Proposals to further strengthen Australia’s counter-terrorism laws—2005

Susan Harris Rimmer, The Australia Institute
Nigel Brew

Abstract

On 8 September 2005, Prime Minister John Howard announced a number of proposed changes to Australia’s counter-terrorism laws with the aim of enabling Australia to ‘better deter, prevent, detect and prosecute acts of terrorism’. Drawing on overseas experience, particularly the London bombings in July 2005, the Prime Minister declared that the reforms ‘will ensure Australia’s counter-terrorism legislative regime remains at the forefront of international efforts to counter the global threat of terrorism’. State and Territory leaders unanimously agreed to the proposed changes at a special meeting of the Council of Australian Governments (COAG) on 27 September 2005 and legislation has now been drafted, based on the COAG Communiqué, to enable the implementation of the new measures. At a press conference following the conclusion of the COAG meeting, the Prime Minister said that ‘as a result of the decisions taken today, we are in a stronger and better position to give peace of mind to the Australian community’. Draft State legislation necessary to complement the Commonwealth preventative detention scheme is listed below. Under section 100.8 of the Commonwealth Criminal Code, the agreement of at least four States is required before the Commonwealth can make amendments to Part 5.3 of the Code (terrorism-related offences). The proposals have attracted a significant amount of debate and commentary from a range of individuals and interest groups. Outlined below is a compilation of references reflecting the reaction to the proposed counter-terrorism measures, the outcomes of the COAG meeting and the draft legislation. This compilation will be continually reviewed and updated as the issue progresses and evolves.