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Counter-Terrorism Legislation Amendment Bill (No. 1) 2016

Originating house
Before Senate


Amends the: Criminal Code Act 1995 to: enable the receipt of funds from terrorist organisations for legal assistance in certain circumstances; enable control orders to be imposed on persons from 14 years of age; impose an obligation on a person subject to a requirement to wear a tracking device to maintain the tracking device in good operational order and create offences for interfering with the operation of a tracking device; authorise the Australian Federal Police to ensure that the tracking device remains operational and to enter premises to install equipment necessary for the operation of the tracking device; remove the authority of the Family Court of Australia to issue control orders and preventative detention orders (PDOs); clarify the meaning of ‘imminence’ for the purposes of obtaining a PDO; and create a new offence prohibiting conduct advocating genocide; Crimes Act 1914, Criminal Code Act 1995, Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979 to establish regimes to monitor the compliance of individuals subject to a control order through search warrants, surveillance device warrants and telecommunications interception warrants; Australian Security Intelligence Organisation Act 1979 to enable the Australian Security Intelligence Organisation to furnish security assessments directly to states and territories; and provide that unauthorised disclosures of information by members of the community, except those who are entrusted persons, only constitute an offence if the information endangers the health or safety of a person or prejudices the effective conduct of a special intelligence operation; Classification (Publications, Films and Computer Games) Act 1995 to broaden the range of conduct that may be considered as advocating the doing of a terrorist act; Crimes Act 1914 to clarify the threshold requirements for the issue of a delayed notification search warrant; National Security Information (Criminal and Civil Proceedings) Act 2004 to: broaden protections for national security information in control order proceedings; provide for a special advocate to represent the interests of people subject to control order proceedings who have been excluded from parts of a proceeding; enable a court to make an order that is inconsistent with regulations made under the Act if the Attorney-General has applied for the order; and enable the regulations to continue to apply to the extent they provide for ways of dealing with national security information in criminal and civil proceedings; Taxation Administration Act 1953 to enable the disclosure of certain information; and Administrative Appeals Tribunal Act 1975 and Public Interest Disclosure Act 2013 to make consequential amendments.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

Introduced and read a first time 15/09/16  
Second reading moved 15/09/16  

Text of bill

  • First reading


Explanatory memoranda

  • Explanatory memorandum

  • Supplementary explanatory memorandum


Second reading speeches

Proposed amendments

  • Government [sheet ZA417]


Schedules of amendments

Bills Digest