Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019

Overview

The Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 was enacted by the Parliament of Australia to address the consequential matters arising from the enactment of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. This Act ensures that existing legislation is appropriately aligned and updated to accommodate the new provisions introduced by the Counter-Terrorism Act. The Act received Royal Assent on 30 July 2019 and commenced on the same date, except for the provisions specified in Schedule 1, which commenced simultaneously with the commencement of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. The policy objective of this Act is to maintain coherence and effectiveness within Australia's counter-terrorism legislative framework, ensuring that related laws are consistently updated to reflect new measures and responsibilities.

Scope and Application

The Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 applies to consequential amendments arising from the enactment of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, and for related purposes. It amends the Independent National Security Legislation Monitor Act 2010 and the Intelligence Services Act 2001 to include specific references to the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, ensuring that these Acts reflect the new legislative framework introduced by the latter. The Act applies to any person or entity subject to the provisions of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, and its amendments extend to the Commonwealth of Australia. The Act commenced on the same day as the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, which was 30 July 2019. The scope of the Act is defined by its amendments to existing legislation, with no specific exclusions or thresholds mentioned in the text.

Key Provisions

The Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019 (Act) primarily amends other legislation to address consequential matters arising from the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. Section 1 of the Act specifies that it is the Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Act 2019, and Section 2 sets out the commencement of its provisions. Section 1 to 3 and any other provisions not specifically covered in the table commence on the day the Act receives Royal Assent, which was 30 July 2019. Schedule 1 of the Act, which details the amendments, commences at the same time as the Counter-Terrorism (Temporary Exclusion Orders) Act 2019, but does not commence if that Act does not commence. The obligations and requirements imposed by the Act primarily involve amendments to existing legislation to ensure consistency and alignment with the new Counter-Terrorism (Temporary Exclusion Orders) Act 2019. For instance, Schedule 1 amends the Independent National Security Legislation Monitor Act 2010 by adding a reference to Part 2 of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 within the definition of counter-terrorism and national security legislation. Similarly, the Intelligence Services Act 2001 is amended to include additional responsibilities for the Minister administering the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. These amendments ensure that oversight and review mechanisms are appropriately aligned with the new legislation. The Act also imposes specific obligations on the Minister responsible for the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. Under the amended Intelligence Services Act 2001, the Minister must review the operation, effectiveness, and implications of the new Act by the end of the three-year period from its commencement. Additionally, the Minister must monitor and review the exercise of powers under the Counter-Terrorism (Temporary Exclusion Orders) Act 2019. These obligations ensure that the implementation and impact of the new counter-terrorism measures are regularly assessed. In terms of consequences for non-compliance or breaches, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences within its text. However, the amendments to existing legislation imply that failure to comply with the new review and monitoring obligations could lead to scrutiny and potential oversight by the relevant authorities, as mandated by the Independent National Security Legislation Monitor Act 2010. While the Act itself does not specify maximum penalties, non-compliance with the requirements of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 or related legislation could result in legal consequences under the broader legislative framework.