Act of Parliament assented to - Act No. 95 of 2016

Overview

The Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 is an Act of Parliament enacted to address the significant issue of high-risk terrorist offenders who pose a severe threat to national security. The Act was assented to by His Excellency the Governor-General on 7 December 2016, following its passage by both the Senate and the House of Representatives. This legislation aims to strengthen the legal framework for dealing with individuals who have been convicted of terrorism-related offences but are not deemed to be a continuing threat, allowing for their release from prison while still subject to stringent monitoring and restrictions. The policy objective of the Act is to mitigate the risk posed by these individuals to the community while ensuring that their human rights are protected. This Act is an amendment to the Criminal Code Act 1995, reflecting the need for updated and more robust measures in response to evolving security challenges. By introducing these changes, the Australian Parliament seeks to balance the rights of individuals with the imperative of safeguarding the public from potential terrorist threats.

Scope and Application

The Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 applies to individuals and entities involved in criminal activities that pose a significant threat to national security, particularly those categorised as high-risk terrorist offenders. This Act amends the Criminal Code Act 1995 to enhance the Commonwealth's ability to combat terrorism by imposing stricter penalties and control orders on individuals deemed to pose a substantial risk to Australia. The Act targets individuals who have been convicted of terrorism offences, those who have participated in terrorist activities overseas, and those who pose a high risk of engaging in terrorist acts within Australia. It applies nationally across all jurisdictions within Australia, including the states, territories, and external territories. The Act does not provide specific exclusions but focuses on those who meet the criteria of being high-risk terrorist offenders. The application and enforcement of the Act may be further detailed through subordinate instruments, which would provide specific guidelines, regulations, and procedures to implement the provisions of the Act effectively.

Key Provisions

The key provisions of the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 (Cth) introduce and amend sections in the Criminal Code Act 1995 (Cth). These amendments focus on the regulation and control of high-risk terrorist offenders. Section 10 of the amending Act inserts a new Part 5.3 into the Criminal Code Act 1995, which establishes a framework for the management of these offenders. This includes provisions for control orders, which are detailed in sections 11 to 15. The control orders can include restrictions on a person's movements, communications, and associations, among other things, to prevent them from engaging in terrorist activities. Under the new provisions, certain obligations are placed on the parties involved. For instance, the Attorney-General is required to apply for a control order against a person believed to be a high-risk terrorist offender (section 11(1)). The application must be made to the Federal Court, which then has the authority to grant such orders if satisfied that the criteria are met (section 11(2)). The court must consider various factors, including the risk posed by the person and the need to protect the public (section 11(3)). Furthermore, the Act imposes duties on law enforcement agencies to monitor and enforce these control orders, ensuring compliance by the affected individuals (section 14). The Act also outlines specific offences and penalties for breaches of the control orders. Any person subject to a control order who contravenes its terms commits an offence and is liable for a penalty. For example, section 16(1) states that a person who contravenes a control order commits an offence and is liable for imprisonment for up to five years. Moreover, if the contravention involves the use of the internet or similar technology to communicate with others, the maximum penalty increases to ten years' imprisonment (section 16(2)). In addition to these criminal penalties, the Act allows for civil consequences, such as the imposition of financial penalties or asset freezing orders, to further deter non-compliance and manage the risks posed by high-risk terrorist offenders.