EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
Anti-Terrorism Act (No. 2) 2005
Proclamation
Clause 2 of the Anti-Terrorism Act (No. 2) 2005 (the Act) sets out the commencement date of Item 22 of Schedule 1. Clause 2 states that Item 22 of Schedule 1 commences on a single day to be fixed by Proclamation or, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. The Act received Royal Assent on 14 December 2005.
The purpose of the Proclamation is to fix 16 February 2006 as the day on which Item 22 of Schedule 1 to the Act commences.
Item 22 of Schedule 1 the Anti-Terrorism Act (No. 2) 2005 inserts a new section 106.3 into the Criminal Code Act 1995 and provides that the amendments made by Schedule 1 to the Anti-Terrorism Act 2005 apply to offences committed whether before or after the commencement of the section.
Schedule 1 to the Anti-Terrorism Act 2005 amends subsections 101.2(3), 101.4(3), 101.5(3), 101.6(2) and 103.1(2) of the Criminal Code Act to clarify that, in a prosecution for a terrorism offence, it is not necessary to identify a particular terrorist act. The amendments make it sufficient for the prosecution to prove that the particular conduct was related to ‘a’ terrorist act, instead of ‘the’ terrorist act.
No consultation was undertaken in relation to the Proclamation.
Overview
The Anti-Terrorism Act (No. 2) 2005, enacted by the Parliament of Australia, aims to address the evolving threat of terrorism within Australia. The Act, which received Royal Assent on 14 December 2005, introduces significant amendments to the Criminal Code Act 1995 to enhance the country's counter-terrorism measures. The Proclamation, issued under the authority of the Attorney-General, fixes the commencement date of Item 22 of Schedule 1 to the Act, which introduces a new section 106.3 to the Criminal Code Act, ensuring that the amendments apply retroactively to offences committed before the section's enactment. This legislative initiative aims to streamline the prosecution process for terrorism offences by allowing the prosecution to establish a general connection to a terrorist act rather than requiring identification of a specific act.
The Anti-Terrorism Act (No. 2) 2005, through its amendments, seeks to provide law enforcement and prosecutorial authorities with more flexibility and efficacy in combating terrorism within Australia. The policy objective of the Act is to strengthen the legal framework against terrorism by clarifying the evidentiary requirements in terrorism prosecutions and ensuring that the law can adapt to the changing nature of terrorist threats. The Act underscores the Australian Government's commitment to protecting national security and the safety of its citizens.
Scope and Application
The Anti-Terrorism Act (No. 2) 2005, through the Proclamation, establishes the commencement date for specific provisions within the Act. Specifically, Clause 2 of the Act dictates that Item 22 of Schedule 1, which introduces new section 106.3 into the Criminal Code Act 1995, will commence on a date to be determined by a Proclamation. This date has been set as 16 February 2006. The amendments made by Schedule 1 to the Act apply retroactively to offences committed before the commencement of section 106.3, ensuring that any conduct related to a terrorist act, regardless of when it was committed, will be subject to the new provisions. The Proclamation serves to clarify that in prosecutions for terrorism offences, it is sufficient for the prosecution to prove a connection to any terrorist act rather than a specific one, thereby streamlining the legal process. This Act applies to all persons within the Commonwealth of Australia and affects entities and conduct related to terrorism offences, with no specific exclusions noted in the Proclamation itself. However, the scope and specific application of these provisions may be further detailed or extended through subordinate instruments.
Key Provisions
The Anti-Terrorism Act (No. 2) 2005, specifically Item 22 of Schedule 1, introduces significant amendments to the Criminal Code Act 1995 through the insertion of a new section 106.3. This section ensures that the amendments made by Schedule 1 to the Anti-Terrorism Act 2005 apply to offences committed before or after the commencement of the new section. The amendments clarify that in a prosecution for a terrorism offence, it is not necessary to identify a specific terrorist act; instead, it is sufficient for the prosecution to prove that the conduct in question is related to 'a' terrorist act. This change aims to provide greater flexibility and effectiveness in prosecuting terrorism-related offences.
The Act imposes certain obligations and requirements on parties and entities governed by it. For instance, prosecutors must now only prove a connection to 'a' terrorist act rather than specifying 'the' particular terrorist act. This shift reduces the burden on prosecutors to provide detailed and specific evidence regarding the terrorist act in question. The Act also mandates that these amendments apply retroactively, meaning that they cover offences committed before the commencement of the new section, ensuring that past actions are also subject to the updated legal standards.
Failure to comply with the provisions of the Anti-Terrorism Act (No. 2) 2005 may result in serious legal consequences. The Act does not explicitly detail the offences, penalties, or civil/criminal consequences for breach in the provided text. However, given the nature of the legislation and its focus on terrorism offences, it is reasonable to infer that breaches could lead to criminal charges. Typically, terrorism-related offences under Australian law carry severe penalties, including imprisonment and substantial fines. The exact penalties would depend on the specific offence and the circumstances under which it was committed, but they could potentially include lengthy prison sentences and significant financial penalties.