Knowledge (XXG)

Australian anti-terrorism legislation, 2004

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The Bill was supported by the Opposition and was passed by the House of Representatives on 24 June without opposition. The Bill was then referred to the Senate Legal and Constitutional Committee and was debated in the Senate after the Committee reported. The Bill passed Parliament and was assented to
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also expressed concerns about some aspects of the bills. "The Law Council is not convinced of the need for this legislation," the council's submission to the Senate inquiry said. "Indeed in our submission the new laws have the potential to operate harshly and will unfairly target members of minority
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said: "We are concerned that this proposal does not seem to have arisen from any real, practical difficulty which has been experienced. Further, there has been a complete absence of debate as to the reasons for and necessity of this amendment. When changes to Australia's legal system which have the
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said: "No evidence is offered to support this claim that the investigation of terrorist offences is sufficiently complex as to warrant a doubling of the total permitted time of detention from 12 to 24 hours. Indeed, given the breadth of the definition of 'terrorism offences', it is difficult to see
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to extend the fixed investigation period (that is, the period for which a suspect can be questioned before being either charged or released) under Part 1C of the Crimes Act for investigations into suspected terrorism offences, from 4 to 24 hours. Any such extension would have to be authorised by a
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to extend the operation of the Act to foreign indictable offences beyond proceeds derived in Australia, to also cover proceeds that have been derived elsewhere and then subsequently transferred to Australia. The Bill defined "foreign indictable offence" to include an offence triable by a military
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described above. "Under the new offence," Ruddock said, "what must be proved is that the person communicates or meets directors, members or promoters of a listed terrorist organisation and in doing so provides support intended to assist the expansion or continued existence of the organisation."
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to make it an offence for a person to be a member of an organisation found by a court to be a terrorist organisation, and gave the government the power to prescribe organisations for the purposes of the Act. A further amendment to section 102.5 of the Criminal Code introduced new offences of
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Ruddock said that the government recognised the need to "ensure that appropriate safeguards are put in place to maintain the balance between security and individual rights and freedom." Existing safeguards in part 1C of the
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was amended to ensure that if a terrorist attack or other mass-casualty disaster were to occur within Australia forensic services from all jurisdictions in Australia would be able to work together, using the national
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to permit law enforcement agencies to reasonably suspend or delay questioning of a person suspected of committing a terrorism offence to make overseas inquiries to obtain information relevant to that terrorism
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potential to severely impact on individual's liberty and rights are proposed it is fundamentally important that the community is properly consulted and informed before our elected representatives act."
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was amended to give ASIO the power to demand a person surrender their Australian and foreign passports if the person is subject to a request for consent to apply for a questioning warrant.
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opposed the bills on the grounds that they unacceptably abridged the rights of persons and organisations. Some civil liberties organisations also opposed all or parts of the bills. The
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opposed the Bill in the Senate. The Bill was passed by the Senate with the support of the Opposition on 24 June, was assented on 30 June and came into force on 1 July 2014 as the
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on 31 March 2004. He described it as "a bill to strengthen Australia's counter-terrorism laws in a number of respects – a task made more urgent following the recent tragic
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then indicated that it would support the Bill if it were amended in accordance with the committee's recommendations. The Bill was passed by the
