C. Australian Federal Police activities

Terrorism Offences (Division 101)

1.1Over the review period no charges were laid under Division 101 of the Criminal CodeAct 1995 (Criminal Code) and no prosecutions for terrorism offences were commenced. One prosecution was finalised under Division 101 in relation to a charge under s. 101.1 of the Criminal Code. One prosecution was withdrawn under this Division.

Terrorist Organisations (Division 102)

1.2One individual was charged with being a member of a terrorist organisation (section 102.3) and providing support to a terrorist organisation (section 102.7) under Division 102 of the Criminal Code.

1.3During the period one prosecution was commenced, and one (other) prosecution was finalised for a terrorist organisation offence. In April 2023, an individual was sentenced in relation to their conviction for an offence under section 102.2 of the Criminal Code, for a period of 15 years (11 years, 3 months non-parole).

Financing Terrorism (Division 103)

1.4No charges were laid, and no prosecutions were commenced or finalised under Division 103 of the Criminal Code.

Control Orders (Division 104)

1.5Between 1 July 2022 and 30 June 2023, the AFP applied for and was issued three interim control orders. Over this period, no interim control orders were modified. No urgent interim control orders were requested under section 104.6 or 104.8 of the Criminal Code.

1.6One interim control order was confirmed, with variations. No control orders were revoked without being confirmed. No confirmed control orders were revoked or varied.

1.7No people were charged by the AFP for the offence of contravening a control order under section 104.27 of the Criminal Code. No prosecutions regarding contravention of a control order were commenced by the AFP.

1.8Prosecution of three offenders for the offence of contravening a control order were finalised during the period, with two offenders convicted of the offences. One individual was sentenced in February 2023 for an offence under section 104.27 of the Criminal Code for a period of 18 months imprisonment, with a non-parole period of 15 months. One individual was sentenced in May 2023 for an offence under section 104.27 of the Criminal Code to a NSW Community Corrections Order for a period of two years. One prosecution was withdrawn.

Preventative Detention Orders (Division 105)

1.9The AFP did not apply for and was not issued with any preventative detention orders between 1 July 2022 and 30 June 2023. No preventative detention orders were revoked. No persons were taken into custody under a preventative detention order and no persons were charged by the AFP or with the AFP’s support for disclosure offences for preventative detention orders. No prosecutions were finalised.

Continuing Detention Orders (Division 105A)

1.10The AFP explained that the AFP Minister is the applicant responsible for applying for Continuing Detention Orders (CDOs). The AFP said it was aware the AFP Minister did not apply for any CDOs or Interim Detention Orders in the reporting period.

1.11No person was taken into custody under a CDO by the AFP in the review period. The AFP noted that one person was in custody during the period under a CDO commenced in the previous year, while one individual in custody on a CDO during the reporting period was released on an Interim Supervision Order, then returned to custody following arrest for a breach of that Order.

Stop, Search and Seizure Powers (Division 3A, Part 1AA)

1.12The AFP did not stop, detain, or search any persons, property or vehicles for terrorism related items under section 3UD between 1 July 2022 and 30 June 2023. The AFP did not seize any terrorism related items under section 3UE.

1.13The AFP did not seek emergency entry to premises with a warrant under section 3UEA in the review period. The AFP did not secure any premises pending the issue of a warrant in the review period.

1.14No zones were declared by the Minister to be ‘prescribed security zones’ under section 3UJ in the review period.

Interim and Extended Supervision Orders – section 105A.7A and 105A.9A of the Criminal Code

1.15During the period three interim supervision orders were applied for by the AFP Minister. Two were issued by the court and one remained pending at the time of reporting.

1.16Two Extended Supervision Orders were applied for by the AFP Minister and these were issued under section 105A.7A.

1.17Oneperson was charged by the AFP with multiple contraventions of an ISO. That prosecution was ongoing at the end of the reporting period.