Counter-Terrorism Legislation Amendment Bill 2026
Ms ROWLAND (Greenway—Attorney-General) (18:00): I acknowledge the amendments moved by the member for Mayo and the constructive engagement she has had with my office on its substance. The government will not be supporting the amendments. To be clear, the government believes that a conviction for a terrorist act is a very serious matter and should be recorded.
We believe the existing regime is appropriately balanced and targeted. Section 16A of the Crimes Act 1914 requires that, in determining the sentence to be passed in respect of any person for a federal offence, a court must impose a sentence of a severity appropriate in all the circumstances of the offence. Among other factors, the court must have regard to the nature and circumstances of the offence.
In addition, section 19B of the Crimes Act provides that a court may make an order discharging a person without proceeding to conviction if satisfied that it would be inexpedient to inflict anything other than a nominal punishment or that it is expedient to release the offender on probation. In determining whether to make such an order, the court must have regard to the character and other circumstances of the person, the extent to which the offence is of a trivial nature or the extent to which the offence was committed under extenuating circumstances.
As a reminder, the offence for committing a terrorist act carries a maximum penalty of life imprisonment. In fact, all terrorism offences other than the offences for associating with a terrorist organisation carry a mandatory minimum of six years imprisonment, clearly indicating the inherent seriousness of these offences. Given the seriousness of terrorism offending, it is therefore highly unlikely that an order discharging a person with no conviction could ever be an appropriately severe penalty.
As the member for Mayo has been informed and as she has noted, I am advised that there has never been an order under section 19B to discharge someone from conviction for committing a terrorist act. For these reasons, the government will not be supporting the amendments. But again we note that these matters will be examined by the PJCIS and we look forward to its findings.
The DEPUTY SPEAKER ( Ms Aldred ): The question is that the amendments be agreed to. Question unresolved. The DEPUTY SPEAKER: As it is necessary to resolve this question to enable further questions to be considered in relation to this bill, in accordance with standing order 195 the bill will be returned to the House for further consideration.
Federation Chamber adjourned at 1 8 :03