The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024.

Media release issue date: Monday, 12 August 2024

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. The amendments in the Bill would ensure the continuation of the declared areas offence in section 119.2 of the Criminal Code Act 1995 until 7 September 2027. The provisions are otherwise due to ‘sunset’ on 7 September 2024. Section 119.2 of the Criminal Code makes it an offence—punishable by up to 10 years’ imprisonment—for an Australian citizen, resident or visa-holder to enter or remain in an area of a foreign country that has been ‘declared’ by the Minister for Foreign Affairs under section 119.3 of the Criminal Code. An area may be declared when the Minister is satisfied that a proscribed terrorist organisation is engaging in a hostile activity in that area. Exceptions apply for persons who can demonstrate their presence in the area was solely for a specific ‘legitimate purpose’, such as a bona fide visit to a family member or providing humanitarian aid. While the declared areas provisions have been an element of the Australian Government’s counter-terrorism framework since 2014, only two areas have been declared in that time. No declarations are currently in effect. The Committee recommended that the Bill be passed, while also recommending that the Government consider strengthening certain exceptions and safeguards within the scheme, prior to the next sunsetting of the provisions in 2027. The Committee also recommended that the Independent National Security Legislation Monitor review Division 119 of the Criminal Code, which deals with foreign incursions and recruitment, including the declared areas provisions. Mr Peter Khalil MP, Chair of the PJCIS, said: “The declared areas provisions are an important part of the Australian Government’s counter-terrorism framework. “The ability for the Foreign Minister to declare an area where a listed terrorist organisation is operating enables the Australian Government to respond swiftly to global events and deter Australians from travelling to those locations or joining terrorist activities there”, continued Mr Khalil. “The Committee is satisfied that, since the introduction of the declared areas provisions in 2014, the provisions have been used appropriately and judiciously. The periodic review by this Committee of Australia’s counter-terrorism laws, and implementation of its recommendations for ongoing review and improvement to the regime, should assure Australians that the laws continue to be necessary and proportionate.” Further information on the inquiry can be obtained from the Committee’s website. The full report and further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Steph Briese 0402 640 192 steph.briese@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right-hand corner of the page.

The Parliamentary Joint Committee on Intelligence and Security will hold a public hearing for its review of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024.

Media release issue date: Monday, 20 May 2024

The Parliamentary Joint Committee on Intelligence and Security will hold a public hearing for its review of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024 (Declared Areas Bill) on Monday, 20 May 2024. Counter-terrorism provisions within the Criminal Code Act 1995 (Criminal Code) include the ability for the Minister for Foreign Affairs to ‘declare’ an area, making it a potential offence, punishable by up to 10 years’ imprisonment, for an Australian citizen, resident or visa-holder to enter or remain in the area. The declared areas offence is presently due to sunset in September 2024. The Committee has invited Government and non-government representatives to its hearing to discuss the Declared Areas Bill, which primarily aims to continue the declared areas offence and related provisions in the Criminal Code for a further three years. Committee Chair, Mr Peter Khalil MP, said ‘The Committee has received mixed evidence regarding the declared areas offence. We look forward to hearing from a range of Government and non-Government witnesses to inform our review and report to Parliament.’ Further information on the inquiry can be obtained from the Committee’s website. The Committee’s website has a full program for the hearing, and the hearing will be broadcast live at aph.gov.au/live. Public hearing Monday, 20 May 2024 11:30 am – 2:30 pm AEST Committee Room 2R1, Parliament House, Canberra, and via videoconference Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right-hand corner of the page.

At the request of the Attorney-General, the Parliamentary Joint Committee on Intelligence and Security has commenced a review of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024.

Media release issue date: Monday, 15 April 2024

At the request of the Attorney-General, the Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. The amendments in the Bill would ensure the continuation of the declared areas offence in section 119.2 of the Criminal Code Act 1995. The offence, which is due to sunset on 7 September 2024, is an element of the Australian Government’s efforts to stop Australians becoming foreign fighters. The Bill would extend the offence for another three years, to 7 September 2027, and would also provide that section 119.3—the provision under which the Minister for Foreign Affairs can declare an area for the purpose of the offence in section 119.2—also ceases to have effect on 7 September 2027. Mr Peter Khalil MP, Chair of the PJCIS, said: “The Committee welcomes the referral of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. We look forward to receiving submissions from interested parties on the ongoing utility of the declared areas offences, which have been an important part of the Australian Government’s counter-terrorism efforts. “Since the introduction of these offences, periodic review by this Committee has ensured they are subject to ongoing parliamentary scrutiny and that the requirements of national security are constantly balanced against the rights of the individual”, continued Mr Khalil. Submissions to the inquiry are invited by 29 April 2024. Further information on the inquiry can be obtained from the Committee’s website. Media inquiries Chair Mr Peter Khalil MP, via Lachlan Hinds 0455 999 677 lachlan.t.hinds@aph.gov.au For background information Committee Secretariat, Parliamentary Joint Committee on Intelligence and Security (02) 6277 2360 pjcis@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right-hand corner of the page.