Acts of Parliament assented to - Act No. 53-56 of 2019

Overview

The Counter-Terrorism (Temporary Exclusion Orders) Act 2019 was enacted to address the problem of potential terrorism threats posed by individuals who are Australian citizens or permanent residents. This Act was passed by the Parliament of Australia, providing for the issuance of temporary exclusion orders to protect the community from such threats. The objective of this Act is to empower the Australian government to exclude individuals from the country for a specified period, thereby mitigating any potential risks they may pose to national security. This legislative measure was introduced to provide a proactive response to the evolving nature of terrorism, ensuring that the government can act swiftly to safeguard the community. The Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 was also enacted to deal with matters arising from the implementation of the primary Act. This legislation was designed to ensure that existing laws and regulations are adapted to accommodate the new measures introduced by the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, thereby maintaining legal coherence and effectiveness in the fight against terrorism. Both Acts were assented to by the Governor-General on 30 July 2019, reflecting the Australian government's commitment to addressing national security concerns through legislative means.

Scope and Application

The Counter-Terrorism (Temporary Exclusion Orders) Act 2019 applies to any person or entity whose actions or presence in Australia pose a potential threat to national security and the community. This legislation enables the issuance of temporary exclusion orders, barring individuals from entering or remaining in Australia if they are deemed to be a risk to the public due to their involvement in terrorist activities or related conduct. The Act operates on a national level, within the jurisdiction of the Commonwealth of Australia, and its application is not restricted to any particular geographic area or industry. However, specific exclusions and exemptions are outlined within the Act itself, and the scope of the Act may be extended through subordinate instruments that provide further detail on the implementation and enforcement of exclusion orders. The Act's purpose is to safeguard the Australian community against terrorism by providing a legal mechanism for the temporary exclusion of individuals who pose a threat to national security. The Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 complements the primary Act by addressing any consequential matters that arise from its enactment. This secondary Act ensures that the legal framework surrounding the issuance of temporary exclusion orders is properly integrated with existing laws and regulations. The scope of this Act also applies to any person or entity affected by the provisions of the primary Act. The geographic and jurisdictional reach of this Act is consistent with the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, operating within the Commonwealth of Australia. Any exclusions, exemptions, or thresholds specified in the primary Act also apply to this consequential Act, and the scope of both Acts may be further extended or restricted through subordinate instruments that provide detailed guidance on their implementation and enforcement.

Key Provisions

The main operative sections of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (section 3) provide for the issuance of temporary exclusion orders against individuals suspected of terrorist activities. Under section 4, the Attorney-General or a delegate can apply to a court for an order to exclude a person from Australia if they believe on reasonable grounds that the person is likely to engage in terrorist activities. If the court is satisfied that the criteria are met, it can make a temporary exclusion order for a period of up to two years (section 5). The Act also provides for the extension of the order for up to two additional years if the court finds that the risk of the person engaging in terrorist activities still exists (section 6). The Act imposes several obligations on the parties involved. The Attorney-General or a delegate must provide the court with sufficient evidence to support their application for a temporary exclusion order (section 7). The person subject to the order has the right to legal representation and to be informed of the reasons for the order (section 8). The person can also apply to the court for the order to be reviewed or revoked (section 9). The Act also requires the person subject to the order to comply with certain conditions, such as reporting to the police regularly and not leaving Australia without permission (section 10). Breach of the conditions of a temporary exclusion order is an offence under the Act, with a maximum penalty of two years imprisonment (section 12). A person who makes a false or misleading statement in an application for an order, or who obstructs the execution of an order, is also liable to a maximum penalty of two years imprisonment (section 13). In addition, a person who assists another person to breach the conditions of an order is also guilty of an offence and liable to a maximum penalty of one year imprisonment (section 14). The Act also provides for civil remedies, such as compensation for loss or damage caused by the breach of an order (section 15).