolved. That case was raised most clearly by the Greens and some crossbench independents, while the major parties still backed the extension and some supporters only called for tighter review or safeguards.
Most criticism focused on justification and safeguards, not the bill's counter-terrorism goal itself.
Weak evidence for keeping the power
Some critics said the government had not shown a specific present threat requiring the power to continue, and that extending it on a hypothetical future risk was not a strong enough case for renewing an extraordinary offence.
Need for tighter review and exceptions
Even supporters noted the regime still needed close scrutiny, with concern around whether exceptions are broad enough and whether extra safeguards such as a grace period or further review should be added before the next sunset dateA built-in expiry date. Unless Parliament extends or replaces the law before that date, the relevant provision stops operating..
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
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.
Passed
House passed the bill
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.
Passed Senate passed the bill
Senate 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.
Passed
Senate passed the bill
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.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Mark Dreyfus
Dreyfus supports the bill and says it will extend the declared areas provisions for three years because they remain a necessary and carefully targeted part of Australia’s counterterrorism framework.
Read in Hansard ↗ Lead opposing voice Opposes
Kylea Tink
Tink opposes the bill in its current form because she says it lacks sufficient safeguards and is not a proportionate limit on rights, despite accepting that its national security aim is important.
Read in Hansard ↗ Lead supporting voice Supports
Andrew Wallace
Andrew Wallace supports the bill and says the declared areas powers are an essential counter-terrorism tool that help prevent Australians travelling to hostile regions and reduce radicalisation.
Read in Hansard ↗ Lead non-major voice Mixed
Zoe Daniel
Zoe Daniel says she cannot support extending the declared areas powers on the case made by the government, because the bill relies on a hypothetical future threat rather than a specific current need and raises serious human rights concerns.
Read in Hansard ↗All speeches by bloc
Labor
4 speakers · 5 contributions · 4 support
Labor
4 speakers · 5 contributions · 4 support
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Josh Wilson Josh Wilson says Labor supports the bill and wants the declared areas regime to continue for another three years because it helps protect Australians from terrorism-related risk.
“I too speak in support of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. I thank the member for Wannon for his comments and, of course, both the Chair and the Deputy Chair of the Parliamentary Joint Standing Committee on Intelligence and Security for their contribution to the report that was just tabled, which is relevant to the bill we're considering.”
Read the full speech in Hansard ↗ -
Mark Dreyfus ★ 2 contributions Dreyfus supports extending the declared-areas offence for three more years, saying it remains a necessary anti-terrorism measure to stop Australians becoming foreign fighters.
Hansard records 2 separate contributions by Mark Dreyfus on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Dreyfus supports the bill and says it will extend the declared areas provisions for three years because they remain a necessary and carefully targeted part of Australia’s counterterrorism framework. He argues the extension is appropriate in the current threat environment and consistent with past security committee recommendations.
“The bill would extend the offence in section 119.2 for three years, to 7 September 2027. A three-year extension reflects the continued appropriateness of the provisions and is consistent with the previous recommendations made by the Parliamentary Joint Committee on Intelligence and Security. This will be the third time the provision has been extended.”
Read this contribution in Hansard ↗Second reading speech
Dreyfus supports extending the declared-areas offence for three more years, saying it remains a necessary anti-terrorism measure to stop Australians becoming foreign fighters. He also notes the committee's recommended reviews and safeguards, which the government will consider after passage.
“The bill would extend the offence in section 119.2 for three years to 7 September 2027. A three-year extension reflects the continued appropriateness of the provisions and is consistent with previous recommendations made by the Parliamentary Joint Committee on Intelligence and Security, including in its report on the bill. This will be the third time the provision has been extended. The bill would also provide that section 119.3, the provision under which that Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2, also ceases to have an effect on 7 September 2027. This will align the relevant declaration and offence provisions in the criminal code.”
Read this contribution in Hansard ↗ -
Tim Ayres Tim Ayres supports the bill and says it is needed to keep the declared areas offence in place as part of Australia’s counter-terrorism framework.
“The Bill would extend the offence in section 119.2 for three years, to 7 September 2027. A three-year extension reflects the continued appropriateness of the provisions and is consistent with the previous recommendations made by the Parliamentary Joint Committee on Intelligence and Security. This will be the third time the provision has been extended.”
Read the full speech in Hansard ↗ -
Murray Watt Watt supports the bill and says the government needs to keep the declared areas offence in place to protect Australians from the ongoing terrorism threat and foreign fighters.
“The government welcomes the Parliamentary Joint Committee on Intelligence and Security's report on the bill and its unanimous recommendation that the bill be passed. The government has agreed or agreed in principle with all recommendations made by the committee. This bill reflects the government's commitment to protecting Australians against the enduring threat of terrorism. I commend the bill to the Senate.”
