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

Type
Government
Portfolio
Attorney-General
Originating house
Senate
Status
Act
Parliament no
45

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Summary

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

Senate
Introduced and read a first time 15 Sep 2016
Second reading moved 15 Sep 2016
Second reading debate 08 Nov 2016
Second reading agreed to 08 Nov 2016
Committee of the Whole debate
  • Amendment details: 1 Government agreed to
09 Nov 2016
Third reading agreed to 09 Nov 2016
House of Representatives
Introduced and read a first time 10 Nov 2016
Second reading moved 22 Nov 2016
Second reading debate 22 Nov 2016
Second reading agreed to 22 Nov 2016
Third reading agreed to 22 Nov 2016
Finally passed both Houses 22 Nov 2016
Assent
  • Act no: 82
  • Year: 2016
29 Nov 2016

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

Senate

Schedules of amendments

No documents at present

Bills digest

Notes

Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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