Counter-Terrorism Legislation Amendment Bill (No. 1) 2015
Friday 13 November 2015 @ 12.20 p.m. | Crime
Attorney General, George Brandis, introduced the Counter-Terrorism Legislation Amendment Bill (No. 1) 2015 into the Senate on Thursday the 12 November 2015. The Bill contains a series of amendments to a number of Commonwealth criminal laws to further strengthen and update Australia’s counter-terrorism laws.
Amendments in the Bill
The amendments introduced, as explained in the explanatory memorandum to the bill, are designed and developed as a response to lessons learnt from recent counter-terrorism operations in Australia. They form part of the Government’s agenda to reform and strengthen Australia’s national security.
One of a number of key measures included in the Bill is amending the existing control order scheme to provide that a control order may be issued against a young person from the age of 14 years. However, the order would only be issued to a person under the age of eighteen in the rare circumstances where it would protect the public from a terrorist act, would prevent the young person from supporting or facilitating the terrorist act or would stop a young person from participating in hostility activities in a foreign country.
The bill also introduces measures to ensure that law enforcement agencies can effectively monitor compliance with the conditions imposed by a control order. Warrants are introduced by the bill to allow for the determination of whether a control order has been complied with. The Bill also provides for a broader range of options for protecting national security information that is used in control order proceedings. The provisions, however, will attempt to balance the need for this protection with the rights of the individuals involved.
The Bill, importantly, also introduces the new crime of advocating genocide. As George Brandis says:
“The Australian Government has a long and deep commitment to free speech. Moreover, the government recognises that one of Australia's greatest strengths is the diversity of voices within our harmonious, multicultural, multi-faith community. This must be preserved and protected. However, to incite violence is not to exercise free speech; it is to threaten physical harm and suffering.”
The aim of the offence is to limit the current use of social media to quickly radicalise young people and encourage them to commit acts of terrorism.
Mr Brandis emphasises that countering terrorism and violent extremism is a priority for all Australian Governments and that the States and Federal Government will continue their effort to cooperate in this endeavour.
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Sources:
Counter-Terrorism Legislation Amendment Bill (No. 1) 2015 and Secondary Materials as reproduced on TimeBase LawOne
