Counter-Terrorism Legislation Amendment Bill 2026

Ms SHARKIE (Mayo) (17:51): by leave—I move amendments (1) and (2), as circulated in my name, together: (1) Clause 2, page 2 (at the end of the table), add: 5. Schedule 9 The day after this Act receives the Royal Assent. (2) Page 48 (after line 27), at the end of the Bill, add: Schedule 9 — Convictions for terrorist offences Crimes Act 1914 1 At the end of section 19B Add: Exception — terrorist acts (5) Subsection (1) of this section does not apply in relation to a charge for an offence against section 101.1 of the Criminal Code (which makes it an offence to engage in a terrorist act within the meaning of Part 5.3 of the Criminal Code). 2 Application of amendment The amendment made by this Schedule applies in relation to a charge for an offence if the charge is made on or after the commencement of this Schedule.

A 'terrorist act', under section 100.1 of the Commonwealth Criminal Code, is an act or a threat to act intended to advance a political, religious or ideological cause; intimidate the public or coerce or influence by intimidation a government; cause death or serious harm, or endanger the life of a person; cause serious property damage; create a serious risk to the health or safety of the public; or seriously interfere with, disrupt or destroy critical infrastructure such as telecommunications or electricity networks.

In Australia right now, a person can actually be found guilty or plead guilty to a terrorist act where they prepared or planned a terrorist act, and yet, under section 19B of the Crimes Act, while there is that guilt, there does not necessarily need to be a conviction. I completely accept and understand the principle of judicial discretion. However, there are some crimes against the nation that are so heinous, so disgusting, so morally depraved, that that discretion must be removed.

We already have a precedent for this. We have in the Migration Act that, if you are found guilty of people-smuggling as an adult, a conviction must be recorded against you. How can it be that we don't have that same rule apply with respect to terrorism?

If we truly want to send a very clear message to people in this nation who seek to harm our nation, who in their radical religious ideology or political ideology decide that they are going to commit a terrorist offence and are found guilty of that terrorist offence, surely there must be a conviction. That's not necessarily a custodial sentence. That's saying 'a conviction'.

If we are truly serious about terrorism in our nation, we must draw a line and say, 'There must be a conviction recorded,' because, when a conviction is recorded against your police clearance sheet for a police search, we then provide that information to everyone else in society who needs it. Say that person who's been found guilty of an offence of terrorism goes and works, as I said, in a hospital or an aged-care home, or say maybe they want to work in the NDIS—and goodness knows we've seen enough fraud and bad things in that section!

They would walk in with a clean rap sheet. How can that be? How can we say, 'Yes, that's fine; that's normal'?

Well, I can tell you: that does not pass the pub test. Australians expect more from this place. They expect more from their government in protecting them, and in standing and drawing an absolute line against this behaviour.

We saw, last year, the most horrific act against Australians at Bondi. One small thing that we could do from that is to say: 'You know what? If you are found guilty of a terrorism offence in Australia, we are going to treat this seriously.

We're going to ensure that a conviction is imposed.' That is what we must do as a nation. I think this has to be a complete oversight. Maybe that was because we had not had terrorism on our shores.

But we do now. Now, I'm sure the government's probably going to say, 'Well, 19B hasn't been used for a terrorism offence.' But that doesn't mean it won't be. So let's take that away.

Let's put Australians first. Let's put the safety of Australians first. Let's close this loophole now, just like we have for people-smuggling.

We expect better, and we must act in this place to create better.