Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)Anti-terrorism Bill (No. 2) 2005
General Outline and Financial Impact Statement
This Bill amends the Criminal Code Act 1995 (the Criminal Code ), the Crimes (Foreign Incursions and Recruitment) Act 1978 , the Financial Transactions Reports Act 1988 (the FTR Act ), the Australian Security Intelligence Organisation Act 1979 (the ASIO Act ), the Surveillance Devices Act 2004, the Administrative Decisions (Judicial Review) Act 1977 (AD(JR) Act) Act , the Crimes Act 1914 (the Crimes Act ), the Migration Act 1958 , the Aviation Transport Security Act 2004 , the Proceeds of Crime Act 2002 , the Customs Act 1901 , and the Customs Administration Act 1985 .
The Bill improves the existing strong federal regime of offences and powers targeting terrorist acts and terrorist organisations. The Bill is the result of a comprehensive review of existing federal legislation that criminalises terrorist activity and confers powers on law enforcement and intelligence agencies to effectively prevent and investigate terrorism.
The principal features of the Bill are:
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- an extension of the definition of a terrorist organisation to enable listing of organisations that advocate terrorism;
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- a new regime to allow for 'control orders' that will allow for the overt close monitoring of terrorist suspects who pose a risk to the community;
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- a new police preventative detention regime that will allow detention of a person without charge where it is reasonably necessary to prevent a terrorist act or to preserve evidence of such an act;
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- updated sedition offences to cover those who urge violence or assistance to Australia's enemies;
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- strengthened offences of financing of terrorism by better coverage of the collection of funds for terrorist activity;
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- a new regime of stop, question, search and seize powers that will be exercisable at airports and other Commonwealth places to prevent or respond to terrorism;
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- a new notice to produce regime to ensure the AFP is able to enforce compliance with lawful requests for information that will facilitate the investigation of a terrorism or other serious offence;
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- amendments to ASIO's special powers warrant regime;
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- amendments to the offence of providing false or misleading information under an ASIO questioning warrant;
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- amendments to authorise access to airline passenger information for law enforcement and intelligence agencies;
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- the creation of a legal basis for the use of video surveillance at Australia's major airports and on aircraft; and
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- additional implementation of FATF Special Recommendations covering criminalising financing of terrorism, alternative remittance dealers, wire transfers and cash couriers.
There is no financial impact flowing directly from the offence provisions in this Bill.