Australia has a range of laws to help manage the threat of terrorism. This includes laws dealing with terrorism offences, and laws that enable the Government to prevent and respond to terrorist attacks. Australia’s counter-terrorism laws are always under review to ensure they remain relevant.
Definition of terrorism
Under the
Criminal Code Act 1995 (Cth) (the Criminal Code), a ‘terrorist act’ is an act, or a threat to commit an act, that:
- causes death or serious harm, or endangers a person's life, causes serious damage to property, causes a serious risk to the health or safety of the public, or seriously interferes with critical infrastructure; and
- is done intending to advance a political, religious or ideological cause; and
- is done with the intention to intimidate the public (including a section of the public), or to coerce, or influence by intimidation, any government of any country or of a part of a country.
A terrorist act does not cover engaging in advocacy, protest, dissent or industrial action where there is no intention to cause harm to others.
If found guilty of committing a terrorist act, a person could face up to life imprisonment.
Terrorism offences
The Criminal Code sets out a number of offences relating to terrorism. It is an offence to:
- commit a terrorist act
- plan or prepare for a terrorist act
- finance terrorism or a terrorist
- provide or receive training connected with terrorist acts
- possess things connected with terrorist acts
- collect or make documents likely to facilitate terrorist acts
- be a member of a terrorist organisation
- train with, fund, support or associate with a terrorist organisation. For more information, see Terrorist organisations and
State sponsors of terrorism.
The Criminal Code also sets out offences relating to people who fight for armed groups overseas. It is an offence to:
- enter, or make preparations to enter, a foreign country with the intent to engage in hostile activity
- enter, or remain in, a
current declared area.
Counter-terrorism laws
Prevention and response
Australian Government agencies have a range of powers for investigating and responding to terrorism offences, including:
- The
Crimes Act 1914 sets out police powers in relation to terrorist acts and terrorism offences.
- The
Australian Security Intelligence Organisation Act 1979 allows ASIO to obtain warrants to conduct surveillance, and to detain and question people who may have information on terrorism-related activities.
- The
Defence Act 1903 contains provisions that allow the Australian Defence Force to respond to terrorist incidents within Australia.
Listed terrorist organisations
The Australian Government lists terrorist organisations for the purposes of the relevant offences in the Criminal Code. More information is available at Terrorist organisations.
Listed state sponsors of terrorism
The Australian Government lists state sponsors of terrorism for the purposes of relevant offences in the Criminal Code. More information is available at State sponsors of terrorism.
Declared areas
The Australian Government can declare an area in a foreign country where a terrorist organisation is active to deter Australians from travelling there and putting themselves in danger. More information is available at Current declared areas.
