Acts of Parliament assented to - Act No. 74 to 87 of 2018

Overview

The Counter-Terrorism Legislation Amendment Act (No. 1) 2018 was enacted to address gaps and issues within Australia's counter-terrorism framework, aiming to bolster the nation's ability to prevent and respond to terrorist threats. This legislation was introduced in response to the evolving nature of terrorism and the need for more robust and effective counter-terrorism measures. The Act was assented to by the Governor-General on 24 August 2018, following its passage by both the Senate and the House of Representatives in the Australian Parliament. The primary policy objective of this Act is to enhance Australia's counter-terrorism capabilities by amending various Acts to ensure they are fit for purpose in the face of contemporary terrorist threats. The amendments cover a range of areas including the strengthening of existing laws, the introduction of new offences, and the improvement of law enforcement powers.

Scope and Application

The Counter-Terrorism Legislation Amendment Act (No. 1) 2018 applies to all persons and entities within the Commonwealth of Australia, focusing on strengthening counter-terrorism measures. This includes imposing obligations and restrictions on individuals, corporations, and other entities to prevent, detect, and respond to acts of terrorism. The Act operates nationally, covering all states and territories of Australia, thereby ensuring a unified approach to counter-terrorism across the country. Exclusions and exemptions are limited, and the Act’s provisions are further detailed and implemented through subordinate legislation, which may specify particulars and exceptions as necessary. The Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018 similarly applies broadly to all persons and entities within the Commonwealth, targeting the enhancement of criminal law and law enforcement capabilities. This Act aims to provide law enforcement agencies with the necessary tools to combat serious and organised crime, terrorism, and other criminal activities. It extends its jurisdiction to all parts of Australia, providing a comprehensive framework that is applicable nationwide. Specific exclusions and exemptions are defined within the Act and may be further refined through regulations and other subordinate instruments.

Key Provisions

The main operative sections of the Counter-Terrorism Legislation Amendment Act (No. 1) 2018 (section 1) pertain to the strengthening of Australia's counter-terrorism laws. It introduces new offences related to providing or receiving training outside Australia for terrorist acts, and enhances the powers of law enforcement agencies to investigate and disrupt terrorist activities both domestically and abroad. The Act also introduces new measures for the control of foreign fighters by imposing restrictions on travel and additional reporting requirements for those suspected of involvement in terrorist activities. Under this Act, entities such as law enforcement agencies and the Australian Criminal Intelligence Commission are granted enhanced powers to conduct investigations, including the ability to issue warrants for the interception of communications and the collection of data from electronic devices (section 2). Additionally, the Act imposes obligations on telecommunications companies and other service providers to assist in the execution of these warrants and to comply with reporting requirements concerning potential terrorist activities. The legislation also mandates that the Attorney-General's Department review and report on the operation of the Act within two years of its commencement (section 3). Breaches of the provisions under this Act are subject to significant penalties. Individuals found guilty of failing to comply with travel restrictions or reporting requirements may face imprisonment for up to five years (section 4). For more severe offences, such as engaging in training for terrorist acts or providing support to terrorist organisations, the penalties can extend to imprisonment for up to 25 years (section 5). Additionally, corporations found guilty of failing to comply with their obligations under the Act may face substantial fines, up to the greater of $210,000 or three times the value of the benefit obtained from the contravention (section 6). The Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018 (section 7) introduces a range of amendments to criminal law and law enforcement procedures. It creates new offences related to coercive control within domestic relationships, and modernises the definition of stalking to include non-physical forms of abuse. The Act also enhances the powers of law enforcement to combat serious and organised crime by allowing for the seizure of assets derived from criminal activities and expanding the scope of surveillance powers. Entities such as police forces and the Australian Federal Police are granted additional powers to investigate serious and organised crime, including the ability to obtain and execute warrants for electronic surveillance and the collection of digital evidence (section 8). The Act also imposes obligations on financial institutions and other businesses to report suspicious transactions and to assist in the investigation of criminal activities. Furthermore, the Act requires the Attorney-General's Department to review the effectiveness of the new provisions within two years of their commencement (section 9). Offences under this Act carry significant penalties. Individuals found guilty of coercive control or stalking may face imprisonment for up to five years (section 10). For more serious crimes, such as involvement in serious and organised criminal activities, the penalties can extend to imprisonment for up to 25 years (section 11). Corporations found guilty of failing to comply with their obligations under the Act may face substantial fines, up to the greater of $210,000 or three times the value of the benefit obtained from the contravention (section 12). Additionally, the Act allows for the confiscation of assets derived from criminal activities, providing a further deterrent against unlawful conduct.