Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995
Submission to the Independent National Security Legislation Monitor's (INSLM) review of the definition of a ‘terrorist act’.
Summary
Submission by the Australian Human Rights Commission to the Independent National Security Legislation Monitor's (INSLM) review of the definition of a ‘terrorist act’ under section 100.1 of the Criminal Code Act 1995 (Cth).
Review of the definition of a ‘terrorist act’ in section 100.1 of the Criminal Code Act 1995
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Overview
The Australian Human Rights Commission has made a submission to the Independent National Security Legislation Monitor's (INSLM) review of the definition of a ‘terrorist act’ under section 100.1 of the Criminal Code Act 1995 (Cth).
The submission is framed around ensuring that Australia’s counter-terrorism framework – and specifically the Criminal Code’s definition of a ‘terrorist act – remains effective in protecting national security while fully consistent with Australia’s international legal obligations. In the submission, the Commission recognises the need to strike an appropriate balance between safeguarding the community and preserving democratic freedoms.
Key recommendations
- The definition of ‘terrorist act’ under s 100.1(c)(i) of the Criminal Code should be extended to include coercion or intimidation of an international organisation.
- The motive element defined under s 100.1(b) of the Criminal Code should be retained, but the reference to advancing a religious cause should be removed.
- The current statutory definition should be amended to provide that an act may constitute a ‘terrorist act’ where ‘advancing a political or ideological cause’ is a substantial purpose, even if accompanied by other motives.
- The ‘threat of action’ should not be included within the definition of a ‘terrorist act’, and a separate offence of threatening to commit a terrorist act should be created.
- Hostage-taking should be included in the list of actions falling within subsection (2) under the current statutory definition of a ‘terrorist act’.
- The current exemption of advocacy, protest, dissent and industrial action should be retained as part of the definition of a ‘terrorist act’.
- All counter-terrorism laws and measures concerning children should be consistent with Australia’s obligations under the Convention on the Rights of the Child.
- Periodic reviews of sentencing laws and practices and trends in sentencing outcomes relating to terrorism offences should be included within the specific functions of the INSLM