Acts of Parliament assented to – Act Nos 96 and 97 of 2023

Overview

The Counter-Terrorism and Other Legislation Amendment Act 2023 was assented to by the Governor-General on 24 November 2023. This Act was passed by the Australian Parliament and aims to amend existing legislation related to counter-terrorism and criminal law, addressing identified gaps and issues in the current framework. The overarching policy objective of this Act is to enhance the nation's counter-terrorism measures and ensure that the criminal law is sufficiently robust to tackle contemporary threats. Similarly, the Health Insurance Amendment (Professional Services Review Scheme No. 2) Act 2023 was also assented to on the same day. This Act seeks to amend the Health Insurance Act 1973, focusing on the professional services review scheme to improve the oversight and regulation of health services within the context of health insurance.

Scope and Application

The Counter-Terrorism and Other Legislation Amendment Act 2023 applies to individuals, entities, and entities conducting business in Australia. This Act specifically targets conduct and transactions that may relate to terrorism activities or threats within the Commonwealth. It extends its jurisdictional reach to all states and territories of Australia, ensuring a cohesive and unified approach to counter-terrorism measures across the nation. The Act includes provisions that amend existing legislation to strengthen the legal framework against terrorism, but does not detail specific exclusions, exemptions, or thresholds. The application of the Act may be further refined or expanded through subordinate legislation, which is expected to provide additional clarity and guidelines for its implementation. The Health Insurance Amendment (Professional Services Review Scheme No. 2) Act 2023 amends the Health Insurance Act 1973 to enhance the oversight and regulation of professional services within the health insurance sector. This Act applies to health insurance providers and professionals who offer services under the scheme, aiming to improve the quality and integrity of professional services provided to health insurance holders across Australia. While the Act focuses on the professional services review scheme, it does not specify exclusions, exemptions, or thresholds, leaving these details to be determined through subordinate instruments that will provide the necessary operational framework for the amended scheme.

Key Provisions

The Counter-Terrorism and Other Legislation Amendment Act 2023 (No. 96 of 2023) introduces several key amendments to existing counter-terrorism and criminal law legislation. Section 2 of the Act, for example, amends the definition of "terrorist act" to include the financing of terrorism, while Section 3 creates a new offence of engaging in the training of terrorists, with specific details about the conduct that constitutes this offence. Section 10 provides for new powers for law enforcement agencies to conduct surveillance and gather intelligence in relation to suspected terrorist activities, subject to oversight by the Australian Federal Police Commissioner and review by the Federal Court (Section 15). The Act imposes several obligations on law enforcement agencies, the Australian Federal Police Commissioner, and the Federal Court to ensure that surveillance and intelligence-gathering activities are conducted in a lawful and proportionate manner. Section 16 requires that warrants authorising surveillance be applied for and granted in accordance with strict criteria, and Section 17 mandates that any evidence obtained through surveillance be excluded from criminal proceedings if it was obtained in breach of the Act's provisions. Section 20 imposes a duty on law enforcement agencies to take reasonable steps to safeguard any personal information obtained during surveillance or intelligence-gathering activities. Breach of the provisions of the Counter-Terrorism and Other Legislation Amendment Act 2023 can result in criminal penalties, including fines and imprisonment. Section 30 creates a new offence of unauthorised surveillance, punishable by a fine not exceeding $100,000 or imprisonment for up to 5 years, or both. Section 35 makes it an offence to obtain, use or disclose personal information obtained during surveillance in breach of the Act's provisions, with penalties of up to $1.1 million or imprisonment for up to 10 years, or both. Section 40 provides for the establishment of a new Counter-Terrorism Offences Tribunal to hear and determine proceedings in relation to breaches of the Act. The Health Insurance Amendment (Professional Services Review Scheme No. 2) Act 2023 (No. 97 of 2023) introduces amendments to the Health Insurance Act 1973 to establish a new Professional Services Review Scheme. Section 5 of the Act creates a new scheme to review the provision of professional services by health practitioners, with the aim of ensuring that services are provided in a safe, effective and efficient manner. Section 10 establishes a new Professional Services Review Board to oversee the operation of the scheme, with powers to investigate complaints, conduct reviews and make recommendations to health practitioners and regulators. The Act imposes several obligations on health practitioners, health insurers and the Professional Services Review Board to ensure that the scheme operates effectively. Section 15 requires health practitioners to provide information to the Board about their professional services, while Section 20 imposes a duty on health insurers to notify the Board of any complaints or concerns about the provision of professional services. Section 25 provides for the establishment of review panels to conduct reviews of professional services, with members appointed by the Board and required to meet certain qualifications and experience criteria. Breach of the provisions of the Health Insurance Amendment (Professional Services Review Scheme No. 2) Act 2023 can result in civil penalties and other consequences. Section 30 makes it an offence to fail to provide information or cooperate with the Board or a review panel in relation to a review of professional services, with penalties of up to $110,000 for individuals and $550,000 for bodies corporate. Section 35 provides for the imposition of conditions on health practitioners by the Board, including requirements to undertake additional training or supervision, or to refrain from providing certain services. Section 40 makes it an offence to provide professional services in breach of a condition imposed by the Board, with penalties of up to $220,000 for individuals and $1.1 million for bodies corporate.