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to make it an offence for a person to commit hostile activities while serving in any capacity in or with the armed forces of a foreign state.
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was amended to make it an offence to "intentionally associate with a person who is a member or who promotes or directs the activities of a
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requiring the tape recording of any admissions or confessions made by a suspect as a pre-condition for admissible evidence, and
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said: "The Council is in general concerned about any extension of the power to detain people as proposed by this bill." The
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without opposition on 13 May. In the Senate the government accepted most, but not all, of the committee's amendments. The
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where that association provides support that would help the terrorist organisation to continue to exist or to expand."
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a suspect's right to communicate with a legal practitioner, friend or relative, an interpreter or a consular office
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was amended to make decisions of the Attorney-General on security grounds exempt from the application of the Act.
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Legal and Constitutional Committee, which recommended some amendments to strengthen safeguards in the Bill. The
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how such evidence could be produced. The potential subject matters of investigation are simply too varied."
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database system, to identify the victims of the disaster and conduct a criminal investigation.
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on 17 June, to amend a number of pieces of legislation to bring them into conformity with the
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continue to apply to terrorist suspects being investigated in accordance with the
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providing training to or receiving training from a terrorist organisation.
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The Bill passed Parliament and was assented to on 16 August 2004 as the
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commission of the United States under a specified military order.
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Counter-terrorism Acts of the Parliament of Australia in 2004
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criticising opposition to the anti-terrorism legislation
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was amended to give Australian authorities, such as the
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on 24 June which reintroduced the provisions of the
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Administrative Decisions (Judicial Review) Act 1977
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a suspect's right to a copy of recorded interviews.
604:Anti-terrorism Bill 2004 – EXPLANATORY MEMORANDUM 574:Terrorism in Australia#Anti-terrorism legislation 495:Australian Security Intelligence Organisation Act 450:Australian Security Intelligence Organisation Act 332:Crimes (Foreign Incursions and Recruitment) Act 485:, relating to the amendment of Part 1D of the 421:the forensic procedure laws in part 1D of the 443:Australian Security Intelligence Organisation 214: 8: 644:New South Wales Council for Civil Liberties 535:New South Wales Council for Civil Liberties 569:Outlawed terror organisations in Australia 221: 207: 49:Sydney Yugoslav General Trade and Tourist 20: 61:Sydney Israeli consulate and Hakoah Club 585: 159: 151:Australian aeroplane terror plot (2017) 131: 39: 32: 287:The main provisions of the Bill were: 146:Holsworthy Barracks terror plot (2009) 292:magistrate or other judicial officer. 7: 682:Acts of the Parliament of Australia 402:The Bill amended a number of Acts: 326:The Bill amended a number of Acts: 564:Australian Anti-Terrorism Act 2005 523:Castan Centre for Human Rights Law 316:a suspect's right to remain silent 309:regime. These safeguards include: 182:Designated terrorist organisations 98:Queanbeyan stabbing attacks (2017) 14: 177:Anti-terrorism legislation (2005) 172:Anti-terrorism legislation (2004) 550:groups, especially those of the 483:Anti-terrorism Bill (No 2), 2004 113:Melbourne stabbing attack (2018) 83:Endeavour Hills stabbings (2014) 73:Turkish consulate bombing (1986) 629:Anti-terrorism Act (No. 3) 2004 616:Anti-terrorism Act (No. 2) 2004 503:Anti-terrorism Act (No. 3) 2004 479:Anti-terrorism Bill (No 3) 2004 473:Anti-terrorism Bill (No 3) 2004 467:Anti-terrorism Act (No. 2) 2004 392:Anti-terrorism Bill (No 2) 2004 386:Anti-terrorism Bill (No 2) 2004 262:Anti-terrorism Bill (No 3) 2004 258:Anti-terrorism Bill (No 2) 2004 78:French consulate bombing (1995) 194:Counter-terrorism raids (2014) 123:Wakeley church