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TOTAL RESULTS: 92

• Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Bill 2019

  Track (What's this?)

  Date

  01 Aug 2019 

  Chamber

  Senate 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Crimes Act 1914

  to: expand the existing presumption against bail and parole for persons charged or convicted of a terrorism offence to include persons being considered for bail for a further federal offence, persons the subject of a control order and persons who have demonstrated support for, or have links to, terrorist activity; and make it explicit that the best interests of a child must be considered as a primary consideration by the relevant decision maker at the key points in the criminal justice processes of bail, sentencing and parole; and

  Criminal Code Act 1995

  to: expand eligibility for the continuing detention order (CDO) scheme by ensuring that terrorist offenders who are currently serving a period of imprisonment for a terrorism offence and another offence remain eligible for consideration for a CDO at the conclusion of their term of imprisonment; and amend the information disclosure obligations in relation to sensitive national security information in CDO applications. 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill 2019

  Track (What's this?)

  Date

  20 Feb 2019 

  Chamber

  House of Representatives 

  Status

  Not Proceeding 

  Portfolio

  Attorney-General 

  Summary

  Amends the

  Crimes Act 1914

  to: introduce a presumption against parole for persons charged with or convicted of a terrorism offence (or previously charged with or convicted of certain offences), persons subject to a control order and persons who have made statements or carried out activities supporting, or advocating support for, terrorist acts; and provide that the best interests of the child are a primary consideration, with the protection of the community the paramount consideration, when determining whether exceptional circumstances exist to rebut the presumption against bail where the person is under the age of 18 years, when determining whether exceptional circumstances exist to justify a departure from the minimum non-parole period for a terrorism offence where the offender is under the age of 18 years, and when determining whether exceptional circumstances exist to justify the release of a terrorist offender or terrorism-related offender on parole; and

  Criminal Code Act 1995

  to: provide that terrorist offenders serving a term of imprisonment for a terrorism offence and another offence are eligible for consideration of a continuing detention order (CDO) at the conclusion of their term; and provide that the requirement to provide a complete copy of a CDO application to a terrorist offender is subject to any court orders made relating to the protection of information in the application or any certificate issued by the Attorney-General under the

  National Security Information (Criminal and Civil Proceedings) Act 2004

  . 

  Bill | Explanatory Memorandum

• Defence Amendment (Call Out of the Australian Defence Force) Bill 2018

  Track (What's this?)

  Date

  28 Jun 2018 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Implements certain recommendations of the Review of Defence Support to National Counter-Terrorism Arrangements by amending the

  Defence Act 1903

  to: permit states and territories to request that the Commonwealth call out the Australian Defence Force (ADF) in a wider range of circumstances; enable call out orders to authorise the ADF to operate in multiple jurisdictions, as well as the offshore area; authorise the ADF to respond to incidents that cross a border into a jurisdiction that has not been specified in an order in certain circumstances; allow the ADF to be pre-authorised to respond to land and maritime threats, in addition to aviation threats; increase the requirements for the ADF to consult with state and territory police where it is operating in their jurisdictions; simplify, expand and clarify the power of the ADF to search and seize, and to control movement during an incident; remove the distinction between general security areas and designated areas; for the purposes of expedited call out, clarify that acting ministers are to be treated as substantive ministers and add the Minister for Home Affairs as an alternative authorising minister; and make technical amendments. Also makes a consequential amendment to the

  Defence Reserve Service (Protection) Act 2001

  . 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2018

  Track (What's this?)

  Date

  24 May 2018 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Administrative Decisions (Judicial Review) Act 1977

  to exclude from review decisions of senior Australian Federal Police (AFP) members in relation to consent for the purposes of applications to vary interim control orders;

  Criminal Code Act 1995

  to: extend the operation of the control order regime, the preventative detention order (PDO) regime and the declared areas offences for a further three years; allow an issuing court to vary an interim control order; clarify the evidential weight that the issuing court must give to an original request for an interim control order during the confirmation proceedings; extend the minimum time period between an interim and a confirmation hearing for a control order; provide that the issuing court cannot make costs orders against a controlee except in limited circumstances; require the AFP to notify the Parliamentary Joint Committee on Intelligence and Security (PJCIS) after the making of initial or continued preventative orders or a prohibited contact order; create an exception to the declared areas offence for individuals performing an official duty for the International Committee of the Red Cross; enable the Minister for Foreign Affairs to revoke a declaration of a declared area prior to the expiry of the declaration; enable the PJCIS to review a declaration of a declared area at any time while it is in effect and to table a report in both Houses of Parliament following its review; and amend provisions in relation to the protection of sensitive information in continuing detention order proceedings;

  Crime Act 1914

  to: extend the operation of stop, search and seize powers for a further three years; require the AFP to report as soon as practicable after the exercise of these powers; and require the minister to report annually to the Parliament;

  Australian Security Intelligence Organisation Act 1979

  to extend the questioning, and questioning and detention, warrant regime for a further 12 months; and

  Intelligence Services Act 2001

  to: require the PJCIS to review the PDO regime, declared areas provisions and the stop, search and seize powers ahead of their sunset date; and enable the PJCIS to monitor and review the performance of the AFP in relation to its stop, search and size powers, and the exercise of the Minister for Home Affairs’ power to declare prescribed security zones. 

