Counter-Terrorism Legislation Amendment Bill 2026

Ms ROWLAND (Greenway—Attorney-General) (09:34): I move: That this bill be now read a second time. The Albanese government's first priority is the safety of all Australians and protecting the values we all hold dear. Terrorism is a unique threat.

It is intended to impact not only its direct victims but the community as a whole. It strikes at our social fabric and attempts to stop celebrating the successful multicultural, respectful and vibrant democracy we've built over generations. The devastating terrorist attack at Bondi Beach in December 2025 demonstrated the profound harm that acts of terror can inflict on individuals, families and communities.

Fifteen innocent people lost their lives in an act of terrorism motivated by hate and extremism. We will never forget those fifteen innocent people nor the deep and lasting wounds inflicted on our community, particularly for Jewish Australians. The unique threat posed by terrorism requires corresponding legislative responses.

The Counter-Terrorism Legislation Amendment Bill 2026 is part of that response. This bill would make a targeted set of reforms to key counterterrorism powers to keep Australians safe and, importantly, to ensure that those powers remain available, effective and proportionate. Over time, Australia has developed a broad suite of legislative measures to combat terrorism.

This includes offences relating to terrorist acts, terrorist financing and terrorist organisations. It includes bespoke police powers to investigate and prevent terrorism, supplementing the ordinary powers available to law enforcement. Importantly, it also includes a range of orders to protect the public from the threat of terrorism.

As the threat environment changes, our laws must evolve accordingly. Law enforcement and intelligence agencies must have the powers they need to respond. As the Director-General of Security recently observed, Australia's security environment is becoming increasingly dynamic, diverse and degraded.

Terrorist threats are emerging from a broader range of ideologies. Individuals are being radicalised more rapidly. And acts of violence can occur with little warning.

This bill I introduce today would extend the sunset date for key counterterrorism police powers and order frameworks. It would make amendments to streamline and rationalise the control order and post-sentence order frameworks, and ensure those frameworks operate effectively to address the current terrorism threat, including the threat posed by high-risk terrorist offenders.

It would also make technical amendments to the framework for listing terrorist organisations. Finally, the bill would also amend division 71 of the Criminal Code to give effect to the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel. Control orders, post-sentence orders and other counterterrorism powers The bill would extend the sunset provisions for several critical counterterrorism frameworks for a further three years, until 7 December 2029.

Specifically, the bill would extend the sunset date for the control order, preventive detention order and post-sentence order frameworks in divisions 104, 105 and 105A of the Criminal Code respectively. It would also extend the sunset date for police powers in division 3A of part IAA of the Crimes Act that support the prevention of, and response to, terrorism related threats.

These powers remain an important part of Australia's counterterrorism framework. Extending their operation ensures that law enforcement agencies retain access to key tools to protect the community from terrorism and to manage risks posed by serious terrorist offenders. The bill would also make important reforms to the control order and post-sentence order frameworks in divisions 104 and 105A of the Criminal Code.

The bill would streamline and simplify the existing order frameworks to establish control orders as the primary Commonwealth mechanism for imposing conditions on serious terrorist offenders in the community. Positioning control orders as the primary mechanism to impose conditions on serious terrorist offenders reduces the duplication between the control order and post-sentence order frameworks.

It ensures there is one primary Commonwealth mechanism to impose conditions to manage the risk of terrorism. It also reflects current practice. To implement this, the bill would remove the ability for the AFP minister to apply for an extended supervision order, while enhancing the control-order framework in its application to serious terrorist offenders.

It would remain open to a state or territory supreme court to issue an extended supervision order where the court is not satisfied a detention order is justified. The bill would make several technical amendments to the control-order framework to enhance its effectiveness in relation to serious terrorist offenders. Importantly, these amendments would not affect the eligibility or thresholds for control orders.

These orders are already available in relation to high-risk terrorist offenders. Instead, these amendments would align certain elements of the control-order framework with certain processes that currently apply to extended supervision orders. The bill would also amend the Surveillance Devices Act 2004 and the Telecommunications (Interception and Access) Act 1979.

The amendments would enable law enforcement agencies to obtain warrants for electronic surveillance when considering whether to request a control order in relation to a serious terrorist offender at the end of their custodial sentence. These amendments are intended to ensure that law enforcement have the powers they need to support the use of control orders as the principal mechanism for managing high-risk terrorist offenders in the community following their release from custody.

Warrants of this kind are currently available in relation to extended supervision orders. Enlivening these powers for a limited subset of control orders is not a significant expansion of powers. Instead, these amendments would ensure agencies maintain necessary investigative powers to inform the management of serious terrorist offenders at the end of their custodial sentence.

In addition, the bill would strengthen information sharing provisions in the control order and post-sentence order frameworks to ensure decision-makers have a more complete picture of the risk posed by an individual. The amendments in the bill would allow state and territory authorities to voluntarily disclose information to the Commonwealth for control-order purposes.

This would provide decision-makers with access to relevant information to support them in making informed assessments about the risk a person poses to the community. These amendments would support the crucial relationships between Commonwealth, state and territory agencies that underpin Australia's efforts to combat terrorism. The bill would also expand the range of criminal information available to inform control-order and post-sentence-order applications and proceedings.

