ANTI-TERRORISM LAWS REFORM BILL 2010

i Anti-Terrorism Laws Reform Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Amendments to the Criminal Code Act 1995

Schedule 2--Amendments to the Crimes Act 1914

Schedule 3--Amendments to the Australian Security

Intelligence Organisation Act 1979

Schedule 4--Repeal of the National Security Information

(Criminal and Civil Proceedings) Act 2004

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 1

A Bill for an Act to reform anti-terrorism laws, and

for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Anti-Terrorism Laws Reform Act

2010.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

Amendments to the Criminal Code Act 1995 Schedule 1

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 3

Schedule 1--Amendments to the Criminal

Code Act 1995

1 Section 80.2

Repeal the section.

2 Subsection 80.3(1)

Omit "Sections 80.1 and 80.2 do", substitute "Section 80.1 does".

3 Subsection 100.1(1) (definition of terrorist act)

Repeal the definition, substitute:

terrorist act means an action where:

(a) the action falls within subsection (2) and does not fall within

subsection (3) or subsection (3A); and

(b) the action is done with the intention of:

(i) coercing, or influencing by intimidation, the

government of the Commonwealth or a State, Territory

or foreign country, or of part of a State, Territory or

foreign country; or

(ii) intimidating the public or a section of the public.

4 Subsections 100.1(2) and (3)

Repeal the subsections, substitute:

(2) Action falls within this subsection if it:

(a) causes a person's death; or

(b) endangers a person's life, other than the person taking the

action; or

(d) involves taking a person hostage; or

(e) creates a serious risk to the health or safety of the public or a

section of the public.

(3) Action falls within this subsection if it:

(a) is advocacy, protest, dissent or industrial action; and

(b) is not intended:

(i) to cause serious harm that is physical harm to a person;

Schedule 1 Amendments to the Criminal Code Act 1995

4 Anti-Terrorism Laws Reform Bill 2010 No. , 2010

(ii) to cause a person's death; or

(iii) to endanger the life of a person, other than the person

taking the action; or

(iv) to involve taking a person hostage.

(3A) Action falls within this subsection if it takes place in the context of,

and is associated with, an armed conflict (whether or not an

international armed conflict).

(3B) For the purposes of this Division:

armed conflict has the same meaning it has in Division 268.

take a person hostage means:

(a) to seize or detain that person; and

(b) to threaten to kill, to injure, or to continue to detain, that

person.

5 Section 101.4

Repeal the section.

6 Subsection 102.1(1) (before the definition of advocate)

Insert:

Advisory Committee means the Listing Advisory Committee

established by section 102.1AB.

7 Section 102.1 (definition of terrorist organisation)

Omit ", assisting in or fostering the doing of", substitute "or assisting

in".

8 Subsection 102.1(2)

Repeal the subsection, substitute:

(1AA) An organisation that, under paragraph (2)(a), is notified of the

proposed specification of the organisation for the purposes of

paragraph (b) of the definition of terrorist organisation in this

section (the proposed listing) has the right to oppose the proposed

listing by applying to the Minister in the prescribed form.

(2) Before the Governor-General makes a regulation specifying an

organisation for the purposes of paragraph (b) of the definition of

Amendments to the Criminal Code Act 1995 Schedule 1

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 5

terrorist organisation in this section (makes a regulation listing an

organisation), the Minister must:

(a) ensure that the organisation is notified, if it is practical to do

so, of that proposed listing; and

(b) ensure that the organisation and its members are notified, if it

is practical to do so, of their right to oppose the proposed

listing by application to the Minister; and

request of a foreign country--ensure that the following are

notified of that fact:

(i) the organisation and its members, if it is practical to do

so; and

(ii) the Advisory Committee; and

(d) be satisfied on reasonable grounds that the organisation:

(i) is directly or indirectly engaged in, preparing, planning

or assisting in a terrorist act (whether or not a terrorist

act has occurred or will occur); or

(ii) advocates the doing of a terrorist act (whether or not a

terrorist act has occurred or will occur).

(2AA) The Minister in making a decision under paragraph (2)(d) must:

(a) seek advice from the Advisory Committee under subsection

102.1AC; and

(b) take into account the recommendations of the Advisory

Committee.

