Law Council of Australia


Review of post-sentence terrorism orders: Division 105A of the Criminal Code Act 1995

The Law Council of Australia provided a submission to the Parliamentary Joint Committee on Intelligence and Security’s (the Committee’s) in response to a review of post-sentence terrorism orders contained in Division 105A of the Criminal Code Act 1995 (Cth) (the Criminal Code).

The Committee is required to review Division 105A of the Criminal Code by paragraph 29(1)(bbaaa) of the Intelligence Services Act 2001 (Cth) within twelve months of the completion of the Independent National Security Legislation Monitor’s (the INSLM’s) review of the same division. On 3 March 2023, the INSLM, Mr Grant Donaldson SC, provided the Attorney-General his review of the operation, effectiveness and implications of Division 105A of the Criminal Code and other relevant provisions (the INSLM’s Report).1

1 That report was then tabled in Parliament on 30 March 2023: Commonwealth of Australia, Independent National Security Legislation Monitor, Mr Grant Donaldson SC, Review of Division 105A (and related provisions of the Criminal Code (Report, 2022). (‘the INSLM’s Report’)


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