Counter-Terrorism Legislation Amendment Bill 2026 (Cth)
Submission Date: 8 September 2026
Terrorism is an insidious form of political violence: it exposes Australians to risk of death and serious injury, and it is intended to undermine the democratic process. It is vitally important that our laws are fit for purpose and that any impacts on human rights, fundamental freedoms, or rule of law principles are limited to the extent that they are necessary and proportionate to achieve their aims. Achieving this balance is especially important under conditions where the threat posed by terrorism and violent extremism is serious and evolving.
Since the publication in 2023 of the Parliamentary Joint Committee on Intelligence and Security Committee Advisory Report on the Counter Terrorism and Other Legislation Amendment Bill 2023,1 the Director-General of Security has raised the terrorism threat level to “probable”.2 Events at Bondi Beach in December 2025, and those in Perth in January 2026 saw that prediction tragically realised. Those actions resulted in devastation and grief for victims, their families and communities.
The Counter-Terrorism Legislation Amendment Bill 2026 (Cth) (the Bill) would extend the availability of extraordinary counter-terrorism powers beyond their current sunset date, expand reliance on control orders, support the use of surveillance powers in control order investigations, broaden access to criminal history information, and change the process for de-listing terrorist organisations.
The Law Council recognises the need to respond effectively to the threat of terrorism, political violence and violent extremism. Responding to political violence requires laws capable of protecting and expressing the values of the rule of law in a liberal democracy. The rule of law and the fundamental freedoms of individuals are central to the national security we seek to protect and enhance. It is for that reason that the Law Council seeks to ensure that the measures in the Bill are justified, appropriately calibrated, and robustly safeguarded.
A key aspect of the Bill relates to the control orders framework, elevating it to the primary mechanism for post-sentence monitoring. This framework has the potential to impose intrusive obligations, prohibitions and responsibilities on individuals based on predictions of their future behaviour rather than as punishment for actions they have taken and been duly convicted of.
The most serious restriction on liberty is preventative detention. In this regard the Bill would extend the sunset date of both preventative detention and continuing detention measures. For reasons contained in this submission, the Law Council continues to oppose the extension of these frameworks.
The Law Council's submission addresses Schedules 1–7 to the Bill sequentially. However, the Law Council's recommendations primarily focus on two overarching themes:
- enhancing how these frameworks respond to children; and
- pathways for affected persons to make representations about listed terrorist organisations.
1 Parliamentary Joint Committee on Intelligence and Security, Parliament of Australia, Advisory Report on the Counter Terrorism and Other Legislation Amendment Bill 2023 (Report, October 2023). See Law Council of Australia, Counter-Terrorism Legislation and Other Amendment Bill 2023 (Submission to the Parliamentary Joint Committee on Intelligence and Security, 13 October 2023).
2 Mike Burgess, Director-General of Security: Statement on the National Terrorism Threat Level, Australian Security Intelligence Organisation (Statement, 30 January 2025) <https://www.asio.gov.au/director-general-security-statement-national-terrorism-threat-level>.
Last Updated on 10/09/2026
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