Counter-Terrorism Legislation Amendment Bill 2026
Mr MONCRIEFF (Hughes) (16:44): Fourteen December 2025 is a day that will remain seared in the minds of Australians forever. The devastating terrorist attack at Bondi Beach demonstrated with brutal clarity the profound consequences that extremism inflicts on individuals, families and communities. It was a shock wave through the national psyche, as Australians held their loved ones close and embraced their communities during an absolutely gut-wrenching time.
Australia's national terrorism threat level is currently 'probable', meaning there is a greater than 50 per cent chance of an onshore terrorist attack or attack planning in the next 12 months. As our national intelligence agencies have warned, radicalisation networks are aggressively targeting teenagers online. We cannot ignore the fact that a young teenager influenced by violent extremist ideology is capable of inflicting catastrophic harm.
The first and most fundamental responsibility of government is to ensure the safety and security of its citizens and residents. That is precisely what this bill does. The Counter-Terrorism Legislation Amendment Bill 2026 strengthens key counterterrorism powers and ensures that our frameworks remain available and effective in managing threats, including terrorists and those who pose a significant risk of committing a terrorist act.
It extends the operation of the control order, preventive detention order and post-sentence order frameworks in divisions 105, 104 and 105A of the Criminal Code for a further three years to 7 December 2029. Without the passage of this bill, these critical counterterrorism powers are due to sunset at the end of this year. In our current national security environment, it is of vital importance that they be extended.
The control order and preventive detention order framework were first introduced in 2005. The post-sentence order framework was later introduced in 2016 to establish continuing detention orders, and was expanded in 2021 to include extended supervision orders. Letting these powers sunset would leave a dangerous void in our national security architecture.
By extending them, we give agencies operational continuity while continuously refining how those powers are exercised as we navigate an increasingly complex set of circumstances. While some of these powers are rarely used, they are reserved for judicious and proportionate use in cases involving the most serious risk to our community. Continuing detention orders remain a last resort for individuals who present a real risk to public safety and provide a highly regulated means of monitoring high-risk individuals in the community.
That is why this bill retains the existing sunset clauses to allow reconsideration of their necessity by the parliament before they sunset in December 2029. The bill also extends the operation of key terrorism related police powers in the Crimes Act for a further three years to the end of 2029. These important powers enable police to respond— A division having been called in the House of Representatives— Sitting suspended from 16:47 to 17:08 Mr MONCRIEFF: These key terrorism-related police powers provide operational capabilities such as powers to stop, question and search persons in specified circumstances, as well as emergency entry powers where there is a serious and imminent threat to life or safety.
These powers are designed for use in narrow circumstances, and the AFP has been appropriately judicious in its approach. The existing sunset clauses are retained to ensure reconsideration by parliament at the end of 2029. Managing high-risk terrorist offenders starts with effective interventions before radicalisation takes hold.
Our intelligence agencies have been clear that there is a growing cohort of young people influenced by online extremist content and youth recruitment networks who may come to pose a risk to the community. This bill extends the maximum duration of a control order for a young person from three months to 12 months. Importantly, these amendments only extend the maximum duration of an order, with courts retaining the discretion to impose orders of a shorter duration where appropriate.
Existing safeguards remain unchanged, such as the obligation for the best interests of the child to be taken into account in any decision to impose a control order. Extending the maximum duration of control orders against young people can facilitate more effective interventions by supporting longer term engagement, intervention, rehabilitation and reintegration measures.
Evidence based intervention and deradicalisation programs exist. By extending the duration in which they are able to be worked through with an at-risk individual means a greater chance of effectiveness. Strengthening the investigative capabilities of our key intelligence agencies and police is of vital importance.
That is why the bill amends the Surveillance Devices Act and the Telecommunications (Interception and Access) Act to strengthen the control order framework. The amendments allow agencies to obtain warrants for information that will help determine whether a control order is necessary in cases of serious terrorist offenders nearing release from custody. This maintains existing operational capability with control orders, rather than extended supervision orders as, the primary mechanism for imposing conditions on serious offenders while also maintaining existing warrant thresholds, reporting obligations and terrorist oversight arrangements.
Terrorism does not respect borders, be they national or between states and territories. Terror thrives in the gaps between agencies. It exploits boundaries, shelters behind fragmented records and conceals its movements between jurisdictional silos.
For too long our laws governing the sharing of criminal history, firearm registration and intelligence data between Commonwealth agencies and state police forces have suffered from rigid statutory constraints. In an era of fast-moving, multijurisdictional threats, seamless information sharing is an operational necessity in preventing future attacks and keeping Australians safe.
This bill knocks down barriers that prevent information about findings of guilt where no conviction has been recorded from being considered in control order and postsentence order proceedings. Such information can be highly relevant in assessing risk and determining the propriety of certain conditions. The amendments do not change the legal thresholds for obtaining control or postsentence orders; they simply ensure that courts have access to all of the relevant information necessary to make informed decisions.
State and territory agencies may hold information that is relevant to whether a control order is necessary. While these amendments do not compel information sharing, they allow states and territories to disclose information where appropriate to support informed decision-making and risk assessment. Every power extended or modified under this legislation remains subject to rigorous legal safeguards.
Control orders and postsentence orders are not issued by police directives or politicians. They are ordered by independent judges and based on strict evidential standards. The provisions in these bills will ensure that judges have the requisite information to make decisions that are in the public interest and that properly appreciate the relevant factors in assessing risks to public safety.
The tragedy at Bondi Beach showed us the darkest aspects of extremism and radicalisation, but it also revealed the best of Australian spirit—those first responders who ran toward danger without a moment's hesitation and those who wrapped their arms around the Jewish community. There was the community of southern Sydney, who all gathered around the shop of Ahmed al-Ahmed to lay flowers and honour the bravery that Ahmed al-Ahmed showed in protecting the innocent from the attacks of the terrorist at Bondi.
This bill is balanced, this bill is proportionate and this bill plays a vital role in ensuring the continued safety and security of Australians into the future. That's why I commend this bill to the House.