stabbing (2024) 1: 509:Criticisms of the legislation 416:listed terrorist organisation 354:The Bill was referred to the 68:Russell Street bombing (1986) 141:Sydney terrorism plot (2005) 56:Sydney Hilton bombing (1978) 687:Terrorism laws in Australia 282:terrorist bombings in Spain 246:Howard Coalition government 118:Wieambilla shootings (2022) 703: 659:24 August 2004. Column by 93:Parramatta shooting (2015) 501:on 16 August 2004 as the 439:Australian Federal Police 108:Mill Park stabbing (2018) 649:Law Council of Australia 593:Anti-terrorism Bill 2004 547:Law Council of Australia 374:and independent Senator 364:House of Representatives 278:Anti-terrorism Bill 2004 268:Anti-terrorism Bill 2004 254:Anti-terrorism Bill 2004 248:with the support of the 477:Ruddock introduced the 390:Ruddock introduced the 380:Anti-terrorism Act 2004 88:Lindt Cafe siege (2014) 677:2004 in Australian law 272:The Attorney-General, 34:Terrorism in Australia 347:Proceeds of Crime Act 242:Australian Parliament 103:Brighton siege (2017) 51:Agency bombing (1972) 539:Civil Rights Network 515:Australian Democrats 368:Australian Democrats 240:were enacted in the 654:"Fascist Australia" 627:Federal Register, 396:Anti-Terrorism Act 527:Monash University 519:Australian Greens 372:Australian Greens 276:, introduced the 252:. These were the 231: 230: 160:Counter-terrorism 694: 661:Gerard Henderson 631: 625: 619: 612: 606: 601: 595: 590: 360:Labor Opposition 250:Labor Opposition 223: 216: 209: 21: 702: 701: 697: 696: 695: 693: 692: 691: 667: 666: 640: 635: 634: 626: 622: 613: 609: 602: 598: 591: 587: 582: 560: 511: 475: 388: 270: 244:in 2004 by the 227: 198: 155: 127: 63:bombings (1982) 62: 50: 40:Notable attacks 17: 12: 11: 5: 700: 698: 690: 689: 684: 679: 669: 668: 665: 664: 651: 646: 639: 638:External links 636: 633: 632: 620: 607: 596: 584: 583: 581: 578: 577: 576: 571: 566: 559: 556: 510: 507: 474: 471: 463: 462: 453: 446: 431: 419: 387: 384: 352: 351: 343: 335: 324: 323: 320: 317: 314: 298: 297: 296:investigation. 293: 274:Philip Ruddock 269: 266: 236:anti-terrorism 229: 228: 226: 225: 218: 211: 203: 200: 199: 197: 196: 185: 184: 179: 174: 165: 162: 161: 157: 156: 154: 153: 148: 143: 137: 134: 133: 129: 128: 126: 125: 120: 115: 110: 105: 100: 95: 90: 85: 80: 75: 70: 65: 58: 53: 45: 42: 41: 37: 36: 30: 29: 15: 13: 10: 9: 6: 4: 3: 2: 699: 688: 685: 683: 680: 678: 675: 674: 672: 662: 658: 655: 652: 650: 647: 645: 642: 641: 637: 630: 624: 621: 618: 617: 611: 608: 605: 600: 597: 594: 589: 586: 579: 575: 572: 570: 567: 565: 562: 561: 557: 555: 553: 552:Islamic faith 548: 543: 540: 536: 531: 528: 524: 520: 516: 508: 506: 504: 498: 496: 492: 491:Passports Act 488: 484: 480: 472: 470: 468: 460: 459: 454: 451: 447: 444: 440: 436: 435:Passports Act 432: 429: 424: 420: 417: 413: 409: 408:Criminal Code 405: 404: 403: 400: 397: 393: 385: 383: 381: 377: 373: 369: 365: 361: 357: 348: 344: 340: 339:Criminal Code 336: 333: 329: 328: 327: 321: 318: 315: 312: 311: 310: 308: 304: 294: 290: 289: 288: 285: 283: 279: 275: 267: 265: 263: 259: 255: 251: 247: 243: 239: 237: 224: 219: 217: 212: 210: 205: 204: 202: 201: 195: 192: 191: 190: 189: 183: 180: 178: 175: 173: 170: 169: 168: 164: 163: 158: 152: 149: 147: 144: 142: 139: 138: 136: 135: 132:Notable plots 130: 124: 121: 119: 116: 114: 111: 109: 106: 104: 101: 99: 96: 94: 91: 89: 86: 84: 81: 79: 76: 74: 71: 69: 66: 64: 59: 57: 54: 52: 47: 46: 44: 43: 38: 35: 31: 27: 23: 22: 19: 623: 614: 610: 599: 588: 544: 532: 512: 502: 499: 494: 490: 486: 482: 478: 476: 466: 464: 456: 449: 434: 422: 411: 407: 401: 395: 391: 389: 379: 353: 346: 338: 331: 325: 306: 302: 299: 286: 277: 271: 261: 257: 253: 234: 232: 187: 186: 171: 166: 18: 167:Legislation 671:Categories 580:References 487:Crimes Act 423:Crimes Act 412:Crimes Act 410:under the 307:Crimes Act 303:Crimes Act 558:See also 517:and the 376:Meg Lees 260:and the 26:a series 24:Part of 657:The Age 441:or the 489:, the 370:, the 356:Senate 256:, the 233:Three 238:bills 188:Raids 545:The 533:The 513:The 493:and 455:the 448:the 433:the 406:the 345:the 337:the 330:the 554:." 525:at 428:DNA 673:: 505:. 469:. 382:. 264:. 28:on 222:e 215:t 208:v

Index

a series
Terrorism in Australia
Sydney Yugoslav General Trade and Tourist
Agency bombing (1972)

Sydney Hilton bombing (1978)
Sydney Israeli consulate and Hakoah Club
bombings (1982)

Russell Street bombing (1986)
Turkish consulate bombing (1986)
French consulate bombing (1995)
Endeavour Hills stabbings (2014)
Lindt Cafe siege (2014)
Parramatta shooting (2015)
Queanbeyan stabbing attacks (2017)
Brighton siege (2017)
Mill Park stabbing (2018)
Melbourne stabbing attack (2018)
Wieambilla shootings (2022)
Wakeley church stabbing (2024)
Sydney terrorism plot (2005)
Holsworthy Barracks terror plot (2009)
Australian aeroplane terror plot (2017)
Anti-terrorism legislation (2004)
Anti-terrorism legislation (2005)
Designated terrorist organisations
Counter-terrorism raids (2014)
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anti-terrorism
Australian Parliament
Howard Coalition government

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