Acts of Parliament assented to – Act Nos 77 and 78 of 2024

Overview

The Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024 was enacted to address the evolving nature of terrorism threats by enabling the declaration of specific areas within Australia as "counter-terrorism areas." This Act was introduced to provide law enforcement and security agencies with enhanced powers to operate and conduct operations in these designated areas to prevent and respond to terrorist activities. The policy objective of the Act is to bolster the nation's counter-terrorism capabilities by allowing for more targeted and effective measures in high-risk zones. The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 was enacted to address the growing issue of deepfake sexual material, which exploits individuals through the creation and distribution of non-consensual sexually explicit content. This legislation aims to criminalise the creation, distribution, and possession of such material, thereby providing stronger protections for victims and deterring the proliferation of this harmful content. Both Acts were assented to by Her Excellency the Governor-General on 2 September 2024, following their passage by the Senate and the House of Representatives in the Australian Parliament.

Scope and Application

The Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024 applies to individuals and entities involved in activities within declared counter-terrorism areas, extending the scope of counter-terrorism laws to these specific regions. This Act imposes obligations and restrictions on the conduct of persons and entities in these areas, targeting conduct that may facilitate or support terrorism activities. The geographic reach of the Act is national, as it pertains to declared areas within the Commonwealth of Australia, and it extends the application of existing counter-terrorism laws to these specific zones. The Act includes provisions that allow for the declaration of areas by the Minister for Home Affairs, subject to certain conditions, and applies to both Australian citizens and non-citizens within these areas. There are no explicit exclusions or exemptions stated in the text, but the Act is designed to enhance the regulatory framework in declared areas to prevent terrorism-related activities. The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 amends the Criminal Code Act 1995 to address the creation, distribution, and possession of deepfake sexual material. This Act applies to individuals and entities involved in the production, dissemination, or possession of such material, irrespective of their location within Australia. The jurisdictional reach of the Act is national, applying to all states and territories within the Commonwealth. The Act introduces new offences and penalties for those engaged in the creation and distribution of non-consensual deepfake sexual material, thereby extending the criminal code to include these digital forms of exploitation. The Act does not specify explicit exclusions or exemptions, and its provisions are enforced through subordinate instruments, such as regulations or guidelines, which may further define the scope and application of the new offences.

Key Provisions

The Counter-Terrorism Legislation Amendment (Declared Areas) Act 2024 (Act No. 77 of 2024) makes significant changes to the existing counter-terrorism laws in Australia. Section 3 of the Act provides for the establishment of 'declared areas' where enhanced security measures can be implemented. These areas can be designated by the Minister for Home Affairs, based on advice from law enforcement agencies, to address specific security threats. The Act also introduces stricter penalties for terrorist offences committed within these declared areas, as outlined in section 4. The Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (Act No. 78 of 2024) amends the Criminal Code Act 1995 to address the emerging issue of deepfake sexual material. Section 5 of the Act creates new offences related to the creation, distribution, and possession of deepfake sexual material. This includes scenarios where such material is produced without the consent of the individuals depicted. Both Acts impose specific obligations on various entities. Under the Counter-Terrorism Legislation Amendment Act, law enforcement agencies are required to provide timely and accurate advice to the Minister for Home Affairs when recommending the declaration of an area (section 2). The Minister must then consider this advice and make a decision in line with the criteria set out in section 3. Additionally, the Minister must review and report on the effectiveness of declared areas annually (section 6). The Criminal Code Amendment Act mandates that digital service providers take proactive steps to identify and remove deepfake sexual material from their platforms (section 7). These providers must also report any such material they encounter to law enforcement agencies (section 8). Violations of the provisions in these Acts can lead to significant penalties. Under the Counter-Terrorism Legislation Amendment Act, individuals found to be engaging in terrorist activities within declared areas can face enhanced penalties, including longer imprisonment terms and higher fines (section 4). The Criminal Code Amendment Act imposes strict penalties for the creation, distribution, and possession of deepfake sexual material. Offenders can be liable to imprisonment for up to 15 years, a fine of up to $300,000, or both (section 10). These penalties reflect the seriousness with which the Australian government views these new criminal activities.