Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021

No. 88, 2021

An Act to amend the law relating to counter-terrorism, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—Declared areas in foreign countries 3

Criminal Code Act 1995 3

Intelligence Services Act 2001 3

Part 2—Control orders 4

Criminal Code Act 1995 4

Part 3—Preventative detention orders 5

Criminal Code Act 1995 5

Part 4—Stop, search and seizure powers 6

Crimes Act 1914 6

Part 5—Review of Division 105A of the Criminal Code 7

Independent National Security Legislation Monitor Act 2010 7

Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021

No. 88, 2021

An Act to amend the law relating to counter-terrorism, and for related purposes

[Assented to 2 September 2021]

The Parliament of Australia enacts:
1 Short title

This Act is the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 3 September 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Criminal Code Act 1995

 1 Subsection 119.2(6) of the Criminal Code

Omit “7 September 2021”, substitute “7 September 2024”.

Intelligence Services Act 2001

 2 At the end of subparagraph 29(1)(bb)(ii)

Add “and”.

 3 Subparagraph 29(1)(bb)(iii)

Repeal the subparagraph.

 4 Before paragraph 29(1)(bba)

Insert:

Criminal Code Act 1995

 bbaa

(bbaa) if the Committee resolves to do so—to review, by 7 January 2024, the operation, effectiveness and proportionality of sections 119.2 and 119.3 of the Criminal Code (which provide for declared areas in relation to foreign incursion and recruitment); and

 5 Subsections 104.32(1) and (2) of the Criminal Code

Omit “7 September 2021”, substitute “7 December 2022”.

Criminal Code Act 1995

 6 Subsections 105.53(1) and (2) of the Criminal Code

Omit “7 September 2021”, substitute “7 December 2022”.

Crimes Act 1914

 7 Subsections 3UK(1), (2) and (3)

Omit “7 September 2021”, substitute “7 December 2022”.

Independent National Security Legislation Monitor Act 2010

 8 Subparagraph 6(1)(a)(ia)

Repeal the subparagraph.

 9 Subsection 6(1C)

Repeal the subsection, substitute:

[Minister’s second reading speech made in—

Senate on 4 August 2021

House of Representatives on 23 August 2021]

(91/21)

 1C

The Independent National Security Legislation Monitor must:

 a

(a) review the operation, effectiveness and implications of Criminal Code and any other provision of that Code as far as it relates to that Division; andDivision 105A of the

b

complete the review as soon as practicable after 7 December 2021.