  Bill | Explanatory Memorandum

• Statute Update (Autumn 2018) Bill 2018

  Track (What's this?)

  Date

  28 Mar 2018 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends: five Acts to correct technical errors; the

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  ,

  Australian Research Council Act 2001

  ,

  National Land Transport Act 2014

  and

  National Resources Management (Financial Assistance) Act 1992

  to update references to ‘the Institute of Chartered Accountants in Australia’ with references to ‘Chartered Accountants Australia and New Zealand’; the

  Food Standards Australia New Zealand Act 1991

  to make amendments consequential on the

  Acts and Instruments (Framework Reform) Act 2015

  ; 22 Acts to remove obsolete references to the Crown in right of Norfolk Island; and the

  Social Security Legislation Amendment (One-off Payments for Carers) Act 2005

  and

  Telstra Corporation Act 1991

  to repeal spent provisions. Also repeals 40 obsolete Acts. 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2016

  Track (What's this?)

  Date

  15 Sep 2016 

  Chamber

  Senate 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Criminal Code Act 1995

  to: enable the receipt of funds from terrorist organisations for legal assistance in certain circumstances; enable control orders to be imposed on persons from 14 years of age; impose an obligation on a person subject to a requirement to wear a tracking device to maintain the tracking device in good operational order and create offences for interfering with the operation of a tracking device; authorise the Australian Federal Police to ensure that the tracking device remains operational and to enter premises to install equipment necessary for the operation of the tracking device; remove the authority of the Family Court of Australia to issue control orders and preventative detention orders (PDOs); clarify the meaning of ‘imminence’ for the purposes of obtaining a PDO; and create a new offence prohibiting conduct advocating genocide;

  Crimes Act 1914

  ,

  Criminal Code Act 1995

  ,

  Surveillance Devices Act 2004

  and

  Telecommunications (Interception and Access) Act 1979

  to establish regimes to monitor the compliance of individuals subject to a control order through search warrants, surveillance device warrants and telecommunications interception warrants;

  Australian Security Intelligence Organisation Act 1979

  to enable the Australian Security Intelligence Organisation to furnish security assessments directly to states and territories; and provide that unauthorised disclosures of information by members of the community, except those who are entrusted persons, only constitute an offence if the information endangers the health or safety of a person or prejudices the effective conduct of a special intelligence operation;

  Classification (Publications, Films and Computer Games) Act 1995

  to broaden the range of conduct that may be considered as advocating the doing of a terrorist act;

  Crimes Act 1914

  to clarify the threshold requirements for the issue of a delayed notification search warrant;

  National Security Information (Criminal and Civil Proceedings) Act 2004

  to: broaden protections for national security information in control order proceedings; provide for a special advocate to represent the interests of people subject to control order proceedings who have been excluded from parts of a proceeding; enable a court to make an order that is inconsistent with regulations made under the Act if the Attorney-General has applied for the order; and enable the regulations to continue to apply to the extent they provide for ways of dealing with national security information in criminal and civil proceedings;

  Taxation Administration Act 1953

  to enable the disclosure of certain information; and

  Administrative Appeals Tribunal Act 1975

  and

  Public Interest Disclosure Act 2013

  to make consequential amendments. 

  Bill | Explanatory Memorandum

• Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016

  Track (What's this?)

  Date

  15 Sep 2016 

  Chamber

  Senate 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends the

  Criminal Code Act 1995

  to establish a scheme for the continuing detention of high risk terrorist offenders who are considered by a judge in civil proceedings to present an unacceptable risk to the community at the conclusion of their custodial sentence; and the proposed

  Counter-Terrorism Legislation Amendment Act (No. 1) 2016

  ,

  Surveillance Devices Act 2004

  and

  Telecommunications (Interception and Access) Act 1979

  to make consequential amendments. 

  Bill | Explanatory Memorandum

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2015

  Track (What's this?)

  Date

  12 Nov 2015 

  Chamber

  Senate 

  Status

  Not Proceeding 

  Portfolio

  Attorney-General 

  Summary

  Amends the:

  Criminal Code Act 1995

  to: enable the receipt of funds from terrorist organisations for legal assistance in certain circumstances; enable control orders to be imposed on persons from 14 years of age; impose an obligation on a person subject to a requirement to wear a tracking device to maintain the tracking device in good operational order; remove the authority of the Family Court of Australia to issue control orders and preventative detention orders (PDOs); clarify the meaning of ‘imminence’ for the purposes of obtaining a PDO; and create a new offence prohibiting conduct advocating genocide;

  Crimes Act 1914

  ,

  Surveillance Devices Act 2004

  and

  Telecommunications (Interception and Access) Act 1979

  to establish regimes to monitor the compliance of individuals subject to a control order through search warrants, surveillance device warrants and telecommunications interception warrants;

