Agenda Paper: Inter-governmental Agreement on Counter-terrorism Laws
Council of Australian Governments' Meeting
25 June 2004
Recommendation
That the Council of Australian Governments (COAG) agree and sign the Inter-Governmental Agreement (IGA) on Counter-Terrorism Laws.
Background/Issues
In April 2002, the Prime Minister and Premiers and Chief Ministers agreed to a constitutional reference of power to support comprehensive terrorism offences at a national level. The legislative component of the reference of power package was completed with the commencement of the Commonwealth legislation (Criminal Code Amendment (Terrorism) Act 2003) on 29 May 2003. The remaining step is to finalise the IGA.
One of the key aspects of the IGA is the requirement that the Australian Government obtain the agreement of a majority of the States and Territories (including at least four States) for any future amendments to Part 5.3 of the Commonwealth Criminal Code, which contains the terrorism offences. The draft text of the IGA was approved by the Standing Committee of Attorneys-General (SCAG) in April 2003, with a view to the IGA being put to COAG for consideration and agreement.
A number of amendments have been made to the text of the IGA as outlined below. Most of these amendments were proposed in correspondence between the
Prime Minister and Premiers and Chief Ministers during consultation on the Criminal Code Amendment (Terrorist Organisations) Bill 2003. A copy of the revised IGA is attached.
The key changes to the draft text of the IGA are set out below.
Consultation process for listing terrorist organisations
The revised IGA sets out consultation requirements for listing terrorist organisations. It provides that the Australian Government will not proceed with the listing of a terrorist organisation if a majority of the States and Territories object to the listing within a nominated time frame and provide reasons for their objections. The Australian Government will provide States and Territories with a written brief on the terrorist‑related activities of the organisation that it proposes to list and will also offer an oral briefing by the Director‑General of Security.
Provision of the text of proposed amendments and regulations
The IGA requires the text of proposed amendments and the text of proposed regulations listing terrorist organisations to be provided to States and Territories during the consultation process.
Consultation through the Prime Minister, Premiers and Chief Ministers
The IGA has been amended to provide for consultation through the Prime Minister and Premiers and Chief Ministers rather than through SCAG.
Consultation prior to the making of amendments
With the exception of urgent amendments, the revised IGA requires the Australian Government to obtain the agreement of a majority of States and Territories to amendments to Part 5.3 of the Criminal Code prior to introducing them into Parliament. For amendments that the Prime Minister nominates as urgent, the IGA provides for the agreement of the States and Territories to be obtained after introduction into Parliament, but prior to enactment.
Australian Government