Counter-Terrorism Legislation Amendment

The Bill would also extend the operation of Divisions 104, 105 and 105A of the Criminal Code for a further 3 years, until 7 December 2029. These Divisions establish key counter‑terrorism frameworks, including control orders, PDOs and PSOs. The amendments ensure these frameworks will not sunset on 7 December 2026. This will enable future orders to be sought and made under these frameworks, and orders that are currently in place that are not due to end prior to 7 December 2026 to remain in force. This extension is intended to preserve effective and proportionate tools to manage terrorism risks

The amendments to the PSO framework would reposition control orders as the primary mechanism to impose conditions on serious terrorist offenders following their release from custody in circumstances where it would not be appropriate to seek a CDO. The control order framework in Division 104 of the Criminal Code allows conditions to be imposed on a person by the Federal Court of Australia for the purposes of protecting the public from a terrorist act, preventing the provision of support for or the facilitation of a terrorist attack, or preventing the provision of support for or the facilitatio

Extend the maximum period for which a control order can be imposed on a young person (between 14 and 17 years of age) from 3 months to 12 months. This amendment is intended to ensure control orders are an effective tool to respond to the growing cohort of young people who pose a threat to the community. It facilitates longer-term support for young people and enables conditions, such as participation in rehabilitative or integration programs, to be imposed for a longer period of time. Importantly, 12 months would be the maximum period for such an order. The court could choose to impose an orde

The Bill makes consequential amendments to the SD Act and the TIA Act to support the broader reforms to Divisions 104 and 105A of the Criminal Code, which will position control orders as the primary Commonwealth mechanism for managing the risk posed by serious terrorist offenders at the end of their custodial sentence. Currently, law enforcement agencies may obtain warrants to assist in determining whether the AFP Minister should apply for a PSO under Division 105A of the Criminal Code. However, there is no equivalent ability to obtain warrants to inform consideration of whether to seek a cont

The Bill would make amendments to the Crimes Act and the Criminal Code to remove barriers to the use of information relating to findings of guilt where no conviction has been recorded for the purposes of the control order and PSO frameworks. Enabling this information to be used for the purposes of Division 104 and 105A of the Criminal Code will support the relevant court’s informed decision-making in relation to control orders and PSOs by ensuring the court is able to take into account highly relevant information relating to a person. Paragraph 85ZR(2)(b) of the Crimes Act broadly provides th

The Bill would also amend the Criminal Code to enable state and territory authorities to voluntarily disclose information to the AFP Minister or to a senior AFP member for the purposes of the administration or execution of Division 104. State and territory authorities are likely to hold information that is highly relevant to various matters relating to Division 104, including considerations as to whether to request, issue, vary and revoke a control order. This amendment would not compel state and territory authorities to provide information, it would only remove barriers to the voluntary provi

The Optional Protocol was adopted in December 2005 by UN General Assembly Resolution A/60/42, and Australia signed the Optional Protocol in September 2006. In 2009, the Joint Standing Committee on Treaties supported the Optional Protocol and recommended binding treaty action be taken. This amendment gives effect to Australia’s obligations under the Optional Protocol and reinforces Australia’s commitment to protecting those who undertake critical humanitarian, peacebuilding and development work in some of the world’s most challenging environments. To implement the requirements of the Option P