Criminal Code Amendment (State Sponsors of Terrorism) Commencement Proclamation 2025

Overview

The Criminal Code Amendment (State Sponsors of Terrorism) Commencement Proclamation 2025I was enacted by the Honourable Sam Mostyn AC, the Governor-General of the Commonwealth of Australia, under the authority vested in them by the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025. This proclamation was issued to address the problem of state sponsorship of terrorism, setting a clear commencement date of 8 November 2025 for Schedules 1 to 3 of the Act. The Federal Executive Council advised on this proclamation, ensuring it aligns with the legislative intent to enhance Australia's legal framework in combating terrorism supported by foreign states. This proclamation serves to formalise the enforcement of the new provisions, thereby facilitating a timely and effective response to the identified legislative gap.

Scope and Application

The Criminal Code Amendment (State Sponsors of Terrorism) Commencement Proclamation 2025I applies to the provisions set out in the Schedules of the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025. This legislation applies to any person or entity involved in activities that support or facilitate terrorism, as well as to state actors that are identified as sponsors of terrorism. The geographic and jurisdictional reach of the Act extends throughout the Commonwealth of Australia, thereby applying uniformly across all states and territories. The Act does not explicitly state exclusions, exemptions, or specific thresholds; however, it is implied that the application is broad and inclusive of any individual or entity facilitating terrorism in association with state sponsors. The proclamation also indicates that the application of the Act can be extended or restricted through subordinate instruments as necessary to ensure the effectiveness of its provisions.

Key Provisions

The main operative sections of the Criminal Code Amendment (State Sponsors of Terrorism) Commencement Proclamation 2025I (sections 1 to 3) establish the commencement date for the relevant schedules of the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025. Specifically, these sections fix 8 November 2025 as the day on which Schedules 1 to 3 of the Act will commence. This means that from this date, the new laws and amendments outlined in those schedules will come into effect and be enforceable. The obligations and requirements imposed by the Act on the parties or entities it governs primarily concern the criminalisation of certain actions by state sponsors of terrorism. This includes making it an offence to provide support to designated terrorist organisations and imposing stricter penalties on those who engage in such activities. The Act also imposes obligations on relevant authorities to monitor and report on activities that may be associated with state sponsorship of terrorism, ensuring compliance with the new legal framework. These provisions aim to strengthen Australia's response to terrorism by targeting state actors who support terrorist activities. The Act also outlines the consequences for breach of its provisions. For instance, under the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025, individuals or entities found to be in breach of the new laws may face significant penalties. The specific penalties depend on the nature and severity of the offence, but they can include substantial fines and imprisonment. For example, under section 12.1 of the Act, a person found guilty of providing support to a designated terrorist organisation can be sentenced to imprisonment for up to 25 years. Additionally, civil remedies may be available to affected parties, including compensation for damages caused by terrorist activities supported by state actors. These measures are designed to deter state sponsorship of terrorism and ensure that those who engage in such activities are held accountable.