Prime Minister’s Press Release,
8 September 2005

http://www.pm.gov.au/news
/media_releases/media_
Release1551.html

COAG Communiqué,
27 September 2005 http://www.coag.gov.au/
meetings/270905/index.htm

Draft Anti-Terrorism Bill 2005 http://www.chiefminister.
act.gov.au/docs/B05PG201_
v281.pdf

1. Control orders

A new regime to allow the AFP to seek, from a court, 12-month control orders on people who pose a terrorist risk to the community. These would be similar to apprehended violence orders but would allow stricter conditions to be imposed on a person such as tracking devices, travel and association restrictions. The Government will be conferring with the States and Territories about the details and administration of the orders.

COAG agreed to the Commonwealth Criminal Code being amended to enable Australia better to deter and prevent potential acts of terrorism and prosecute where these occur. This includes amendments to provide for control orders and preventative detention for up to 48 hours to restrict the movement of those who pose a terrorist risk to the community.

Schedule 4

2. Preventative Detention

A new preventative detention regime that allows detention for up to 48 hours in a terrorism situation. Preventative detention is to be contrasted with ASIO and police detention for the purposes of questioning which is limited by the intelligence available to allow proper questioning. As is the case in the UK, the focus of preventative detention is primarily about stopping further attacks and the destruction of evidence. At the 27 September COAG meeting, States and Territories will be asked to provide for longer detention periods, similar to those available in the UK which allow for up to 14 days detention, because there are constitutional restrictions on the capacity of the Australian Government to provide for this type of detention.

AFP use of force re preventative detention – not in press release

See above.

State and Territory leaders agreed to enact legislation to give effect to measures which, because of constitutional constraints, the Commonwealth could not enact, including preventative detention for up to 14 days.

Not in Communiqué

Sch 4

Sch 4. cl. 105.23; compare existing provision in Crimes Act 1914 s. 3ZC http://www.austlii.edu.au/au/
legis/cth/consol_act/ca191482/
s3zc.html

3. Notice to produce

A new notice to produce regime to facilitate lawful AFP requests for information that will assist with the investigation of terrorism and other serious offences.

Not in Communiqué

Sch 6

4. Access to passenger information

Provide access to airline passenger information for ASIO and the AFP.

COAG agreed:

 to conduct via the NCTC a review of information and intelligence-sharing processes between Commonwealth and State and Territory agencies to facilitate better information flow to counter crime and terrorism in the aviation sector and to report back to COAG by mid 2006; and

Sch 6 (AFP);

Sch 10 (ASIO)

5. Stop, question and search powers

Extend stop, question and search powers for the AFP where there are reasonable grounds that a person might have just committed, might be committing, or might be about to commit a terrorism offence.

State and Territory leaders agreed to enact legislation to give effect to measures which, because of constitutional constraints, the Commonwealth could not enact, including preventative detention for up to 14 days and stop, question and search powers in areas such as transport hubs and places of mass gatherings. COAG noted that most States and Territories already had or had announced stop, question and search powers.

Sch 5

6. Exploring with the States and Territories about extending these powers to police at transport hubs and other places of mass gatherings as well as the use of random baggage searches and a National Code of Practice for Closed Circuit Television (CCTV) Systems for the Mass Passenger Transport Sector.

Security of Mass Passenger Transport

Sch 8 (CCTV) – airports & on board aircraft.

7. ASIO warrant regime

ASIO’s special powers warrant regime is being refined to:

clarify the definition of 'electronic equipment', and allow for entry onto premises, in the computer access warrant provisions

extend the validity of search warrants from 28 days to 3 months

extend the validity of mail and delivery service warrants from 90 days to 6 months

amend the search warrant provisions to provide that material may be removed and retained for such time as is reasonable "for the purposes of security".

Not in Communiqué

Sch 10

8. Strengthening existing offences and creating new offences

Create new offences for:

leaving baggage unattended within the airport precinct, and

inciting violence against the community to replace the existing sedition offence, to address problems with those who communicate inciting messages directed against other groups within our community, including against Australia’s forces overseas and in support of Australia’s enemies. This is consistent with the Gibbs Committee in its Review of Commonwealth Criminal Law in 1991 which recommended that the sedition offence should be updated and simplified and the maximum penalty increased from 3 to 7 years imprisonment.

Not in Communiqué

Not in Anti-Terrorism Bill; in another future Bill?--

Sch 7

Repeals and re-enacts Crimes Act 1914 ss 24A-24E http://www.austlii.edu.au/
au/legis/cth/consol_act/
ca191482/

9. Strengthen existing offences for financing of terrorism,

 providing false or misleading information under an ASIO questioning warrant and

 for threatening aviation security.

Other improvements will be made, including to the financing of terrorism offence.

Not in Communiqué --

Not in Communiqué --

Sch 3

Sch 10

Not in Bill

10. Terrorism offences in the Criminal Code will be clarified and the criteria for listing terrorist organisations extended to cover organisations that advocate terrorism. This will be another issue that will be discussed with the States and Territories.

The Commonwealth's ability to proscribe terrorist organisations will be expanded to include organisations that advocate terrorism.

Sch 1

11. Citizenship

We will continue to work on visa and citizenship security and character checking processes but will move immediately to strengthen our citizenship provisions including:

extending the waiting period in order to obtain citizenship by 12 months to three years,

security checking of citizenship applications, so that citizenship applications can be refused on security grounds; and

strengthening the deprivation of citizenship provisions relating to serious criminal offences to include offences committed in the period between approval of an application and acquisition of citizenship.

Not in Communiqué

In a future bill to amend the Australian Citizenship Act 1948?

12. Terrorist financing

Improve our terrorism financing regime to better implement criminalising financing of terrorism, alternative remittance dealers, wire transfers and cash couriers. The Government will investigate with the States and Territories better ways to ensure charities are not misused to channel funds to terrorists.

Other improvements will be made, including to the financing of terrorism offence.

Sch 3 and Sch 9