Australia's counter-terrorism laws

Effective laws are a critical component of Australia's response to threatened or actual terrorist acts.

Australia's laws against terrorism are in Part 5.3 of the Criminal Code Act 1995 (Criminal Code).

Australia's laws against foreign incursions and recruitment are in Part 5.5 of the Criminal Code.

This department administers the Criminal Code.

Australia's counter-terrorism laws focus on:

• terrorist act offences
• terrorist organisations
• preventing the financing of terrorism
• urging violence and advocating terrorism offences
• foreign incursions and recruitment offences
• control orders
• preventative detention orders
• public display of prohibited terrorist organisation symbols.

Terrorist acts

A terrorist act is an act, or a threat to act, that meets the following criteria:

• it is done with the intention of advancing a political, religious or ideological cause,
• it is done with the intention to intimidate the public, or coerce, or influence by intimidation, any government, and
• it causes one or more of the following
  • death, serious harm or endangers the life of a person
  • serious damage to property
  • a serious risk to the health or safety of the public
  • serious interference with, disruption to, or destruction of critical infrastructure such as a telecommunications or electricity network.

Advocating, protesting, dissenting or taking industrial action are not terrorist acts where the person doing the activity does not intend to cause serious harm to a person or create a serious risk to public safety.

Anyone guilty of committing a terrorist act could face up to life imprisonment.

Powers

• Australian Security Intelligence Organisation Act 1979
• Control orders
• Preventative detention orders

Role of the Australian Federal Police

The Australian Federal Police has specific responsibility to investigate and prevent crime including terrorism.