Specifically, the bill would amend the Criminal Code and the Crimes Act to enable information about findings of guilt where no conviction is recorded to be considered for the purposes of the post-sentence and control-order frameworks. Findings of guilt form an important part of a person's criminal history. This information is likely to be highly relevant to assessing the risk a person poses to the community and tailoring the approach to managing that risk.

The bill would also strengthen the application of the control-order framework in relation to young people. The Director-General of Security and the AFP Commissioner have both commented publicly on the disturbing trend of young people being radicalised. An increasing number of minors are being investigated for, and charged with, terrorism related offences.

It is important that there are measures available to the government to address the risk posed by these young people outside of the criminal justice process. In response to this trend, the bill would extend the maximum period for which a control order can be imposed on a person between 14 and 17 years of age from 3 months to 12 months. Control orders are an effective and proportionate mechanism to manage terrorism risks short of prosecution.

Importantly, control orders enable the court to impose a wide range of conditions, including therapeutic and rehabilitation conditions and conditions to prevent online access to violent extremist material. Extending the maximum duration of control orders would enable law enforcement to facilitate youth participation in integration and rehabilitation programs for a longer period of time.

This would provide courts with greater flexibility to impose orders that appropriately reflect the risks posed by a young person and the circumstances of their case. It would enable these orders to operate more effectively to respond to the growing cohort of young people who pose a serious threat to the community. Importantly, 12 months would be the maximum duration for a control order against a young person.

It would remain a matter for the court to determine the appropriate duration of a particular control order, having regard to a range of factors including the best interests of the young person. De-listing terrorist organisations The bill would also strengthen the operation of the terrorist organisation listing framework in division 102 of the Criminal Code. The listing of terrorist organisations remains a critical part of Australia's counter-terrorism framework.

It enables law enforcement and intelligence agencies to disrupt terrorist activities and imposes significant criminal penalties on terrorist organisations and those who support them in specified ways. Importantly, these amendments would not change the scope of organisations that can be listed. It would remain the case that an organisation can be listed only if it meets at least one of the criteria for listing.

That is, an organisation can only be listed if it either engages in, prepares, plans, assists or fosters terrorist acts or advocates terrorist acts. Instead, the amendments would clarify certain elements of the framework and support its efficient operation. The amendments in the bill would ensure an organisation must only be de-listed if the AFP minister ceases to be satisfied that the organisation meets at least one of the criteria for listing, regardless of the criteria of which the minister was satisfied at the time the organisation was listed.

This amendment would remove any risk that an organisation would need to be de-listed in circumstances where it is still engaging in or advocating terrorism. The bill would remove the ability for an individual or an organisation to make an application for an organisation to be de-listed. This would ensure that the decision to de-list a terrorist organisation is driven by intelligence and threat assessments, rather than by public applications.

Numerous safeguards would remain to ensure organisations are de-listed if appropriate. Most notably, the minister must maintain ongoing satisfaction that the organisation meets one of the criteria for listing as a terrorist organisation. In addition, the Parliamentary Joint Committee on Intelligence and Security can review the listing of a terrorist organisation at any time, and provide comments and recommendations to parliament.

The bill would also clarify that a de-listing declaration is a notifiable instrument and is not subject to disallowance. Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel In addition, the bill would expand protections for United Nations and associated personnel in division 71 of the Criminal Code. Division 71 contains a range of offences for harmful conduct against UN and associated personnel engaged in UN operations.

The bill would extend these offences to apply to additional types of UN operations, including for the purpose of delivering humanitarian, political or development assistance in peacebuilding activities, and for the purpose of delivering emergency humanitarian assistance. These amendments would give effect to Australia's obligations under the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel.

The amendments would reinforce Australia's commitment to protecting those who undertake critical humanitarian, peacebuilding and development work in some of the world's most challenging environments. The amendments would also align with Australia's leadership in developing and implementing the Declaration for the Protection of Humanitarian Personnel, and are an important demonstration of Australia's continued commitment to international law.

INSLM Review into Division 105A Finally, I acknowledge the work of the former Independent National Security Legislation Monitor Mr Grant Donaldson SC on his review into division 105A (and related provisions) of the Criminal Code Act. In developing the bill, the government has carefully considered the report and its recommendations. States and Territories The Commonwealth also acknowledges the constructive engagement of the states and territories in the development of this bill.

Parts of the Criminal Code are underpinned by the Intergovernmental Agreement on Counter-Terrorism Laws and, to that end, I acknowledge the agreement provided by first ministers of the majority states and territories to progress this legislation. The Commonwealth also acknowledges the constructive engagement of officials through the Legal Issues Working Group of the Australia-New Zealand Counter-Terrorism Committee.

This is the federation working at its best to keep Australians safe. Conclusion As the terrorism threat facing Australia continues to evolve, so too must our counter-terrorism laws. This bill would maintain critical counter-terrorism powers and ensures that Australia's counter-terrorism laws remain effective, proportionate and responsive to evolving threats.

The bill is an important part of the government's continuing and holistic efforts to protect Australians from the threat of terrorism. The government will today refer the bill to the Parliamentary Joint Committee on Intelligence and Security for consideration and report. I thank the committee for its important work, and the government will work constructively with the PJCIS as it conducts its review.

I commend the bill to the chamber. Debate adjourned.