  Australian Security Intelligence Organisation Act 1979

  to enable the Australian Security Intelligence Organisation to furnish security assessments directly to states and territories;

  Classification (Publication, Films and Computer Games) Act 1995

  to broaden the range of conduct that may be considered as advocating the doing of a terrorist act;

  Crimes Act 1914

  to clarify the threshold requirements for the issue of a delayed notification search warrant;

  National Security Information (Criminal and Civil Proceedings) Act 2004

  to: broaden protections for national security information in control order proceedings; enable a court to make an order that is inconsistent with regulations made under the Act if the Attorney-General has applied for the order; and enable the regulations to continue to apply to the extent they provide for ways of dealing with national security information in criminal and civil proceedings;

  Taxation Administration Act 1953

  to enable the disclosure of certain information; and

  Administrative Appeals Tribunal Act 1975

  and

  Public Interest Disclosure Act 2013

  to make consequential amendments. 

  Bill | Explanatory Memorandum

• Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015

  Track (What's this?)

  Date

  19 Mar 2015 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Amends: the

  Criminal Code Act 1995

  to: make recklessness the fault element for attempted serious drug offences and remove the intent to manufacture element from offences relating to the importation of border controlled precursors; clarify that proof of an intention to influence a particular foreign official is not required to establish the offence; clarify the scope and application of the war crime offence of outrages upon personal dignity in a non-international armed conflict; expand the definition of forced marriage to apply when a person is incapable of understanding the nature and effect of a marriage ceremony; insert the concept of ‘knowingly concerned’ in the commission of an offence as an additional form of secondary criminal liability; and introduce a mandatory sentence of five years imprisonment for firearm trafficking; the

  Crimes Act 1914

  and

  Commonwealth Places (Application of Laws) Act 1970

  to make amendments in relation to the sentencing, imprisonment and release of federal offenders; the

  Transfer of Prisoners Act 1983

  to enable the interstate transfer of federal prisoners to occur at a location other than a prison for federal prisoners approved for transfer; the

  Crimes Act 1914

  to: enable the Attorney-General’s Department to share information about federal offenders with relevant third party agencies; and clarify the operation of controlled operations provisions; the

  Anti-Money Laundering and Counter-Terrorism Financing Act 2006

  to address enforceability issues and operational constraints identified by the Australian Transaction Reports and Analysis Centre; the Law Enforcement Integrity Commissioner Act 2006 to amend the powers and functions of the commissioner; and remove the time limits on the secondment of officers to the commission; the

  Australian Crime Commission Act 2002

  to make technical amendments in relation to the special operations and investigations of the commission; the

  Proceeds of Crime Act 2002

  to increase penalties for failing to comply with a production order or with a notice to a financial institution in proceeds of crime investigations; the

  Proceeds of Crime Act 2002

  ,

  Australian Federal Police Act 1979

  ,

  Crimes (Superannuation Benefits) Act 1989

  and

  Mutual Assistance in Criminal Matters Act 1987

  to make technical amendments in relation to proceeds of crime; ten Acts to enable the Independent Commissioner Against Corruption of South Australia to access information from certain Commonwealth agencies, rely on defences for certain Commonwealth telecommunications offences, and apply for certain types of search warrants; and the

  Classification (Publications, Films and Computer Games) Act 1995

  to make technical amendments. 

  Bill | Explanatory Memorandum

• Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015

  Track (What's this?)

  Date

  30 Oct 2014 

  Chamber

  House of Representatives 

  Status

  Act 

  Portfolio

  Attorney-General 

  Summary

  Implements recommendations of the Parliamentary Joint Committee on Intelligence and Security’s (PJCIS)

  Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation

  by amending the:

  Telecommunications (Interception and Access) Act 1979

  to: require telecommunications service providers to retain and to secure for two years telecommunications data (not content); require service providers to protect retained data through encryption and preventing unauthorised interference and access; require the PJCIS to review the mandatory data retention scheme no more than three years after the end of the implementation phase; limit the range of agencies that are able to access telecommunications data and stored communications; establish a journalist information warrants regime; restrict the agencies who can access this data; require the minister to refer to the PJCIS any legislative proposal to amend which agencies can access the data; provide for record-keeping and reporting the use of, and access to, telecommunications data; and enable the Commonwealth Ombudsman to assess agency compliance;

  Australian Security Intelligence Organisation Act 1979

  to provide that certain matters relating to data retention be included in the Australian Security Intelligence Organisation’s (ASIO) annual report;

  Intelligence Services Act 2001

  to enable the PJCIS to inquire into operational matters relating to the use of telecommunications data by ASIO and the Australian Federal Police, in relation to counter-terrorism functions;

  Telecommunications Act 1997

  to prohibit civil litigants from being able to access certain telecommunications data; and

  Telecommunications Act 1997

  and

  Privacy Act 1988

  to make consequential amendments. 

  Bill | Explanatory Memorandum