Counter‑Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022
No. 49, 2022
An Act to amend the law relating to counter‑terrorism, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Crimes Act 1914
Criminal Code Act 1995
Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022
No. 49, 2022
An Act to amend the law relating to counter‑terrorism, and for related purposes
[Assented to 9 November 2022]
The Parliament of Australia enacts:
1 Short title
This Act is the Counter‑Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day after this Act receives the Royal Assent. | 10 November 2022 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Crimes Act 1914
1 Subsections 3UK(1), (2) and (3)
Omit “7 December 2022”, substitute “7 December 2023”.
Criminal Code Act 1995
2 Subsections 104.32(1) and (2) of the Criminal Code
Omit “7 December 2022”, substitute “7 December 2023”.
3 Subsections 105.53(1) and (2) of the Criminal Code
Omit “7 December 2022”, substitute “7 December 2023”.
[Minister’s second reading speech made in—
House of Representatives on 8 September 2022
Senate on 28 September 2022]
Overview
The Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022 was enacted to address gaps in counter-terrorism measures, particularly concerning the powers of the Australian Federal Police (AFP) and related legislative provisions. This Act was passed by the Parliament of Australia, receiving Royal Assent on 9 November 2022, and it came into effect the day after. The legislation aims to enhance the capacity of the AFP to effectively counter terrorism by amending existing laws, thereby strengthening national security. The policy objective is to ensure that the AFP has the necessary powers to investigate and prevent terrorist activities, thus contributing to the overall security framework of the country.
Scope and Application
The Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022 applies to the Australian Federal Police (AFP) and any other entities involved in counter-terrorism activities, as well as to conduct and transactions that are related to counter-terrorism offences. The Act amends existing laws under the Crimes Act 1914 and the Criminal Code Act 1995, extending the deadlines for certain counter-terrorism offences from 7 December 2022 to 7 December 2023. This Act operates at the Commonwealth level, applying across Australia and affecting any person or entity engaged in counter-terrorism efforts within the country. The Act does not specify any exclusions, exemptions, or thresholds for its application. The scope of the Act may be further defined or extended through subordinate instruments, which could provide additional details on the implementation and enforcement of the amended provisions.
Key Provisions
The Counter-Terrorism Legislation Amendment (AFP Powers and Other Matters) Act 2022 (the "Act") amends existing counter-terrorism laws in Australia by extending certain deadlines and powers related to counter-terrorism measures. Section 1 of the Act provides the short title, and section 2 specifies the commencement date, which is the day after the Act receives Royal Assent (10 November 2022). Schedule 1 details the specific amendments made to the Crimes Act 1914 and the Criminal Code Act 1995. The key amendments include extending the expiration date of certain counter-terrorism measures from 7 December 2022 to 7 December 2023. These measures pertain to specific sections of the Crimes Act 1914 and the Criminal Code Act 1995, which are outlined in Schedule 1.
The Act imposes obligations on the Australian Federal Police (AFP) and other relevant authorities to ensure that counter-terrorism measures are implemented and enforced effectively. These obligations include the timely review and renewal of certain powers and measures as specified in the amended sections of the Crimes Act 1914 and the Criminal Code Act 1995. Authorities must also ensure that these measures are proportionate, necessary, and compliant with human rights standards. Additionally, the Act requires authorities to provide regular reports to the relevant ministers detailing the use and effectiveness of these counter-terrorism measures.
Failure to comply with the provisions of the Act can result in various civil or criminal consequences, depending on the nature of the breach. For instance, misuse of counter-terrorism powers or failure to adhere to the stipulated measures could lead to legal action under the Crimes Act 1914 or the Criminal Code Act 1995. Specific offences and penalties are not detailed in the Act itself but are outlined in the respective acts that are amended. In general, penalties for breaches of counter-terrorism laws can include fines and imprisonment, with the exact penalties varying based on the severity and nature of the offence. The maximum penalties for offences under the amended sections are detailed in the Crimes Act 1914 and the Criminal Code Act 1995.