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Australian anti-terrorism legislation, 2004

Part of a series on
Terrorism in Australia

Notable attacks
Notable plots
Counter-terrorism

Legislation

Raids


Part of a series on
Terrorism in Australia

Legislation

Raids

Three anti-terrorism bills were enacted in the Australian Parliament in 2004 by the Howard Coalition government with the support of the Labor Opposition. These were the Anti-terrorism Bill 2004, the Anti-terrorism Bill (No 2) 2004 and the Anti-terrorism Bill (No 3) 2004.

The Attorney-General, Philip Ruddock, introduced the Anti-terrorism Bill 2004 on 31 March 2004. He described it as "a bill to strengthen Australia's counter-terrorism laws in a number of respects – a task made more urgent following the recent tragic terrorist bombings in Spain." He said that Australia's counter-terrorism laws "require review and, where necessary, updating if we are to have a legal framework capable of safeguarding all Australians from the scourge of terrorism."

The main provisions of the Bill were:

Ruddock said that the government recognised the need to "ensure that appropriate safeguards are put in place to maintain the balance between security and individual rights and freedom." Existing safeguards in part 1C of the Crimes Act continue to apply to terrorist suspects being investigated in accordance with the Crimes Act regime. These safeguards include:

The Bill amended a number of Acts:

The Bill was referred to the Senate Legal and Constitutional Committee, which recommended some amendments to strengthen safeguards in the Bill. The Labor Opposition then indicated that it would support the Bill if it were amended in accordance with the Committee's recommendations. The Bill was passed by the House of Representatives without opposition on 13 May. In the Senate the government accepted most, but not all, of the Committee's amendments. The Australian Democrats, the Australian Greens and independent Senator Meg Lees opposed the Bill in the Senate. The Bill was passed by the Senate with the support of the Opposition on 24 June, was assented on 30 June and came into force on 1 July 2014 as the Anti-terrorism Act 2004.


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