500:
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
549:
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
541:
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
529:
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
291:
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
349:
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
398:
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."
341:
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
300:
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
425:
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
295:
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
284:." He said that Australia's counter-terrorism laws "require review and, where necessary, updating if we are to have a legal framework capable of safeguarding all Australians from the scourge of terrorism."
542:
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."
452:
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.
521:
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
48:
378:
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
457:
280:
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
60:
497:(described above), which had been separated from that Bill at the request of the Opposition to allow a speedy passage of these non-controversial sections of the Bill.
220:
181:
442:
681:
72:
568:
415:
193:
362:
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
77:
648:
334:
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.
686:
414:
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
213:
363:
150:
563:
522:
97:
676:
319:
requiring the tape recording of any admissions or confessions made by a suspect as a pre-condition for admissible evidence, and
206:
145:
25:
112:
82:
537:
said: "The
Council is in general concerned about any extension of the power to detain people as proposed by this bill." The
643:
366:
without opposition on 13 May. In the Senate the government accepted most, but not all, of the committee's amendments. The
281:
122:
418:
where that association provides support that would help the terrorist organisation to continue to exist or to expand."
55:
592:
313:
a suspect's right to communicate with a legal practitioner, friend or relative, an interpreter or a consular office
235:
140:
461:
was amended to make decisions of the Attorney-General on security grounds exempt from the application of the Act.
438:
653:
358:
Legal and Constitutional Committee, which recommended some amendments to strengthen safeguards in the Bill. The
546:
92:
530:
how such evidence could be produced. The potential subject matters of investigation are simply too varied."
176:
573:
538:
359:
249:
107:
67:
33:
241:
603:
514:
367:
117:
102:
526:
518:
430:
database system, to identify the victims of the disaster and conduct a criminal investigation.
394:
on 17 June, to amend a number of pieces of legislation to bring them into conformity with the
371:
355:
245:
660:
87:
445:(ASIO), the power to request an order for the surrender of a person's foreign passport.
273:
670:
628:
615:
305:
continue to apply to terrorist suspects being investigated in accordance with the
342:
providing training to or receiving training from a terrorist organisation.
375:
465:
The Bill passed Parliament and was assented to on 16 August 2004 as the
656:
551:
350:
commission of the United States under a specified military order.
427:
16:
Counter-terrorism Acts of the Parliament of Australia in 2004
534:
663:
criticising opposition to the anti-terrorism legislation
437:
was amended to give Australian authorities, such as the
481:
on 24 June which reintroduced the provisions of the
458:
Administrative Decisions (Judicial Review) Act 1977
322:
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
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.