List of recommendations

3.14The Committee recommends that, following passage of the Bill and before the next sunsetting of the provisions in 2027, the Government consider reviewing the list of ‘legitimate purpose’ exceptions for entering or remaining in a declared area in subsection 119.2(3) of the Criminal Code. This includes considering whether any additional exceptions should be prescribed by regulations.

3.21The Committee recommends that, following passage of the Bill and before the next sunsetting of the provisions in 2027, the Government consider an additional exception to the offence of entering, or remaining in, an area that has been declared under section 119.3 of the Criminal Code. The exception would apply where:

the person is already travelling to, or is already in, the area on the day on which it becomes a declared area, and

the person leaves the area as soon as practicable, but no later than the period of one month beginning with that day.

3.27The Committee recommends that, following passage of the Bill and before the next sunsetting of the provisions in 2027, the Government consider reviewing the existing safeguards on the Minister for Foreign Affairs’ discretion to declare an area under section 119.3 of the Criminal Code. This would include reviewing the Minister’s protocol and the list of factors to be taken into consideration by the Minister for Foreign Affairs before declaring an area.

3.34The Committee recommends that the Independent National Security Legislation Monitor review Division 119 of the Criminal Code, with particular attention to the declared areas provisions and their ongoing necessity within the broader counter-terrorism legislative framework. The INSLM should report its findings in relation to the declared areas by 7 January 2027.

3.37The Committee recommends that the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024 be passed by the Parliament.