List of Recommendations

Recommendation 1

2.44
The Committee recommends that section 119.2 and 119.3 of the Criminal Code Act 1995 be extended a further three years, with a new sunset date of 7 September 2024.

Recommendation 2

2.45
The Committee recommends that the Criminal Code Act 1995 be amended to provide that the Parliamentary Joint Committee on Intelligence and Security may review the operation, effectiveness and proportionality of the ‘declared areas’ provisions prior to the new sunset date.

Recommendation 3

2.48
The Committee recommends that, within 18 months of tabling this report, the Parliamentary Joint Committee on Intelligence and Security receive a briefing, from relevant government agencies on the use, proportionality and effectiveness of provisions 119.2 and 119.3 of the Criminal Code Act 1995.

Recommendation 4

2.56
The Committee recommends that the Criminal Code Act 1995 be amended to allow Australian citizens to request an exemption from the Minister for Foreign Affairs to travel to a declared area for reasons not listed in section 119.2, but which are not otherwise illegitimate under Australian Law.
The Committee recommends that the Minister for Foreign Affair’s decision is not subject to merit review.

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About this inquiry

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a statutory review into the ‘declared area’ provisions, listed in sections 119.2 and 119.3 of the Criminal Code Act 1995.

The provisions were introduced as part of the Foreign Fighters Counter-Terrorism Legislation Amendments in 2014, and make it an offence for a person to enter, or remain in, declares areas if a foreign country, historically on the basis of regional terrorism activity. Under a sunset clause, the provisions are due to expire on 7 September 2021.



Past Public Hearings

22 Sep 2020: Canberra