John Coyne, Chris Taylor, Susan Thomson
The definition of a ‘terrorist act’ included in Australia’s Criminal Code since 2002 has been important in protecting Australia’s national security and reinforcing the resilience of our democratic institutions. That definition, currently the subject of an inquiry by the Independent National Security Legislation Monitor (INSLM), continues to be relevant and effective. It should be retained with minimal revision.
We welcomed an opportunity to engage with the INSLM to discuss the definition of a ‘terrorist act’ as outlined in section 100.1 of the Criminal Code Act 1995. Our subsequent submission to his inquiry reflects a policy and operational perspective grounded in the realities of operational and strategic counterterrorism, rather than a legalistic or academic critique.
Since its introduction, the terrorism definition has been reviewed seven times by different institutions and jurisdictions, yet no substantive amendments have been adopted. One interpretation might be that the number of reviews and recommendations reflects some kind of failing. We suggest that it instead reflects the reality that recommended revisions have simply not had public nor political support.
We reject the premise that absence of change implies deficiency. The burden of proof lies with those advocating for revision to demonstrate that an alternative definition would better serve Australia’s interests by being more effective, more proportionate, more protective of rights and more consistent with international obligations. To date, no such case has been convincingly made.
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