C. Australian Federal Police activities

Terrorism Offences (Division 101)

The Australian Federal Police (AFP) charged five individuals with terrorism offences under Division 101 of the Criminal Code between 1 June 2020 and 31 May 2021. One person was charged with two offences under Division 101. Three offences were charged under section 101.1 and three offences were charged under 101.6. All five individuals charged with these terrorism offences are currently subject to ongoing prosecutions.
Two prosecutions were finalised between 1 June 2020 and 31 May 2021 for terrorism offences under Division 101 of the Criminal Code.
One individual was sentenced in November 2020 for offences under sections 101.5 and 101.6 of the Criminal Code and received a total sentence of 12 years imprisonment with a non-parole period of 9 years.
One individual was sentenced in November 2020 for an offence under section 101.6 of the Criminal Code and received a sentence of 16 years imprisonment with a non-parole period of 12 years.

Terrorism Offences (Division 102)

Between 1 June 2020 and 31 May 2021 the AFP charged two individuals with terrorism offences under Division 102 of the Criminal Code.
One individual was charged with section 102.3 of the Criminal Code
One individual was charged with section 102.7 of the Criminal Code
The AFP supported the commencement of two prosecutions for an offence related to terrorist organisations under Division 102 of the Criminal Code between 1 June 2020 and 31 May 2021. These prosecutions remain ongoing.
Between 1 June 2020 and 31 May 2021 two prosecutions relating to offences in Division 102 of the Criminal Code were finalised.
One individual was sentenced on 18 December 2020 and released on 1 January 2021 due to time previously served counting towards the duration of the sentence.
One individual, who had previously been released upon successful appeal to the South Australian Court of Criminal Appeal in October 2019, had their appeal overturned and conviction reinstated by the High Court of Australia in October 2020. The individual was returned to prison to serve the remainder of their sentence and released at the expiry of their head sentence on 6 May 2021.
Division 102 of the Criminal Code
Number of people charged with this offence
102.2 Knowingly and intentionally direct the activities of a terrorist organisation
One
102.3 Member of a terrorist organisation
None
102.4 Recruit a person to join a terrorist organisation
None
102.7 Providing support to a terrorist organisation
One
102.8 Associate with a person who is a member of a terrorist organisation
None

Financing Terrorism (Division 103)

The AFP did not charge anyone, commence or finalise any prosecutions for offences relating to financing terrorism and terrorists under Division 103 of the Criminal Code in the review period.

Control Orders (Division 104)

Between 1 June 2020 and 31 May 2021 the AFP applied for six control orders and seven control orders were issued as one control order was applied for prior to the reporting period.
In the reporting period one interim control order was modified by the issuing court.
In the reporting period no urgent interim control orders were requested under section 104.6 or 104.8.
In the reporting period seven interim control orders were confirmed, four without variation and three with variation. No control orders were revoked without being confirmed.
In the reporting period one confirmed control order was varied under section 104.20.
In the reporting period no control orders were varied under section 104.24.
In the reporting period seven people were charged by the AFP for the offence of contravening a control order under section 104.27 of the Criminal Code. There were seven prosecutions commenced by the AFP for contravening a control order, five of which remained ongoing and two were discontinued by the CDPP. Two prosecutions were finalised as a result of their discontinuance.
The following table outlines the control orders applied for and issued by the AFP:
Action
Number of Control Orders
Control orders applied for and issued
Seven (one applied for prior to reporting period)
104.4(3) Control orders modified by the issuing court before being issued
One
104.6 Requesting an urgent interim control order by electronic means
None
104.8 Requesting an urgent interim control order in person
None
Control orders confirmed without variation
Four
Control orders confirmed with variation
Three
Control orders revoked without being confirmed
None
104.20 Removal of one or more obligations, prohibitions or restrictions by court
One
104.24 Addition of obligations, prohibitions or restrictions by court
None
104.27 Offence for contravening a control order
Seven
Prosecutions finalised for the offence of contravening an order
Two

Preventative Detention Orders (Division 105)

The AFP did not apply for and was not issued with any preventative detention orders between 1 June 2020 and 31 May 2021 (the review period). 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)

The AFP said the Department of Home Affairs was the agency responsible for applying for Continuing Detention Orders and as such the AFP did not apply for or were issued any continuing detention orders in the review period. The AFP said they were aware the Minister for Home Affairs had sought one continuing detention order during the reporting period which was granted by the Victorian Supreme Court.
The AFP did not apply for or were issued any interim detention orders and no person was taken into custody under a CDO by the AFP in the review period. The AFP said this was again because the AFP was not the applicant. The AFP said they were aware the Minister for Home Affairs sought one interim detention order during the reporting period which was issued by the Victorian Supreme Court.
The AFP said they were aware of one person being placed on a continuing detention order during the reporting period.

Stop, Search and Seizure Powers (Division 3A, Part 1AA, Crimes Act 1914)

The AFP did not stop, detain, or search any persons, property or vehicles for terrorism related items under section 3UD between 1 June 2020 and 31 May 2021 (the review period). The AFP did not seize any terrorism related items under section 3UE.
The 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.
No zones were declared by the Minister to be ‘prescribed security zones’ under section 3UJ in the review period.

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About this inquiry

The Parliamentary Joint Committee on Intelligence and Security is required to table an annual report of its activities under section 31 of the Intelligence Services Act 2001, which states:
As soon as practicable after each year ending on 30 June, the Committee must give to the Parliament a report on the activities of the Committee during the year.