Second Reading - Criminal Code Amendment Bill 2025

The Albanese Government's top priority is to keep our community safe from those who seek to do us harm.

On 26 August, the Prime Minister delivered a sobering announcement that Australia is not immune from the actions of malicious foreign actors who seek to undermine our safety, security, and social cohesion through state sponsored terrorism.

Informed by the expert assessments of the Australian Security Intelligence Organisation, the Government announced that Iran's Islamic Revolutionary Guard Corps had directed at least two antisemitic attacks on Australian soil-deliberately seeking to stoke division and undermine the very values all Australians hold dear.

These attacks were extraordinary.

They were abhorrent.

They have absolutely no place in a modern, multicultural and multifaith country like Australia.

These two state sponsored attacks targeting Jewish Australians on Australian soil represent a turning point in our experience of terrorism.

And, while these attacks may have been targeted to one part of our community, they were attacks on our sovereignty and our collective way of life.

These were attacks against all Australians.

The evolving threats against Australia must not go unchallenged.

This Parliament must respond to them swiftly and unequivocally, unified in our shared understanding that protecting Australians and Australia must be an issue above politics.

Terrorism is unlike any other crime in its ability to impact our community.

It is deliberately targeted to undermine the values we hold dear, intimidate the public, and tear at our social fabric.

The threat of terrorism has shaped our national security landscape, global interactions, and our collective sense of safety.

That threat continues to evolve, including as a result of the rise of international terrorist organisations and the ease at which hateful ideologies can be disseminated online.

State sponsored terrorist acts in Australia add a frightening new complexity to this landscape.

But it is one which we must stand against resolutely-as we have with the challenges that have come before.

Our national security frameworks for responding to terrorism are strong and have served us well to date.

However-in recognition that terrorism has generally not been the purview of state actors-it has long been understood that the existing listing framework does not apply to a body politic.

In response to these recent developments, the law must continue to adapt.

The Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025, which I introduce today, does exactly that.

The bill amends the Criminal Code to introduce a new part 5.3A to provide a framework to list foreign state entities as state sponsors of terrorism and respond to state sponsored terrorist acts.

Responding to the actions of state sponsors of terrorism presents unique security challenges and foreign policy considerations, and therefore requires a framework which is specifically designed, including appropriate safeguards on its operation.

The Government has taken the necessary time to get this framework right, working constructively across portfolios and across jurisdictions to establish a robust scheme that is appropriately balanced and targeted.

The bill will allow a foreign state entity to be listed as a state sponsor of terrorism where they have directly or indirectly engaged in, or otherwise supported or advocated for, the doing of terrorist acts targeted at Australia.

The consideration of the listing of particular entities under this framework sits separately to the Parliament's consideration of this bill and will be appropriately considered by the responsible minister following passage.

This new framework is supported by the introduction of a range of criminal offences, mirroring those that exist for terrorism and in relation to terrorist organisations currently.

These new offences will criminalise engaging in, and making preparations for, a state terrorist act targeting Australia, as well as state sponsors of terrorism providing support to non-state actors that engage in terrorism targeting Australia.

New offences will also be introduced which criminalise certain interactions with state sponsors of terrorism, including being a member of those entities, and providing them support or training.

These offences will be accompanied by appropriate defences and safeguards, recognising that-given their function as an entity of a state-there may be legitimate circumstances where an individual has no option but to engage with a listed entity. The bill will also make consequential amendments across the statute book to ensure that state-sponsored terrorism is treated in a consistent manner to other terrorist acts.

Critically, law enforcement and intelligence agencies will be provided with the same powers to respond to, and prevent, state-sponsored terrorism as they currently have in relation to terrorism.

Noting that the extension of these powers are subject to an intergovernmental agreement between the Commonwealth and the states and territories, I want to acknowledge the constructive engagement between all levels of government since the Prime Minister's announcement in late August.

This is the federation working at its best to keep Australians safe.

I thank both my counterparts and comparable departments and agencies within state and territory jurisdictions for their engagement with the Attorney-General's Department in the formulation of this bill.

As our security environment changes, it is incumbent on the Parliament to respond to new and emerging threats in a firm yet measured manner.

This bill achieves that balance.

The bill will strengthen Australia's counter-terrorism framework, creating an environment in which it is more difficult, more risky, and more costly for malicious foreign actors to seek to cause Australia and our community harm.

It is a warning for any foreign state who seeks to intimidate or coerce us through violence.

In introducing and seeking passage of this bill, the Government is standing with all Australians against hatred, violence and division, and I urge the entire Parliament to do the same.

I commend the bill to the House.

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