(2AB) If the Governor-General makes a regulation listing an organisation,

the Minister must:

(a) ensure that the organisation is notified, if it is practical to do

so, that a regulation has been made listing the relevant

organisation and the consequences of that listing for the

members of the organisation; and

(b) cause to be published:

(i) on the Internet; and

(ii) in a daily newspaper that circulates generally in each

State and self-governing Territory; and

(ii) in the Gazette; and

(iv) in any other way required by the regulations (if any);

Schedule 1 Amendments to the Criminal Code Act 1995

6 Anti-Terrorism Laws Reform Bill 2010 No. , 2010

a notice, stating that a regulation has been made listing the

relevant organisation and the consequences of that listing for

members of the organisation.

(2AC) If the Governor-General makes a regulation listing an organisation

and a foreign country had requested the proposed listing, that

information must be included in a notice under subsection (2AB).

(2AD) The making of a regulation listing an organisation constitutes a

decision to list an organisation for the purposes of

subsection (2AE) and section 102.1AA.

(2AE) A notice under subsection (2AB) must also state:

(a) that the decision to list an organisation can be reviewed by

the Administrative Appeals Tribunal; and

(b) the time in which the application for review may be made;

and

(d) where the application for review can be made.

9 After section 102.1

Insert:

102.1AA Review by the Administrative Appeals Tribunal

(1) An application may be made to the Administrative Appeals

Tribunal for review of a decision to list an organisation.

(2) The regulations must provide for the procedures to be followed by

the Tribunal in considering an application under subsection (1).

102.1AB Establishment and membership of Listing Advisory

Committee

(1) A Listing Advisory Committee is established by this section.

(2) The Advisory Committee is to consist of at least 5 members.

(3) Each member of the Advisory Committee is to be appointed by the

Minister by written instrument.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

Amendments to the Criminal Code Act 1995 Schedule 1

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 7

(4) A member of the Advisory Committee holds office on a part-time

basis for the period specified in his or her instrument of

appointment. The period must not exceed 3 years.

(5) An instrument of appointment is to determine the terms and

conditions of the appointment, including remuneration and

allowances.

(6) The Minister must not appoint a person as a member of the

Advisory Committee unless:

(a) the person is not otherwise connected to the process of

specifying an organisation for the purposes of paragraph (b)

of the definition of terrorist organisation in section 102.1;

and

(b) the Minister is satisfied that the person has knowledge of, or

experience in, one or more of the following fields:

(i) human or civil rights;

(ii)

security

analysis;

(iii)

public

affairs;

(iv)

public

administration;

(v)

legal

practice;

(vi) a field specified in regulations made for the purposes of

this subparagraph.

(7) The Minister is to appoint one of the members of the Advisory

Committee as the convenor of the Committee.

(8) The Minister may, in writing, terminate the appointment of a

member of the Advisory Committee at any time.

(9) A member of the Advisory Committee may resign his or her

appointment by giving the Minister a written resignation. The

resignation takes effect on the day it is received by the Minister or,

if a later day is specified in the resignation, on that later day.

(10) The performance of the function of the Advisory Committee is not

affected because of a vacancy or vacancies in the membership of

the Advisory Committee.

102.1AC Functions

(1) The functions of the Advisory Committee are:

Schedule 1 Amendments to the Criminal Code Act 1995

8 Anti-Terrorism Laws Reform Bill 2010 No. , 2010

(a) to advise the Minister on any proposed listing of an

organisation;

(b) to consider any application made to the Minister opposing

the proposed listing of an organisation and make

recommendations to the Minister as a result of its

consideration.

(2) To assist in carrying out its functions under subsection (1), the

Advisory Committee may:

(a) publicise the role of the Advisory Committee in providing

advice to the Minister;

(b) engage in public consultations, including calling for

submissions;

consider necessary.

10 Section 102.5

Repeal the section, substitute:

102.5 Training a terrorist organisation or receiving training from a

terrorist organisation

(1) A person commits an offence if:

(a) the person intentionally provides training to, or intentionally

receives training from, an organisation; and

(b) the organisation is a terrorist organisation; and

Penalty: Imprisonment for 25 years.

