National Security Legislation Amendment Act 2010
No. 127, 2010
An Act to amend the law relating to terrorism and national security, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Treason and urging violence
Part 1—Amendments commencing on the day after Royal Assent
Crimes Act 1914
Criminal Code Act 1995
Part 2—Amendments commencing 28 days after Royal Assent
Criminal Code Act 1995
Schedule 2—Terrorism
Part 1—Terrorism
Classification (Publications, Films and Computer Games) Act 1995
Criminal Code Act 1995
Part 2—Miscellaneous
Criminal Code Act 1995
Schedule 3—Investigation of Commonwealth offences
Crimes Act 1914
Schedule 4—Powers to search premises in relation to terrorism offences
Crimes Act 1914
Schedule 5—Re‑entry of premises in emergency situation
Crimes Act 1914
Schedule 6—Amendments relating to bail
Crimes Act 1914
Schedule 7—Listings under the Charter of the United Nations Act 1945
Charter of the United Nations Act 1945
Schedule 8—Amendments relating to the disclosure of national security information in criminal and civil proceedings
Part 1—Amendments
National Security Information (Criminal and Civil Proceedings) Act 2004
Part 2—Application of amendments and saving
Schedule 9—Functions of Inspector‑General of Intelligence and Security
Inspector‑General of Intelligence and Security Act 1986
Schedule 10—Consequential amendments relating to the establishment of the Parliamentary Joint Committee on Law Enforcement
Administrative Decisions (Judicial Review) Act 1977
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
Australian Crime Commission Act 2002
Australian Federal Police Act 1979
Proceeds of Crime Act 2002
National Security Legislation Amendment Act 2010
No. 127, 2010
An Act to amend the law relating to terrorism and national security, and for other purposes
[Assented to 24 November 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Security Legislation Amendment Act 2010.
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 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 24 November 2010 |
2. Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 25 November 2010 |
3. Schedule 1, Part 2 | The 28th day after this Act receives the Royal Assent. | 22 December 2010 |
4. Schedule 2, items 1 to 20 | The day after this Act receives the Royal Assent. | 25 November 2010 |
5. Schedule 2, item 21 | The day after this Act receives the Royal Assent. However, if item 6 of Schedule 1 to the Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2010 commences before that day, the provision(s) do not commence at all. | 25 November 2010 |
6. Schedule 2, items 22 to 24 | The day after this Act receives the Royal Assent. | 25 November 2010 |
Overview
The National Security Legislation Amendment Act 2010 (No. 127, 2010) was enacted to address several issues relating to terrorism, national security, and the legal framework surrounding these areas. The Act, which received Royal Assent on 24 November 2010, amends various existing laws to enhance Australia's capacity to respond to terrorism and national security threats effectively. The primary objective of the Act is to strengthen the legal provisions related to treason, urging violence, and terrorism, while also addressing the disclosure of national security information in criminal and civil proceedings. The Parliament of Australia enacted this legislation to ensure that the laws are robust enough to protect national security and the public from potential threats.
Scope and Application
The National Security Legislation Amendment Act 2010 is a Commonwealth Act that amends existing laws to strengthen national security measures. It applies to individuals and entities within Australia and its territorial jurisdiction. The Act includes amendments to the Criminal Code Act 1995, Crimes Act 1914, and the Charter of the United Nations Act 1945, among others. Key changes include new offences for materially assisting enemies at war with Australia, urging violence against the Constitution or Government, and urging violence against groups or individuals based on protected characteristics. The Act also introduces provisions for the investigation of terrorism offences, search and seizure powers, and extended detention periods for terrorism-related arrests. Additionally, it modifies the disclosure of national security information in criminal and civil proceedings, including the roles of the Attorney-General and court officials. The Act extends to all Commonwealth proceedings, including those involving federal criminal and civil matters, and applies to proceedings initiated after its commencement, as well as to ongoing proceedings where notices were given prior to the Act's commencement.
Key Provisions
- The National Security Legislation Amendment Act 2010 amends various pieces of legislation to enhance the protection of national security, particularly in relation to terrorism and the disclosure of national security information. Key sections and provisions of the Act include:
- **Main Operative Sections:**
- - **Schedule 1** amends the Crimes Act 1914 and the Criminal Code Act 1995 to redefine and expand the scope of treason, urging violence, and related offences. Notably, it introduces new offences for materially assisting enemies at war with the Commonwealth and for urging violence against groups distinguished by specific attributes.
- - **Schedule 2** modifies the Classification (Publications, Films and Computer Games) Act 1995 and the Criminal Code Act 1995 to adjust the criteria for designating terrorist organisations and to clarify definitions related to close family members.
- - **Schedule 3 to Schedule 7** introduce changes to the investigation of Commonwealth offences, powers to search premises in relation to terrorism offences, re-entry of premises in emergency situations, amendments relating to bail, and listings under the Charter of the United Nations Act 1945.
- - **Schedule 8** revises provisions in the National Security Information (Criminal and Civil Proceedings) Act 2004 to better regulate the disclosure of national security information in criminal and civil proceedings.
- **Obligations and Requirements:**
- - **Schedule 1** imposes obligations on individuals and entities to refrain from engaging in conduct that materially assists enemies at war with the Commonwealth or from urging violence against specific groups or governmental processes.
- - **Schedule 8** requires the prosecutor, the defendant, and their legal representatives to notify the Attorney-General of any expected disclosure of national security information in federal criminal proceedings and to refrain from such disclosures until authorised by the Attorney-General.
- **Offences, Penalties, or Consequences:**
- - **Schedule 1** introduces severe penalties for treason and urging violence offences, including imprisonment for life.
- - **Schedule 8** imposes penalties for the unauthorised disclosure of national security information, with imprisonment for up to 2 years for federal criminal proceedings and up to 6 months for contravention of regulations related to the storage, handling, or destruction of such information.
- This Act ensures that individuals and entities are aware of their obligations under the law to protect national security, particularly in relation to terrorism and the handling of sensitive information. Failure to comply with these obligations can result in significant legal consequences.
- Area of Law
- National Security Law
- Criminal Law
- Terrorism Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Licensing & Registration
- Prohibited Conduct
- Rights & Protections