Read the full speech in Hansard ↗
Coalition
3 speakers · 3 support
Coalition
3 speakers · 3 support
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Andrew Wallace ★ Andrew Wallace supports the bill and says the declared areas powers are an essential counter-terrorism tool that help prevent Australians travelling to hostile regions and reduce radicalisation.
“This legislation is essential for the peace and prosperity of our country. It prevents Australian lives being lost at home and abroad and it prevents one avenue for radicalisation and organised crime. But this legislation is only effective if a competent government exercises its powers appropriately, effectively and swiftly. We must see these powers exercised as a matter of urgency as the conflict in the Middle East continues to escalate.”
Read the full speech in Hansard ↗ -
James Paterson Paterson says the coalition will support the bill because it extends a counter-terrorism power that he says is needed to stop Australians travelling to conflict zones and to help law enforcement disrupt returning foreign fighters.
“The coalition, of course, will always support sensible changes which ensure our legislation is fit for purpose to enable our intelligence and law enforcement agencies to protect Australians from terrorism, which is why we'll be supporting the passage of this bill.”
Read the full speech in Hansard ↗ -
Dan Tehan Tehan says the opposition will support the bill because the declared areas offence has helped disrupt foreign terrorist fighters and remains an important tool for protecting Australians.
“But, in terms of this bill and making sure that it passes through this place, we support it because it was, in fact, a coalition government that put these measures in place in the first instance.”
Read the full speech in Hansard ↗
Greens
1 speaker · 1 oppose
Greens
1 speaker · 1 oppose
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David Shoebridge Shoebridge says the Greens will oppose the bill and the extension of the sunset clause because he считает it a weak and abusive restraint on counter-terrorism powers.
“I rise to indicate the Greens won't be supporting this extension of the sunset clause for the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. We've seen—I can't remember how many—occasions where the parliament was rushed to push through counterterrorism legislation and additional security provisions, often in a moment of heightened political anxiety, and then the parliament, often to salve the conscience of rushing through legislation that hadn't properly been considered, attached a sunset clause to it. The problem is that the sun never sets. Again, we have more legislation where the sunset clause was put on and, again, the sun is not setting. In fact, I can't think of a piece of legislation where the sun has ever set. It's a mock restraint on this parliament.”
Read the full speech in Hansard ↗
Minor parties and independents
2 speakers · 1 oppose · 1 mixed
Minor parties and independents
2 speakers · 1 oppose · 1 mixed
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Zoe Daniel ★ Zoe Daniel says she cannot support extending the declared areas powers on the case made by the government, because the bill relies on a hypothetical future threat rather than a specific current need and raises serious human rights concerns.
“With the above in mind, I also recognise the volatile and unpredictable security situation evolving in the Middle East. As the events following 7 October have shown, overseas conflict has the very real potential to aggravate tensions in Australian society. I have immense respect for the competence of our intelligent professionals and the advice they provide to government, particularly in cases where they judge it necessary to raise our national terrorism threat level, but, if there's a specific threat requiring legislative action, I would be more than prepared to consider it and give it the attention it deserves. In the 48th Parliament, the government must demonstrate greater integrity over this law that we are debating today, which, no doubt, will pass this and the other chamber. The Australian people must be given greater substantiation than we've been presented with. If the government has something to offer on that front, I would be more than willing to hear it.”
Read the full speech in Hansard ↗ -
Kylea Tink ★ Tink opposes the bill in its current form because she says it lacks sufficient safeguards and is not a proportionate limit on rights, despite accepting that its national security aim is important.
“As highlighted by the Parliamentary Joint Committee on Human Rights, there is currently a clear lack of sufficient safeguards or flexibility to constitute a proportionate limit on rights as seen in this legislation. For that reason, and as a member of the committee, I cannot support the bill in its current form.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024
- Act number
- Act No. 77, 2024
- Became law
- 02 Sept 2024
- Takes effect
- The whole of this Act 03 Sept 2024
- Registered
- 02 Sept 2024
- Administered by
- Attorney-General's Department
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 27 Mar 2024
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 27 Mar 2024
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 12 Aug 2024
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 12 Aug 2024
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 12 Aug 2024
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 13 Aug 2024
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 13 Aug 2024
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 21 Aug 2024
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 21 Aug 2024
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 21 Aug 2024
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 21 Aug 2024
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 02 Sept 2024
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
Parliamentary Joint Committee on Intelligence and Security; Committee report (12/08/2024)
Referred to committee
Referred to Committee (11 Apr 2024): Parliamentary Joint Committee on Intelligence and Security; Committee report (12 Aug 2024)
APH bill page notes