(2) A person commits an offence if:

(a) the person intentionally provides training to, or intentionally

receives training from, an organisation; and

(b) the organisation is a terrorist organisation; and

terrorist organisation.

Penalty: Imprisonment for 15 years.

11 Paragraph 102.7(1)(a)

Omit "support", substitute "material support".

Amendments to the Criminal Code Act 1995 Schedule 1

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 9

12 After paragraph 102.7(1)(a)

Insert:

(aa) the person intends that the material support or resources

provided will be used by the organisation to engage in such

an activity; and

13 Paragraph 102.7(2)(a)

Omit "support", substitute "material support".

14 After paragraph 102.7(2)(a)

Insert:

(aa) the person is reckless as to whether the material support or

resources provided will be used by the organisation to engage

in such an activity; and

15 Section 102.7

At the end of the section, add:

(3) In this section:

material support does not include the mere

publication of views

that appear to be favourable to an organisation or its

objectives.

16 Section 102.8

Repeal the section.

Schedule 2 Amendments to the Crimes Act 1914

10 Anti-Terrorism Laws Reform Bill 2010 No. , 2010

Schedule 2--Amendments to the Crimes Act

1914

1 Section 15AA

Repeal the section.

2 Before section 23C in Division 2

Insert:

23BA Persons to be informed of rights

(1) A person who is detained under this Division must be informed (at

all material times) of his or her rights.

(2) It is sufficient if the person is informed of the substance of his or

her rights, and it is not necessary that this be done in language of a

precise or technical nature.

3 Paragraph 23CA(8)(l)

Omit ";", substitute ".".

4 Paragraph 23CA(8)(m)

Repeal the paragraph.

5 Section 23CB

Repeal the section.

6 Paragraph 23CA(8)(h)

Omit "23CB,".

7 Subsection 23DA(2)

Repeal the subsection, substitute:

(2) The application must be made to a judge of the Federal Court of

Australia, and that judge is the judicial officer for the purposes of

this section and section 23E.

Amendments to the Australian Security Intelligence Organisation Act 1979 Schedule 3

Anti-Terrorism Laws Reform Bill 2010 No. , 2010 11

Schedule 3--Amendments to the Australian

Security Intelligence Organisation Act

1979

1 Paragraph 34F(6)(b)

Omit ".", substitute "; and".

2 After paragraph 34F(6)(b)

Insert:

for the purposes of subsection (4), that the offence in relation

to which the warrant is sought:

(i) was committed after the end of the person's period of

detention under this Division for the first arrest; or

(ii) arose in different circumstances to those of the offence

to which any earlier warrant relates arose; and

(d) any questioning of the person under the proposed warrant

does not relate to:

(i) the offence to which any earlier warrant relates; or

(ii) the circumstances in which such an offence was

committed.

3 Subparagraph 34G(2)(b)(ii)

Omit ".", substitute "; and".

4 After paragraph 34G(2)(b)

Insert:

unless the issuing authority is satisfied, for the purposes of

paragraph (1)(b), that the offence in relation to which the

warrant is sought:

(i) was committed after the end of the person's period of

detention under this Division for the first arrest; or

(ii) arose in different circumstances to those of the offence

to which any earlier warrant relates arose; and

(d) any questioning of the person under the warrant requested

does not relate to:

(i) the offence to which any earlier warrant relates; or

Schedule 3 Amendments to the Australian Security Intelligence Organisation Act 1979

12 Anti-Terrorism Laws Reform Bill 2010 No. , 2010

(ii) the circumstances in which such an offence was

committed.

5 Paragraph 34G(4)(c)

Omit "168 hours", substitute "24 hours".

6 Subsection 34K(10)

Repeal the subsection.

7 Section 34S

Omit "168 hours", substitute "24 hours".

8 Section 34ZP

Repeal the section.

9 Section 34ZR

Repeal the section.

10 Subsection 34ZS(2)

Repeal the subsection.

11 Section 34ZT

Repeal the section.

Commonwealth of Australia Bills

ANTI-TERRORISM LAWS REFORM BILL 2010