Counter-terrorism laws

Overview

A full list of the counter-terrorism laws to be reviewed by the review committee can be found in the terms of reference.

In broad terms, the review committee will examine laws relating to:

• Control orders
• Preventative detention orders
• Police powers
• Other legislation

Control orders 

The review committee will examine the following legislative provisions related to Commonwealth control orders: 

• Criminal Code Act 1995 (Cth) (Division 104 and section 100.1).

Preventative detention orders

The review committee will examine the following legislative provisions related to Commonwealth, state and territory preventative detention orders: 

• Criminal Code Act 1995 (Cth) (Division 105 and sections 100.1)
• Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT)
• Terrorism (Police Powers) Act 2002 (NSW) (Part 2A)
• Terrorism (Emergency Powers) Act 2003 (NT)
• Terrorism (Preventative Detention) Act 2005 (QLD)
• Terrorism (Preventative Detention) Act 2005 (SA)
• Terrorism (Preventative Detention) Act 2005 (TAS)
• Terrorism (Community Protection) Act 2003 (VIC) (Part 2A)
• Terrorism (Preventative Detention) Act 2006 (WA)

Police powers

The review committee will examine the following legislative provisions related to certain emergency police powers: 

• Crimes Act 1914 (Cth) (sections 3C and 3D and Division 3A)
• Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT)
• Major Events Security Act 2000 (ACT) (Division 3.2)
• Terrorism (Police Powers) Act 2002 (NSW) (Parts 2 and 2A (and Parts 1, 4 and Schedule 1 insofar as they apply to Parts 2 and 2A))
• Terrorism (Emergency Powers) Act 2003 (NT)
• Police Powers and Responsibilities Act 2000 (Special Events) (QLD) (Chapter 19, Part 2)
• Public Safety Preservation Act 1986 (terrorist emergency powers) (QLD) (Part 2A)
• Terrorism (Police Powers) Act 2005 (SA)
• Police Powers (Public Safety) Act 2002 (TAS)
• Terrorism (Community Protection) Act 2003 (VIC) (Part 3A)
• Terrorism (Extraordinary Powers) Act 2005 (WA)

Other legislation

The review committee will examine the following amendments, which clarify how several existing counter-terrorism laws were intended to operate: 

• Criminal Code Act 1995 (Cth) (sections 100.1, 101.2, 101.4, 101.5, 101.6, 102.1, 102.5, 102.6, 102.8, 103.1, 103.2, 103.3, 106.2, 106.3)
• Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) (section 6)
• Financial Transaction Reports Act 1988 (Cth) (section 16)
• Administrative Decisions (Judicial Review) Act 1977 (Cth) (Schedule 1 (dab) and (dac)).