House of Representatives

Counter-Terrorism Legislation Amendment Bill (No. 1) 2016

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)
This memorandum takes account of amendments made by the Senate to the bill as introduced and supersedes the explanatory memorandum tabled in the senate



1. The Counter-Terrorism Legislation Amendment Bill (No. 1) 2016 (the Bill) replaces the Counter-Terrorism Legislation Amendment Bill (No. 1) 2015 (the 2015 Bill) and includes provisions implementing recommendations contained in the February 2016 advisory report of the Parliamentary Joint Committee on Intelligence and Security (the Committee) on the 2015 Bill (the Committee advisory report), and recommendations made by the Independent National Security Legislation Monitor (INSLM) in his February 2016 Report on the impact on journalists of section 35P of the ASIO Act (INSLM report).

2. The Bill contains a package of amendments to the Australian Security Intelligence Organisation Act 1979 (ASIO Act), Administrative Appeals Tribunal Act 1975 (AAT Act), Classification (Publications, Films and Computer Games) Act 1995 (Classification Act), Criminal Code Act 1995 (Criminal Code), Crimes Act 1914 (Crimes Act), National Security Information (Criminal and Civil Proceedings) Act 2004 (NSI Act), Public Interest Disclosure Act 2014 (PID Act), Taxation Administration Act 1953 (TA Act), Telecommunications (Interception and Access) Act 1979 (TIA Act), and Surveillance Devices Act 2004 (SD Act).

3. These measures are being developed in response to lessons from recent counter-terrorism operations and represent part of the Government's comprehensive reform agenda to strengthen Australia's national security and counter-terrorism legislation.


4. The amendments to the Bill may have a financial impact on Government expenditure or revenue. If necessary, the Commonwealth will meet the cost of a lawyer appointed to a young person in control order proceedings.

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