C. Australian Federal Police activities

Terrorism Offences (Division 101)

Over the review period, from 1 July 2021 to 30 June 2022, the Australian Federal Police (AFP) charged three individuals with terrorism offences under Division 101 of the Criminal Code Act 1995 (the Criminal Code). As some persons were charged with multiple offences, this resulted in five charges being laid, with one offence under each of sections 101.1, 101.4, and 101.6, and two offences under section 101.5. All three persons charged with these terrorism offences are currently subject to ongoing prosecutions.
Eight prosecutions for a terrorism offence under Division 101 of the Criminal Code were finalised over the review period.
One person was sentenced in December 2021 for an offence under section 101.1 of the Criminal Code for a period of 6 years imprisonment.
One person was sentenced in October 2021 for an offence under section 101.6 of the Criminal Code for a period of 5 years and 4 months imprisonment.
One person was sentenced in October 2021 for an offence under section 101.6 of the Criminal Code for a period of 7 years and 4 months imprisonment.
Three persons were sentenced in September 2021 for offence under section 101.6 of the Criminal Code for a period of 10 years imprisonment.
One person was sentenced in September 2021 for an offence under section 101.6 of the Criminal Code for a period of 4 years 9 months imprisonment.
One person was successful in appealing their sentence in relation to section 101.5 of the Criminal Code, which was reduced to 8 years (non-parole period of 6 years).

Terrorism Offences (Division 102)

Over the review period AFP charged two persons with being a member of a terrorist organisation under Division 102 of the Criminal Code.
During this period, the AFP supported the commencement of two prosecutions for terrorism offences under Division 102 of the Criminal Code. These prosecutions remain ongoing.
The AFP finalised prosecution of four individuals in relation to a terrorism offence between 1 July 2021 and 30 June 2022.
Individuals prosecuted with this offence
Offence under the Criminal Code
Sentence duration
None
102.2 Knowingly and intentionally direct the activities of a terrorist organisation
N/A
One
102.3 Member of a terrorist organisation
2 years
One
3 years 10 months
One
7 years 4 months
None
102.4 Recruit a person to join a terrorist organisation
N/A
One
102.7 Provide support to a terrorist organisation
10 months 20 days
102.8 Associate with a person who is a member of a terrorist organisation

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 July 2021 and 30 June 2022, the AFP applied for and was issued four 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.
In the reporting period seven interim control orders were confirmed, three without variation and four with variation. No control orders were revoked without being confirmed.
In the reporting period no confirmed control orders were revoked or varied under section 104.20.
In the reporting period no control orders were varied under section 104.24.
In the reporting period two people were charged by the AFP for the offence of contravening a control order under section 104.27 of the Criminal Code. Two prosecutions regarding contravention of a control order were commenced by the AFP; these prosecutions were ongoing at the end of the review period. Three prosecutions for contravening a control order were issued under section 104.27 of the Criminal Code.
Action
Number of Control Orders
Control orders applied for and issued
Four (interim)
104.4(3) Control orders modified by the issuing court before being issued
None
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
Three
Control orders confirmed with variation
Four
Control orders revoked without being confirmed
None
104.20 Removal of one or more obligations, prohibitions or restrictions by court
None
104.24 Addition of obligations, prohibitions or restrictions by court
None
104.27 Offence for contravening a control order
Two
Prosecutions finalised for the offence of contravening an order
Three

Preventative Detention Orders (Division 105)

The AFP did not apply for and was not issued with any preventative detention orders between 1 July 2021 and 30 June 2022. 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 explained that the AFP Minister is the applicant responsible for applying for Continuing Detention Orders. Over the review period, the responsibility moved from the Minister for Home Affairs to the Attorney-General, reflecting the machinery of government changes. The AFP did not apply for and was not issued any continuing detention powers in the review period.
The AFP said it was aware the Minister for Home Affairs had sought one continuing detention order during the reporting period which was granted by the New South Wales Supreme Court.
The AFP did not apply for and was not issued any interim detention orders (IDO) and no person was taken into custody under a CDO by the AFP in the review period. The AFP said it was aware the Minister for Home Affairs sought one IDO during the reporting period as part of a CDO application. This order was extended three times, and expired the date the CDO was made.
The AFP said it was aware of one person placed on a CDO during the reporting period, while one other person remained on a CDO after it was formally affirmed by the Victorian Supreme Court 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 July 2021 and 30 June 2022. 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.